1. ACCEPTANCE OF TERMS

InviTender Inc. ("INVITENDER") provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of INVITENDER’s TOS at any time at: http://www.invitender.com/terms.asp. Your use of INVITENDER constitutes your agreement to all such terms, conditions, policies and notices (the "Agreement").

2. DESCRIPTION OF SERVICE

INVITENDER provides users with access to a rich collection of resources on business and government contracting and any other market affairs through its network of properties (the "Service"). The Service includes a full access to the current INVITENDER.com site and other special features such as Briefcase and special content features without any restrictions. Unless explicitly stated otherwise, any new features which augment or enhance the current service, including the release of new features, shall be subject to the TOS. You understand and agree that the Service is provided on "AS-IS" basis and that INVITENDER assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service by subscribing through INVITENDER’s registration pages and understand that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.

3. MODIFICATIONS TO SERVICE

INVITENDER reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that INVITENDER shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
INVITENDER may change, add or remove any part of this Agreement, or any other terms associated with the use of the site at any time, by posting a notice of such changes to the TOS page of the website. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use INVITENDER after the notice is posted, you are indicating your acceptance of those changes.

4. FEES AND PAYMENTS

INVITENDER will charge you fees for access to INVITENDER’s full membership features. In order to use the Service or designated portions of the Service, you will be required to register and create an account. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period and allowance of information retrievals for which such fees and charges are incurred.
Each account type subscribers can choose, states a subscription period and a maximum number of information retrievals during this subscription period. Your subscription is valid until either the expiry of the specified subscription period or until the full usage of the specified allowance of information retrievals under your chosen and paid account type, whichever comes FIRST, not last.
INVITENDER reserves the right to change the amount of, or basis for determining, any fees, and to institute new fees, effective upon prior notice to you.
In order to set up an account with INVITENDER you must provide INVITENDER with valid credit card information or a valid cheque or money order. By submitting such credit card information, you give INVITENDER permission to charge all fees incurred through your account to the credit card you designate on the Registration Form. All Fees will be charges at the time they are incurred.
Your right to use the Service is subject to any restrictions established by INVITENDER or by your credit card issuer. If payment cannot be charged to your credit card or your payment is returned for any reason, including charge back, INVITENDER reserves the right to either suspend or terminate your account and all its obligations under this Agreement.
If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password or any credit, debit or charge card number stored on the Service), you must promptly change your password and notify INVITENDER of the problem by giving notice via e-mail to webmaster@invitender.com.
If you have questions about your bill or about INVITENDER full membership billing policies, please contact us at webmaster@invitender.com.
Disputed charges must be reported to INVITENDER via e-mail to webmaster@invitender.com within 40 days of the disputed billing date.

5. REGISTRATION AND ACCOUNT CREATION

As part of the registration and account creation process required obtaining access to this Service, you will select a User ID and a password. You will provide INVITENDER with certain registration information, all of which must be accurate and updated (if any of your registration information changes, you can update it by visiting our Account Management page). You will be solely responsible for maintaining the confidentiality of your password. You are solely responsible for all usage or activity on your INVITENDER account including, but not limited to, use of the account by any person authorized by you to use your User ID and password.

6. NON-TRANSFERABILITY OF SUBSCRIPTION

Your right to use this site is personal to you and you may not sub-license, transfer, sell or assign this agreement to any third party without our approval. Any attempt to do so will be void.

7. SUBSCRIPTION CANCELLATION

If subscribers decide to cancel their subscription during the subscription period, the remaining portion of the subscription fee will NOT be refunded. We leave your membership fully active until the end of the subscription period or the full usage of your information retrievals, whichever occurs first.

8. SPONSORS, THIRD PARTIES AND ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that INVITENDER shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Service.

9. LINKS

INVITENDER may provide, or third parties may provide, links to other World Wide Web sites or resources. Because INVITENDER has no control over such sites and resources, you acknowledge and agree that INVITENDER is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that INVITENDER shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

10. DISCLAIMER OF WARRANTIES

You expressly understand and agree that :

a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. INVITENDER expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

b. INVITENDER makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, (v) any errors in the software will be corrected, (vi) or that this web site, its content, and the servers on which the web site and content are available are free of viruses or other harmful components.

c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

d. No advice or information, whether oral or written, obtained by you from INVITENDER or through or from the service shall create any warranty not expressly stated in the TOS.

e. This web site may contain various combinations of text, images, audiovisual productions, opinions, statements, facts, articles, market data, stock quotes or other information created by INVITENDER or by third-parties. Due to the number of sources from which content in this site is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content. Accordingly, such content, including the market data, is for your reference only and should not be relied upon by you for any purpose. Such content is not intended for the purpose of tax or investment advice and it does not advocate the purchase or sale of any security or investment.

f. Information created by third parties that you may access on the site or through links is not adopted or endorsed by INVITENDER and remains the responsibility of such third parties.

