These Terms and Conditions of Use ("Terms") govern access to and use of Projectdog.com, Projectdoc.com, and related websites, software, electronic procurement services, documentation, and services provided by Projectdog, Inc. ("Projectdog").
By accessing, registering for, or using the Services, you agree to these Terms. They apply to all users, including owners, awarding authorities, municipalities, architects, engineers, contractors, subcontractors, suppliers, vendors, plan holders, consultants, guests, and other users, whether or not the user pays Projectdog directly.
If you do not agree to these Terms, do not use the Services. Projectdog may modify these Terms by posting revised Terms. Continued use after the effective date constitutes acceptance.
Projectdog provides electronic procurement and bid-management technology that may permit users to publish solicitations, distribute project documents, communicate project information, manage addenda, receive electronic submissions, and perform related functions.
Projectdog is a technology provider and electronic procurement conduit. It is not the owner, awarding authority, procurement official, architect, engineer, contractor, bidder, or decision-maker for a solicitation unless expressly stated in a separate written agreement.
Projectdog does not determine bidder eligibility, responsibility, responsiveness, bid acceptance, bid rejection, contract award, cancellation, extension, or rebidding. Those decisions remain with the applicable awarding authority.
Usernames, passwords, electronic confirmations, and other authorized authentication methods may constitute electronic signatures or evidence of authorization to the extent permitted by law.
Users are responsible for protecting credentials and for activity conducted through their accounts. Sharing or transferring credentials is prohibited. Users must promptly report suspected unauthorized access.
Users must provide accurate registration and contact information and keep it current.
Users are solely responsible for reviewing project documents, instructions, forms, addenda, deadlines, submission requirements, notices, and other solicitation information.
Users are responsible for preparing complete and accurate submissions, completing required fields, obtaining signatures, uploading required documents, verifying files, and confirming successful submission.
Email notifications are a convenience and do not replace monitoring the project portal. Users must maintain functioning email and spam filters.
Users must allow sufficient time for uploads, authentication, processing, and submission before deadlines.
Where electronic submission is required, submissions must be made through Projectdoc.com or another Projectdog-designated location identified in the solicitation.
Users should review requirements; prepare forms and attachments; conduct a quality review; upload files; verify files; complete required fields; submit; and retain submission confirmations.
Where revision or retraction is permitted before a deadline, the user is responsible for correctly completing the process and confirming the final submission.
Projectdog does not determine whether a submission is legally responsive or whether an awarding authority should accept or reject it.
Deadlines are established by the applicable awarding authority or procurement documents. Projectdog may display deadlines, countdowns, timestamps, notifications, or other time information.
Users must submit sufficiently in advance of deadlines. Electronic systems may be affected by network latency, internet interruptions, browser issues, file-processing delays, server maintenance, time synchronization problems, or other technical conditions.
Projectdog does not warrant that every displayed clock, timestamp, countdown, or notification will always be uninterrupted or error-free. Users should independently verify critical deadlines.
Users are responsible for reviewing all project documents, addenda, amendments, questions and answers, notices, and updates.
Electronic notices are a convenience and do not relieve users of the obligation to monitor the project portal. Required addenda acknowledgments remain the user’s responsibility.
Fees are established by applicable agreements, purchase orders, or service arrangements. Unless expressly stated otherwise in writing, fees paid to Projectdog are non-refundable and non-negotiable.
Where an awarding authority or subscriber pays for contractor access, those users remain bound by these Terms even if they pay no fee directly to Projectdog.
Projectdog relies on third-party hosting providers, cloud infrastructure, data centers, internet and telecommunications providers, DNS providers, email providers, security vendors, and other services.
Projectdog does not control or warrant third-party availability, performance, security, accuracy, or continuity.
To the fullest extent permitted by law, Projectdog is not responsible for outages, maintenance, failures, delays, configuration changes, data loss, security incidents, routing problems, synchronization errors, or other events caused by or occurring within third-party infrastructure or services.
Projectdog is an electronic procurement platform and does not control substantive procurement decisions.
Projectdog is not responsible for an awarding authority’s decision to accept, reject, postpone, cancel, extend, re-advertise, or rebid a solicitation.
