User Agreement

• The term ‘User’ refers to any person and/or company personnel who use(s) the BidX2 estimating platform for any purpose including but not limited to the free trial period, ongoing paid usage and for-profit as well as non-profit usage.
• The term ‘Owner’ refers to the person or company who owns and pays for the domain www.bidx2.com.
• The term ‘Agreement’ refers to this User Agreement which is the same as a legally binding contract between both parties.
• The term ‘Usage’ in this agreement refers to any customization of the User’s account and/or entering and/or editing any proprietary information into the User’s account on the BidX2 platform. Some examples of Usage include but are not limited to: Entering email, phone number, website, and/or user name, entering credit card information, entering Labor, Crew, Equipment, Materials, Factors, Suppliers, Subcontractors and/or any similar data, preparing an estimate, generating a report, entering terms and conditions, entering overhead and/or profit percentages, and/or any similar activity.
• By usage of the BidX2 platform or any of its related domains or entities, the User agrees that it will not attempt to replicate, private label, white label, copy or disseminate the platform or any component of it for its own personal or commercial usage. Further, the User specifically agrees that it will pay a penalty of not less than one hundred thousand US dollars for any attempt to duplicate the BidX2 platform in whole or in part. In addition, the User expressly agrees to pay to the Owner the sum of one thousand dollars per day for each (24) hour period that the User was using or attempting to copy or replicate any component of the BidX2 estimating platform without permission.
• The User, upon viewing this agreement and continuing to use the BidX2 platform, does relinquish any of their legal rights and provisions accorded to them under any other previous agreement(s) that may have existed between the Owner and the User, and does in its place agree to substitute this Agreement. Further, it is agreed by both the Owner and the User that this Agreement (User Agreement) becomes the only binding agreement in existence between all involved parties and by virtue of its substitution does completely and irrevocably supplant, cancel, close and nullify any and all previous agreements between all parties involved. Said supplantation, cancellation and nullification of previous agreements will occur at the moment that the User or any of his or her agents, or employees, having accessed the BidX2 platform for the first time, wherein they originally had unfettered access to this agreement, will continue to use this BidX2 platform for any private or commercial purpose.
• The User agrees to pay the Owner(s) for usage of the BidX2 platform at the current rates advertised in the subscription area on BidX2.com and to reimburse the Owner(s) for any past due amounts when demand is made upon the User whether by phone, email or in written correspondence. Further, the User agrees to compensate the Owner(s) for all collection efforts used to collect monies owed by the User to the Owner. Further, the User agrees to pay the maximum interest allowed by law the Owner for past due amounts.
• The User agrees that if any part(s) of this agreement is not enforceable by law or is deemed unfair, then the remainder of this agreement in not to be deemed by either party as unenforceable, tainted or unfair but shall still be enforceable and shall be relied upon and accepted by both parties.
• The User is responsible to pay for any and all usage of the BidX2 platform. The owner will not accept payment of less than a whole month. The minimum billing portion is (1) month. At no point will the User ever be charged on a pro-rated basis. If the User cancels in the middle of a month, they will owe the cost of an entire month.
• There is an hourly cost to the User for service and technical support of $75 per hour, which is due immediately. The minimum charge is (1) whole hour and will be billed in (1) whole hour increments.
• There is a minimum cost of $99.00 to set-up and guide the User at the inception of their usage of the BidX2 platform.
• The User agrees to permit the Owner to use its likeness, logo, data, pricing information and other relevant information for its own purposes such as but not limited to: market analysis, advertising, creditworthiness and similar.
• The User agrees to not hold the Owner responsible for any loss of data, for any software glitch(es), for negligence or for any other action or cause which may be attributable to the owner that results from usage of the BidX2 estimating platform.
• The User agrees that the User’s data will be saved on a server which could conceivably come under attack by malicious groups and which is subject to all manner of dangers including but not limited to: Acts of God, force majeure, inclement weather, natural deterioration, lack of maintenance, negligence, obsolescence or any other cause, and that none of these shall be the responsibility of the User nor shall the User seek to recover any damage from the Owner for the same.
• The User agrees that each and every time the Owner updates this agreement, the entirety of the agreement, including the updated portions, becomes a binding part of the agreement retroactive to the date the User first accessed the BidX2 platform and gained access to this agreement.
• The User agrees that at no time may it claim that it was not aware of this agreement since it is at all times accessible to the User within the User’s settings area. Further, the User is not obligated to use the BidX2 platform, and can choose to not use it for any purpose at which point the entirety of this agreement would not constitute a contract between the owner and user. The User agrees that even one-time usage of the BidX2 platform constitutes acceptance of this agreement.
• The User agrees that it will hold the Owner harmless and defend the owner at its own expense for any cause attributable to the Owner resulting from the usage of the BidX2 Estimating Platform and/or any of its related domains or entities.
• The User agrees that it does not own any portion of BidX2, nor is it due any compensation for BidX2 as a result of any shared development costs that may have occurred prior to the final development of the BidX2 platform. The User agrees that upon using BidX2 for any purpose, it relinquishes and foregoes any rights, claims to ownership, claims to profit or earnings or any other benefit that could conceivably be due to the User from prior or current development efforts.
• The User agrees that in the event that any court were to determine that monies are due in compensation to the User for past or current development efforts, then at most the User agrees to receive in compensation from the Owner a basic subscription to the BidX2 platform and that no other monies or benefits are due to it from the owner.
• The User agrees to grant permission to the Owner to access any computing device upon which they use or have previously used BidX2 for the purpose of collecting usage statistics and/or any information related to the usage of BidX2 by the User and/or for the purpose of determining the merit of any claim or action brought against the Owner by the User.
• The User agrees that at no time and for no purpose will they bring litigation against the Owner in the Court of Law and that in lieu of this, the User will be allowed only binding arbitration as the sole dispute resolution. This clause applies to the Usage of BidX2 as well as to any previous agreement(s) that may exist between the Owner and User whether related directly or only tangentially.
• The User agrees to pay the attorney fees incurred by the Owner as soon as they become due, no matter who brings the action against whom, and only after the matter is resolved, and only in the event that the matter is resolved in favor of the User, and only if the presiding authority stipulates or rules that it be necessary, only then will the attorney fees be paid back to the User by the owner via the form of an interest bearing loan with a (15) year maturity date, with equal monthly payments and an annual interest rate of 2.75% or Prime +0.75% whichever is lower.
• If the Owner shall choose, it reserves the right to charge a once per year technology fee for the purpose of improving the Bidx2 platform. The fee may be for any amount of not less that 1x the basic subscription cost and not more that 12x the basic subscription cost.