Ohio Contractors Association, Ohio Local Government Bidding Clearing House
Terms of Use
Effective Date: June 21, 2022
Welcome to the Ohio Local Government Bidding Clearing House website. Please read the following Terms of Use carefully. They govern your use of the https://www.olgbclearinghouse.org/ (the “Site”), hosted by the Ohio Contractors Association (“OCA”, “we,” “us,” “our”), and the services offered via the Site. By accessing, viewing, downloading, or otherwise using this or any webpage or service available via the Site, including, but not limited, single-sign account services as set out below (collectively with the Site, the “Services”), you acknowledge and agree to be bound by the following terms and conditions (the “Terms of Use” or “Agreement”). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use or our Privacy Policy, found at https://www.olgbclearinghouse.org/Privacy-Policy.aspx (the “Privacy Policy”), DO NOT PROCEED WITH THIS AGREEMENT, AND DO NOT USE OR ACCESS (OR CONTINUE TO USE OR ACCESS) THE SERVICES, VIEW, DOWNLOAD, OR OTHERWISE USE THE SITE, INFORMATION OR SERVICES. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS.
If you have entered into a written agreement with OCA, these terms and conditions will supplement such agreement. If there is a conflict between the provisions of these terms and conditions and written agreement, and unless otherwise expressly agreed by the parties in writing that specific terms of these terms and conditions shall supersede specific provisions of the written agreement, then the provisions of the written agreement shall prevail.
1. Intellectual Property Notices
All content on the Services, including the logo, articles, documents, designs, specifications, other text, and graphics on the Site (collectively, the “Site Content”) is the intellectual property of OCA or its licensors. The Site Content available on these Services is protected by trademark, trade dress, copyright, and patent laws of the U.S. The Site Content may not be copied, imitated, used, or disseminated in whole or in part, without the prior written permission of OCA. You may view, print, copy, and download portions of the Site Content solely in connection with your use of the Services, and solely for your own individual, internal, non-commercial use or records. OCA reserves the right to revoke this authorization at any time.
You may not reverse engineer, decompile, modify, reproduce, distribute, publish, or disassemble any software except and only to the extent that such activity is expressly permitted by OCA.
2. Service Eligibility
You represent and warrant that (a) you are not under the age of 18; (b) you have not previously been suspended or removed by OCA; and (c) your use of the Services is at your own risk.
The Site, Services and Site Content (defined below) are intended for use by counties, townships, cities, local municipalities, or other government agencies in the State of Ohio (collectively, the “Ohio Agencies”) for the purpose of posting high-way construction jobs for contractors based in the United States (“Contractors”) to search and obtain information required to bid on posted jobs. Any use or access of the foregoing outside of the United States is prohibited. Contractors are not required to be a member of OCA to make use of this Site. If you represent or are an Ohio Agency, you will be required to register your contact information on the Site before posting jobs.
General Terms and Conditions
You must provide correct and complete information if requested by us if you use the Services or certain features on the Site. As part of your use of the Services, you may be required to submit certain content (including any name, contact information, business information, and other personal information), project information, pricing information, addresses, photos, videos, suggestions, ideas, questions, registration details or other information to use the Services (collectively, the “User Content”). By submitting any information to us, you represent and warrant that: such User Content is accurate, complete, and current; does not violate any other section of these Terms of Use; and is neither is in violation of any contractual restrictions nor in violation of any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right. You represent and warrant that you have the necessary rights, title and interest in and to the User Content to grant OCA a worldwide, sublicensable, royalty-free, right and license to use, display, modify, store, and create derivative works of such User Content.
We exercise no control over any User Content you or others submit while using the Services. While we reserve the right to, we are not obligated or responsible for monitoring, editing, screening, or removing any User Content you or others submit while using the Services. We have no obligation to verify the identity of any users when they access the Services or to supervise the User Content provided by users. We may update our policies and practices from time to time at our sole discretion. Should you believe that someone is misusing or otherwise misappropriating your information, you must immediately inform us by contacting us at the information provided below.
You agree not to access our Site or Services by any means other than through the interfaces we provide for use in our accessing our Site or Services. Unauthorized access of our Site is a breach of these Terms of Use and is a violation of the law.
You acknowledge, consent and agree that we may access, preserve, and disclose your information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims of a violation of the rights of third-parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of OCA, its users and the public.
Certain Services may be made available through a password protected area on this Site. We may allow you to register and obtain an account (a “User Account”) to access such materials. If you choose, or are provided with, a username, password for your User Account, or any other piece of information as part of our security procedures. You must treat your User Account and its username and password as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your User Account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You are responsible for any activity conducted through your User Account, and liable for any related loss arising from that conduct. You agree to notify us immediately of any unauthorized access to or use of your User Account or any other breach of security.