To the fullest extent permitted by law, Projectdog is not liable for premature, delayed, unintended, or unauthorized release, display, transmission, availability, or access to bid information, bidder identities, pricing, submitted documents, project information, timestamps, or other procurement information caused by system errors, third-party infrastructure, network conditions, maintenance, software defects, cybersecurity events, time synchronization issues, user actions, or circumstances beyond Projectdog’s reasonable control.
Projectdog does not guarantee uninterrupted, continuous, secure, or error-free operation.
Projectdog may perform scheduled or emergency maintenance, updates, repairs, security measures, or other work that affects availability and may modify, suspend, restrict, or discontinue features when reasonably necessary.
Projectdog is not liable for failure or delay caused by events beyond its reasonable control, including severe weather, fire, flood, power or telecommunications failure, internet outage, cyberattack, ransomware, denial-of-service attack, labor dispute, governmental action, war, civil disturbance, supply-chain disruption, third-party service failure, cloud or data-center outage, or similar event.
Force majeure does not relieve users of responsibility for applicable procurement deadlines or requirements.
THE SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMITTED BY LAW, PROJECTDOG DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, AVAILABILITY, AND UNINTERRUPTED OPERATION.
PROJECTDOG DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, AVAILABLE AT ALL TIMES, SECURE FROM EVERY POSSIBLE THREAT, OR FREE OF HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, PROJECTDOG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, CONTRACTORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, CONTRACTS, DATA, GOODWILL, BID PREPARATION COSTS, PROCUREMENT OPPORTUNITIES, OR EXPECTED SAVINGS.
WITHOUT LIMITING THE FOREGOING, PROJECTDOG SHALL NOT BE LIABLE FOR CLAIMS ARISING FROM OUTAGES, SERVER OR CLOUD FAILURES, INTERNET OR TELECOMMUNICATIONS FAILURES, EMAIL DELIVERY FAILURES, TIME OR TIME-ZONE ERRORS, TIMESTAMP DISCREPANCIES, DATA TRANSMISSION DELAYS, CYBERSECURITY EVENTS, PREMATURE OR DELAYED BID RELEASES, UNINTENDED ACCESS TO PROCUREMENT INFORMATION, MISSED DEADLINES, REJECTED SUBMISSIONS, PROCUREMENT CANCELLATIONS, OR REBIDS, EXCEPT TO THE EXTENT LIABILITY CANNOT LAWFULLY BE EXCLUDED.
PROJECTDOG'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE LESSER OF (A) AMOUNTS PAID BY THE CLAIMANT DIRECTLY TO PROJECTDOG DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) US $100.
For users who pay no fees directly to Projectdog, including users receiving access through a municipality, owner, awarding authority, or other subscriber, the US $100 limit applies.
These limitations apply regardless of legal theory, including contract, warranty, negligence, tort, strict liability, statute, or otherwise, and even if Projectdog was advised of the possibility of damages. Nothing excludes liability that cannot lawfully be excluded.
To the fullest extent permitted by law, each user agrees to defend, indemnify, and hold harmless Projectdog and its officers, directors, employees, affiliates, contractors, licensors, and service providers from claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising from the user’s violation of these Terms, misuse of the Services, unauthorized access, unlawful or inaccurate information, infringement of third-party rights, or violation of law.
Projectdog may assume exclusive control of the defense of any matter subject to indemnification, and the user agrees to cooperate.
All Projectdog software, source and object code, documentation, graphics, logos, interfaces, designs, databases, trademarks, and proprietary content belong to Projectdog or its licensors and are protected by law.
Users receive only a limited, non-exclusive, non-transferable, revocable right to use the Services for authorized procurement purposes. No ownership is transferred.
Project documents may contain materials owned by architects, engineers, consultants, owners, awarding authorities, or others. Authorized users may reproduce such materials only as reasonably necessary for authorized project activity.
Users may not copy, modify, reverse engineer, scrape, reproduce, redistribute, sell, lease, sublicense, or commercially exploit Projectdog software or proprietary content except as expressly authorized.
Users may receive confidential, restricted, proprietary, or procurement-sensitive information. Users are responsible for complying with all applicable confidentiality obligations.
Access to project information does not authorize disclosure, distribution, or exploitation unrelated to the applicable procurement or authorized business purpose.
