Terms of Service
Terms and Conditions
Advanced Training Academy LLC and its affiliates (collectively, "Company," "we" or "us") provide a variety of technology services including the Bid Fire program, the Bid Fire website, and all associated technology (collectively, the "Services"). The Services may be accessed through your desktop or laptop computer or mobile device.
These Terms of Service ("Terms") govern your access to, and use of, the Services. Please read these Terms carefully. The words "you" and "your," as used in these Terms, means any person or entity who accesses or uses the Services and any person or entity who creates an Account (as defined in Section 2.1 and accepts these Terms, including the primary user of the Services designated by you who creates your Account ("Principal User") and those additional users authorized by the Principal User to access the Services ("Authorized Users"). For the avoidance of doubt, all users of the Services are Principal Users or Authorized Users. All references to "User" generally, or to "you" or "your" with regard to access and use of the Services, will include any Principal Users and Authorized Users.
THESE TERMS ARE A LEGAL AGREEMENT. BY CLICKING THE "I AGREE" OR "I ACCEPT" OR SIMILAR BUTTON, BY CHECKING A BOX INDICATING YOUR AGREEMENT, OR BY ACCESSING AND USING THE SERVICE, YOU AGREE THAT YOU HAVE REVIEWED, ACCEPTED AND AGREED TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT IN CONNECTION WITH THE ACCESS AND USE OF THE SERVICES.
1. ELIGIBILITY TO USE THE SERVICES
1.1. General. To use the Services, you represent and warrant that you are at least 18 years of age and competent to agree to these Terms.
1.1.1 Ineligibility. If the Company has previously prohibited you from using the Services or creating an Account, you are not permitted to use the Services regardless of any creation of a new Account.
1.2. Location. These Terms are applicable to any User located in the United States. If you are located outside the United States, please contact the Company regarding Terms applicable outside the United States.
2. ACCOUNT REGISTRATION AND USE
2.1. Account. To use the Services, you must complete the registration process and provide certain information about yourself and your company (as applicable), as prompted by the applicable registration form.
2.2. Use of Services. Users are responsible for their own actions in connection with the Services, but the Principal User also hereby agrees to be fully responsible for all actions taken by the Authorized Users relating to the Principal User's Account and the access and use of the Services.
2.3. Unauthorized Use. It is your responsibility to ensure that your Account information, including your username and password, remains confidential. You are responsible for notifying us if you become aware of any unauthorized use of your Account.
3. THE SERVICE
3.1. Ownership of Services. The Services are owned and operated by the Company, and are protected by United States copyright laws, trademarks, and other intellectual property laws.
3.2. Provision of Services. Subject to the terms and conditions contained herein, we will use all commercially reasonable efforts to make the Services available to you pursuant to these Terms during the Subscription Term.
3.3. Subscription Level. Access to the Services is offered by the Company in several levels of Service (Basic, Gold, or Platinum, each a "Subscription Level").
3.4. Access to the Services. The Company grants you a non-exclusive, non-sublicensable, and non-transferrable right to access the Services during the applicable Subscription Term, solely for your internal business purposes and subject to the Subscription Level.
4. CUSTOMER RESPONSIBILITIES
4.1. Acceptable Use. The Services may not be used for any unlawful, harmful, obscene, offensive, or fraudulent activity. The Services may not be rented, sub-licensed, sold, shared, assigned, distributed, or otherwise provided to anyone other than Authorized Users of your Account.
4.2. Compliance with Law. By using the Services, you agree to comply with all applicable local, state, and national laws in connection with such use, including without limitation any laws related to data privacy.
5. FEES AND PAYMENT
5.1. Payment of Fees. By registering an Account, you agree to pay the amount provided in connection with the Subscription Level you select at time of registration (the "Subscription Fee"). Fees paid are not refundable.
5.2. Invoicing. Subscription Fees will be automatically charged to your credit card on file upon renewal of the month subscription.
5.4. Overdue Payments. Any payment not received within five (5) business days of the invoice date will accrue a late charge of 1½% per month or the maximum amount allowed by law, whichever is less.
5.5. Suspension of Service; Nonpayment. Failure to pay the Subscription Fee and any accrued late fees within 30 days of the invoice date will result in loss of access to the Services and/or suspension of your Account until such fees are paid in full.
6. CANCELLATION
6.1. Cancellation by User. Subject to these Terms, you may cancel your Account at any time for any reason. Upon cancellation, your Account will remain accessible until the expiration of the current Subscription Term.
6.2. Treatment of Customer Data. In the event of cancellation or termination of your Account, the Company will make available to you for a period of thirty (30) days a file of all Customer Data received in comma separated value (.csv) format along with any and all attachments.
7. DATA PRIVACY & CONFIDENTIALITY
7.1. Definition of Confidential Information. As used herein, "Confidential Information" means all confidential and proprietary information of a party ("Disclosing Party") disclosed to the other party ("Receiving Party").
7.2. Confidentiality. The Receiving Party shall not use or disclose any Confidential Information of the Disclosing Party for any purpose except as expressly contemplated in these Terms.
7.3. Use of Data. You understand that our transmission and processing of Customer Data is necessary for your use of the Services. You hereby expressly consent to the Company's use and storage of any provided Customer Data.
7.4. Data Security. The Company will implement and maintain reasonable procedures and practices to prevent the unauthorized acquisition, use, modification, disclosure, or destruction of your Confidential Information.
8. REPRESENTATIONS AND WARRANTIES
8.1. Company Warranties. During the applicable Subscription Term, the Company warrants that the Services will comply with the material functionality described in the applicable documentation.
8.3. Disclaimer. THESE TERMS REPRESENT THE EXCLUSIVE WARRANTY ASSOCIATED WITH USE OF THE SERVICE AND REPLACE ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. LIABILITY
9.1. No Consequential Damages. Neither you nor the Company will be liable to the other for exemplary, punitive, special, incidental, indirect, or consequential damages arising out of a breach of these Terms.
9.2. Limitation on Liability. IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE AMOUNT ACTUALLY PAID BY AND DUE FROM CUSTOMER HEREUNDER IN THE TWELVE MONTHS PRECEDING THE INCIDENT GIVING RISE TO LIABILITY.
10. GENERAL PROVISIONS
10.1. Relationship of the Parties. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between you and the Company.
10.2. Governing Law. These Terms will be construed in accordance with the laws of the State of Washington, without giving effect to the conflict of law rules thereof.
10.3. Venue; Waiver of Jury Trial. The state and federal courts of the State of Washington shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Terms.
10.4. Assignment. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the Company.
10.5. Entire Agreement. These Terms contain the entire understanding of the parties with respect to the matter contained herein.
10.6. Severability. If any provision of these Terms is found to be invalid, illegal or unenforceable under any applicable statute or law, it is to that extent deemed to be omitted.