Updated: Jan 18, 2018
Welcome to Avisare. We’re glad you’re here, and we hope you enjoy everything we have to offer. We believe that small businesses deserve a fair chance to compete for B2B contracts. By creating one massive, interconnected network, Avisare’s mission is to foster economic development by helping small businesses grow while creating a more just world.
Please read these Terms carefully because they are a binding agreement between You and Avisare.com, Avisare Corp, (“Avisare” or “We” and also referred to as “our” and “us:).
1.1 Contract
You agree that by clicking “Join Now”, “Join Avisare”, “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Avisare (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract”) do not click “Join Now” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this Contract, at any time you can do so by closing your account and no longer accessing or using our Services.
Services
This Contract applies to Avisare.com, App.Avisare.com, websites that contain “Powered By Avisare”, Avisare-branded apps, and other Avisare-related sites, apps, communications and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services, such as our ads and plugins. Registered users of our Services are “Members” and unregistered users are “Visitors”. This Contract applies to both Members and Visitors.
Privacy Policy and Cookie Policy
As a Visitor or Member of our Services, the collection, use, and sharing of your personal/company data is subject to this Privacy Policy and updates.
Business Offering
You agree and acknowledge that the Services are offered on a business-to-business basis and are not intended as a consumer offering.
1.2 We may make Changes
We may modify this Contract and our Privacy Policy from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to this Contract means that you are consenting to the updated terms.
1.3 Notices and Messages
You agree that we will provide notices and messages electronically to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date. If you are a Member, please review your settings to control and limit messages you receive from us.
2.1 Service Eligibility
Avisare offers the Services for your business purposes, and not for personal, household, or consumer use. To use the Services, you must be a legal entity or an individual in business 18 years or older who can form legally binding contracts. Avisare reserves the right in its sole discretion to refuse, suspend, or terminate Services to you upon discovery that any information you provided on any form or posted to the Services or otherwise provided to us is untrue, inaccurate, or incomplete, or otherwise violates this Contract, or for any other reason or no reason in Avisare’s sole discretion.
2.2 Your Account
You may be required to create an account and specify a password in order to use certain services or features of the Services. In some cases, an account may be assigned to you by an administrator, such as your employer or educational institution. If you are using or logging into an account assigned to you by an administrator, additional terms may apply to your use of the Sites. Moreover, your administrator may be able to access or disable your account without our involvement. If you are registering an account on behalf of a legal entity, you represent that you have the authority to bind the legal entity to this Contract.
As a condition of your use of the Services, you agree to (a) provide Avisare with true, accurate, current and complete information as prompted by Avisare’s registration forms, when registering for or using the Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. Don’t try to impersonate anyone else or any other business when you create your account. If your information changes at any time, you must update your account to reflect those changes.
You may not share your account with anyone else. Please keep your password confidential, and try not to use it on other websites. If you believe that your account has been compromised at any time, please notify your system administrator.
While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.
2.3 User Conduct
As a condition of your access and use of the Services and your submission or access to any reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Services (collectively, the “Content”), you agree not to use the Services for any purpose that is unlawful or prohibited by this Contract, or any other purpose not reasonably intended by Avisare. By way of example, and not as a limitation, you agree not to:
2.4 Payment
If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes and agree to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:
2.5 Sharing
Our Services allow messaging and sharing of information in many ways, such as your profile, your RFP or other requests published by Members (“RFx”) submissions, pre-qualification and certification applications. The Services may enable sharing or access to your information as set forth below, and as specifically set forth in sharing features you may access.
Public Profile
Data on your public profile can be viewed by all Members on a Prime Contractor tier or Client account at all times. Members who are on a “Prime Contractor tier” are those companies that have been deemed qualified through a government agency or by Avisare to compete and be awarded on a sole basis for projects greater than $99 million. “Client accounts” are local or federal government entities, private utility companies, higher education institutions or Fortune 1,000 companies looking to subcontract with small businesses.
A subset of data shared on your public profile can be viewed by all Members including small business Members. Small business Members will not have access to see your Contacts, Capabilities or Clients tabs of your profile.