We have the right to disable any User Account, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
3. Prohibited Conduct
You expressly agree to refrain from doing, either personally or through an agent, any of the following:
a. Use any device, a robot, spider, script, automated process, or manual process or other means to harvest information about other users, or any content from the Services.
b. Transmit, install, upload, or otherwise transfer any virus, malware, or other item or process to the Services that in any way affects the use, enjoyment, or service of the Services.
c. Transmit, install, upload, or otherwise transfer any material to the Services that is fraudulent, inaccurate, offensive, violent, lewd, salacious, explicit, discriminatory, illegal, infringing, hateful, pornographic, or sexually suggestive. OCA reserves the sole discretion to determine the nature of the material.
d. Transmit, install, upload, or otherwise transfer to the Services any content (including any User Content) that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents, and publicity rights).
e. Modify the information, including headers, found on the Services.
f. Transmit, install, upload, or otherwise transfer to the Services any unauthorized advertisement or communication, including but not limited to spam, and phishing emails.
g. Engage in any action that OCA determines is detrimental to the use and enjoyment of the Services.
h. Use the Services for any unlawful means.
i. Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States.
4. INDEMNITY
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS OCA AND ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, LICENSORS, DIRECTORS, SUPPLIERS, OTHER PARTNERS, EMPLOYEES AND REPRESENTATIVES FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEY’S FEES, MADE BY ANY THIRD PARTY TO OR ARISING OUT OF YOUR USE OF THE SITE, OR YOUR USE OF OR CONNECTION TO THE SERVICES (INCLUDING ANY USE BY YOU ON BEHALF OF A THIRD PARTY), OR THE USER CONTENT. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO PARTICIPATE IN OR ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
WE RESERVE THE RIGHT TO DENY SERVICE TO ANYONE, AT ANY TIME, AND FOR ANY REASON, AS ALLOWED BY LAW, OR FOR ANY OTHER REASON.
5. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE, THE SITE CONTENT, AND ANY SERVICES, IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED, THE SITE, THE SITE CONTENT, AND ANY SERVICES, ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. OCA DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. OCA MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE, SITE CONTENT, AND ANY SERVICES. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM YOUR USE OF THE SITE, SITE CONTENT, AND ANY SERVICES. USE OF THE SITE, SITE CONTENT, AND SERVICES ARE AT YOUR SOLE RISK.
OCA IS NOT RESPONSIBLE AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF COMMENTS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE SERVICES TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES OR SITE CONTENT WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SERVICES, OR IN CONNECTION WITH THE SITE CONTENT, OR ANY SERVICES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY SITE CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
6. LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMITTED BY LAW, OCA IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, EVEN IF OCA HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE SITE, THE SITE CONTENT, OR ANY SERVICES; (b) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR ANY SERVICES, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (c) SITE CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, RELY UPON, MODIFY OR DISTRIBUTE.
7. Termination of Service
We reserve the right, at our sole discretion, to terminate any and all Services provided to you at any time without notice for any or no reason. We also reserve the right, at our sole discretion, to discontinue any Service or modify any Service without notice, at any time, and without liability. We reserve the right, at our sole discretion, to terminate Services to you, and to deactivate your User Account, if applicable. We shall not be liable to you or any third party if we terminate your User Account and you agree to hold us harmless and indemnify us from any third-party claims arising from the termination of your account. You agree that any material breach of this Agreement will result in irreparable harm to OCA for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, OCA will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if OCA seeks such an injunction.
8. Third Party Content
You may find links to other Internet sites or resources on the Site, the Site Content, or the Services. You acknowledge and agree that OCA is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any of the Site Content, advertising, products, or other materials on or available from such sites or resources. OCA will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such Site Content.
9. Single Sign-On Account
We offer a service which enables you to create a generic digital account which allows you to use the same login data across participating websites (“SSO Account”). Your SSO Account is provided free of charge and for private use only. By using the SSO Account, you warrant that you will not: (i) use the SSO Account in a manner inconsistent with these Terms of Use or in any way that breaches any laws or regulations; (ii) permit anyone else to use your SSO Account; and (iii) infringe our intellectual property rights or those of any third party in relation to your use of the SSO Account. In the event you breach any of these Terms of Use or we suspect misuse of your login details or your SSO Account, we shall have the right to terminate your SSO Account and deny you access to the Site. We also reserve the right to hold you liable for all consequences of such misuse.
10. Controlling Law
All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use, the Privacy Policy (available at https://olgbclearinghouse.org/Privacy-Policy.aspx) and/or the Services shall be instituted exclusively in the state or federal courts of Franklin county, Ohio although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
11. Entire Agreement
This Agreement and the Privacy Policy contains the full understanding between the parties and supersedes all prior representations or agreements, whether oral or written, with respect to such matters. If any provision of the Terms of Use is held invalid by any law or regulation of any government, or by any court, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms of Use will remain in full force and effect.
12. Contact Us
The Services are provided and operated by Ohio Contractors Association, 1313 Dublin Road, Columbus, OH 43215. All feedback, comments, requests for technical support and other communications relating to this Agreement and/or the Services should be directed to the Ohio Contractors Association at telephone number 614-488-0724 or [email protected].