Projectdog may restrict access to projects, documents, accounts, or features when required by an awarding authority, law, security concern, or legitimate operational need.
Users consent to electronic communications concerning accounts, projects, submissions, system operation, security, notices, and Services.
Electronic signatures, acknowledgments, confirmations, and authentication methods may be used to the extent permitted by applicable law, including Massachusetts electronic-transactions law and the federal E-SIGN Act.
Users are responsible for ensuring electronically submitted documents are complete and properly signed or certified.
Users are responsible for ensuring uploaded files are complete, readable, accurate, and free of malicious code.
Upload and processing times vary based on file size, connection speed, ISP performance, network congestion, routing, server load, file complexity, and other factors. Any upload-time estimate is a guideline, not a guarantee.
Users should retain local copies of submitted documents, confirmations, receipts, and other records.
Users may not violate law, interfere with system operation, gain unauthorized access, impersonate another person or entity, submit fraudulent information, transmit malicious code, scrape or harvest data without authorization, circumvent security controls, or improperly obtain confidential procurement information.
Users may not reverse engineer, decompile, disassemble, or attempt to derive source code except where expressly permitted by law.
Projectdog may suspend or terminate access for violations or conduct threatening the security, integrity, or lawful operation of the Services.
Projectdog may suspend or terminate access, with or without notice where reasonably necessary, for violations, security concerns, suspected fraud or abuse, legal requirements, nonpayment, or operational reasons.
Termination does not eliminate obligations that by their nature survive, including intellectual property, confidentiality, indemnification, disclaimers, limitation of liability, and governing law.
Projectdog may retain project information, submissions, account information, logs, and related data according to agreements, operational requirements, legal obligations, and retention policies.
Unless otherwise specified in writing, Projectdog may retain project information for at least thirty days following bid opening and may retain records longer for legal, security, audit, operational, or archival purposes.
Third-party links are provided for convenience. Projectdog does not control or endorse third-party content, services, policies, security, or availability and is not responsible for third-party websites or services.
Projectdog®, Projectdoc®, and related names, logos, graphics, and marks are trademarks or service marks of Projectdog, Inc. All other marks belong to their respective owners.
Violations may result in suspension or termination and may subject the responsible party to civil or criminal remedies where applicable.
Projectdog reserves all rights and remedies available at law or equity, including injunctive relief where appropriate.
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law principles.
To the fullest extent permitted by law, legal actions arising from these Terms or the Services shall be brought in a court of competent jurisdiction within the Commonwealth of Massachusetts.
If any provision is invalid or unenforceable, it shall be enforced to the maximum extent permitted by law and the remaining provisions shall remain effective.
Failure to enforce a provision is not a waiver of that provision or the right to enforce it later.
Users may not assign or transfer rights or obligations under these Terms without Projectdog’s written consent. Projectdog may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or similar transaction.
These Terms, applicable subscription or service agreements, posted policies, and documents expressly incorporated by reference constitute the agreement governing use of the Services.
If a written agreement between Projectdog and a subscribing customer conflicts with these Terms, that written agreement controls between those parties. Nothing in these Terms is intended to override a mandatory requirement in a solicitation, procurement law, contract, advertisement, specifications, instructions to bidders, or addendum.
Provisions that by their nature should survive termination shall survive, including intellectual property, confidentiality, indemnification, disclaimers, limitation of liability, governing law, venue, and dispute provisions.
Questions concerning these Terms or the Services should be directed through the contact or support channels designated by Projectdog.
Projectdog may provide notices electronically through the Services, by email, or by posting notices on its websites.
BY ACCESSING OR USING PROJECTDOG SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS AND CONDITIONS OF USE.
YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR MONITORING PROJECT INFORMATION, DEADLINES, ADDENDA, SUBMISSIONS, AND CONFIRMATIONS AND FOR ALLOWING SUFFICIENT TIME TO COMPLETE ELECTRONIC SUBMISSIONS.
YOU FURTHER ACKNOWLEDGE THAT PROJECTDOG IS AN ELECTRONIC PROCUREMENT TECHNOLOGY PROVIDER AND THAT PROCUREMENT DECISIONS REMAIN WITH THE APPLICABLE AWARDING AUTHORITY.