Private Profile
Data shared from your private profile is business sensitive information you choose to store in your account for the express purpose of pre-populating this information when you choose to access certain third party services. In order to use this data to prepopulate certain services, you must request the data to be shared for each service by clicking on “start,” “share,” or similar function each time you want to access the sharing feature of the Service.
Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., message content to your addressees, restricting your public profile visibility from search engines, or opting not to receive messages from other small business Members).
We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
Automated Processing
In addition to the sharing features enabled above, we may use the information and data that you provide and that we have about Members and Clients to make recommendations for contract opportunities, content, and events that may be useful to you. For example, we may use data and information about you and your company to recommend RFx, contract and grant opportunities to you and you to Clients as well as other small businesses that may want to hire you or partner with you on opportunities. Keeping your profile accurate and up-to-date helps us to make these recommendations more accurate and relevant.
3.1 Your License to Avisare
As between you and Avisare, you own the Content that you submit or post to the Services, and you agree that:
Reviews and Testimonials
The Services may give you the opportunity to submit reviews or testimonials regarding other Members. Any such reviews or testimonials will be deemed your Content and are subject to the additional terms below:
You and Avisare agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding our Services to Avisare, you agree that Avisare can use and share (but does not have to) such feedback for any purpose without compensation to you.
You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. Avisare may be required by law to remove certain information or content in certain countries.
3.2 Service Availability
We may change or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you’ve posted or has been made available previously. You are solely responsible for creating and maintaining an up to date backup of all Content you submit.
Avisare is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.
3.3 Other Content
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Avisare generally does not review content provided by our Members or others. Avisare does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service.
You acknowledge that Avisare simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by other Members in response to Content. You understand that all Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Avisare does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content.
You further acknowledge that Avisare has no obligation to screen, preview, monitor or approve any Content you post, or Content posted or submitted by any other Member. However, Avisare reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Contract. By using the Service, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks in associating with the use, accuracy, usefulness, completeness or appropriateness of any Content that you submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will Avisare be liable in any way for any Content, including, but not limited to, any Content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against Avisare relating to Content, and release Avisare from any and all liability for or relating to any Content.
You may, however, report Content that you believe violates this Contract or is otherwise unlawful by sending an email to support@avisare.com. Please note that you may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, we recommend seeking advice of an attorney.You agree that Avisare may establish general practices, policies and limits, which may or may not be published, concerning the use of the Services, including without limitation, the time that reviews, testimonials, and ratings will be retained, the maximum number of reviews, testimonials, and ratings that may be sent from an account, the length of reviews, testimonials and ratings sent, and the maximum number of times and the maximum duration for which you may access the Services in a given period of time. You agree that Avisare has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Services. You agree that Avisare has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
3.4 Third Party Content and Services
Avisare does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through, any third party, including without limitation all other Members. You agree that should you use or rely on such Content, data, advertisement, products, goods or services, available or unavailable from, or through any third party, Avisare is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, sharing of information with, or participation in promotions of any third party, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such third party exclusively and do not involve Avisare. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging third parties.
Third parties, including without limitation other Members, may link or otherwise direct Internet users to our Services for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third party websites. Avisare does not control or operate any such third party websites. Any information you provide to these third party websites while on these third party websites is subject to the respective policies of those third parties, and not Avisare’s policies. It is your responsibility to review such third party policies, including any relevant privacy policies. You agree that Avisare will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. Avisare does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party sites. You use these third party websites at your own risk.
You agree that Avisare is not responsible for the accessibility or unavailability of any Member or other third party or for your interactions and dealings with them, and You hereby waive the right to bring or assert any claim against Avisare relating to any interactions or dealings with any Member or other third party and release Avisare from any and all liability for or relating to any interactions or dealings therewith.
Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties found on or through the use of the Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that Avisare shall not be responsible or liable, directly or indirectly, 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 third parties on the Avisare Services.
3.5 SMB Services and other Linked Services
In addition to the above, Avisare may from time to time recommend or make available to Members information regarding companies whose services benefit the general population of small business members such as small business-friendly financial institutions (including banks, lenders and financial service providers), bonding providers, government capacity-building readiness programs, etc. (“SMB Services”). The Services may enable Members to share information if they choose with these third-party SMB Services.