11. LIMITATION OF LIABILITY

You expressly understand and agree that INVITENDER shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if INVITENDER has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

12. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 10 and 11 may not apply to you.

13. TRADEMARK INFORMATION

All materials on this site ("Online Materials"), including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by INVITENDER or by other parties that have licensed their material to INVITENDER. Except as specifically provided herein, no Online Materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify the content on this site. Any unauthorized attempt to modify any Online Material, to defeat security features, or to utilize this site for other than its intended purposes is prohibited.

INVITENDER.com and INVITENDER.com logos and product and service names are trademarks of InviTender Inc. All other trademarks appearing on the Site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. It is understood that INVITENDER is a news and information site and service and that references to other names and trademarks are necessary in the course of providing news and commentary about the subjects that this site covers. INVITENDER will enforce its intellectual property rights to the fullest extent of the law.
If you suspect that INVITENDER's content or trademarks are being misused, please contact webmaster@invitender.com as soon as possible.

14. NON-WAIVER

The failure of INVITENDER to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

15. VIOLATIONS

Please report any violations of the TOS to us at webmaster@invitender.com.

16. INDEMNIFICATION

You agree to indemnify, defend and hold INVITENDER harmless from any claims and expenses, including reasonable attorneys' fees, arising from or related to any breach by you of any terms of this Agreement.

17. LETTERS TO THE EDITOR OR OTHER SUCH COMMENTS OR MATERIALS

Any comments, materials, or letters sent by you to INVITENDER regarding the site, including without limitation, questions, comments, suggestions, criticisms or the like ("Received Materials") shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter is "not for publication" and contains "private and proprietary" information that may not be distributed. INVITENDER shall have no obligation of any kind with respect to such Received Materials and INVITENDER will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction. Furthermore, INVITENDER is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to INVITENDER for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including you.

18. PRIVACY

You can read INVITENDER’s Privacy Policy here.

19. RESTRICTIONS ON USE

You may not use INVITENDER or its content for any illegal purpose or in any manner inconsistent with these Terms of Service. You agree to use INVITENDER solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity.

20. USER CONDUCT AND BEHAVIOUR

When you use any INVITENDER's Services or the Site, you represent, warrant and agree that you will not:

• falsify or misrepresent any personal or business information regarding your identity or intentions with respect to any matter;
• post, publish, transmit, distribute, or upload any information through or link directly or indirectly any
  information to the Site that INVITENDER, in its sole discretion, deems unlawful, obscene, derogatory, abusive, threatening, discriminatory with respect to race or gender, or is otherwise disagreeable;
• post, publish, transmit, distribute, or upload any information through or link directly or indirectly any
  information to the Site that contains a virus, Trojan horse, worms, or any other harmful software code or programming routine that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• post, publish, transmit, distribute, or upload any information through or link directly or indirectly any
  information to the Site that is unlawful, fraudulent, or otherwise disagreeable, including without limitation, any information, communication or transmission that constitutes or supports the commission of any illegal activity or any violation of local, state, national or foreign law, statute, ordinance or regulation (including without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• post, publish, transmit, distribute, or upload any information through or link directly or indirectly any
  information to the Site that violates any copyright, trademark or any other proprietary intellectual property
  rights of others, unless you have obtained permission from such owner and such action would not violate any of the above rights in such property;
• post, publish, transmit, distribute, or upload through or link directly or indirectly any information to the Site any bulk e-mail solicitations, chain letters, solicitations, advertisements, pyramid schemes or any other unsolicited communication, including without limitation, spamming INVITENDER's users;
• use, reproduce, distribute, publish or communicate any information obtained from the Site, for any commercial reason, unless such activity has been expressly approved in writing by INVITENDER; or
• use any robot, spider, other automatic device, or manual process to monitor or copy INVITENDER's web pages or content contained herein;
• use any device, software or routine to bypass INVITENDER's robot exclusion headers or meta tags, or to interfere or attempt to interfere with the proper working of the Site or any transaction being communicated or conducted on the Site, or take any action that imposes an unreasonable or disproportionately large load on INVITENDER's infrastructure; or
• create liability for INVITENDER or cause INVITENDER to lose in whole or in part the services of INVITENDER's ISPs or other suppliers.

21. SEVERABILITY

If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.

22. ENTIRE AGREEMENT

This Agreement and any other terms and conditions of service on http://www.invitender.com constitute the entire agreement between you and INVITENDER and govern your use of the Service.

23. REFUSAL OR DISCONTINUANCE OF SERVICE

INVITENDER reserves the right to refuse or discontinue service to any user for non-compliance with these Terms of Service.

24. CHOICE OF LAW AND FORUM

This Agreement will be governed by the laws of the British Virgin Islands. Any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the British Virgin Islands. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and Conditions and agree to submit to binding arbitration.