You are responsible for deciding if you want to access or use such SMB Services or other third-party services or sites that link from our Services. If you elect to share your information with a third-party service or site via the Services, you agree you are engaging with a third party directly and sending information as elected in such feature use. Third-party services and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, Avisare is not responsible for these other services, sites and apps – use these at your own risk. Please see our Privacy Policy.
3.6 Intellectual Property Rights
Avisare reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Avisare logos and other Avisare trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of Avisare.
4.1 Warranties and Disclaimers
YOU ACCESS AND USE THE SERVICES AT YOUR OWN RISK. TO THE EXTENT ALLOWED UNDER LAW, AVISARE AND ITS AFFILIATES (AND THOSE THAT AVISARE WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OR AS A DIRECT RELATIONSHIP MADE THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, (E) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED AND (F) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
NEITHER AVISARE NOR ITS AFFILIATES (AND THOSE THAT AVISARE WORKS WITH TO PROVIDE THE SERVICES), EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF AVISARE, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUROUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SERVICES. IN NO EVENT WILL AVISARE OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES (AND THOSE THAT AVISARE WORKS WITH TO PROVIDE THE SERVICES), AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL AVISARE OR ANY OF ITS AFFILIATES (AND THOSE THAT AVISARE WORKS WITH TO PROVIDE THE SERVICES), AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SERVICES.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
4.2 Exclusion of Liability
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS AVISARE HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), AVISARE AND ITS AFFILIATES (AND THOSE THAT AVISARE WORKS WITH TO PROVIDE THE SERVICES), EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWNTIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF AVISARE AND ITS AFFILIATES (AND THOSE THAT AVISARE WORKS WITH TO PROVIDE THE SERVICES), EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) TWO AND A HALF TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $1000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND AVISARE AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF AVISARE OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
4.3 Indemnity
You agree to indemnify, defend and hold harmless Avisare, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Contract by you; (b) the inaccurate or untruthful Content or other information provided by you to Avisare or that you submit, transmit or otherwise make available through the Sites and Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. Avisare will have sole control of the defense of any such damage or claim.
Avisare may limit or terminate your privilege to use or access the Services immediately and without notice for any reason whatsoever. You may terminate your use of Services by ceasing to use the Services and terminate your account by email to us at support@avisare.com or go to Settings to close your account.
Upon such termination, you must immediately cease accessing or using the Services and agree not to access or make use of, or attempt to use, the Services. Furthermore, you acknowledge that Avisare reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Services. You understand that Avisare may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Avisare.
All provisions of this Contract which by their nature should survive termination shall survive the termination of your access to the Services, including, without limitation, the provision regarding ownership, licenses, warranty disclaimers, indemnity, and limitations of liability.
You and Avisare agree that the laws of the State of California, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and Avisare both agree that all claims and disputes can be litigated only in the federal or state courts in Los Angeles County, California, USA, and you and Avisare each agree to personal jurisdiction in those courts.
If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Contract, that does not mean that Avisare has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that Avisare may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
You agree that the only way to provide us legal notice is at the addresses provided in Section 11.
You understand that the content in each report or record on Avisare has significant value to Avisare and that the damage caused to Avisare for any violation of this Contract pertaining to a report or record will be difficult to accurately estimate. Thus you shall be liable to pay us the following amounts as liquidated damages, and you agree that the liquidated damages are a reasonable estimate of Avisare’s damages for the specified breaches of this Contract:
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner's agent and find any content on the Services that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”). To do so, please provide our DMCA/Copyright Agent with the following information in writing: (i) A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work(s) claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material; (iv) Your contact information, including an address, telephone number and, if available, an e-mail address; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Contact information for Avisare’s Copyright Agent for notice of claims of copyright infringement is as follows: copyright@avisare.com.
Avisare Corp
Attn: Copyright
525 S Hewitt St
Los Angeles, CA 90013
This Contract and other agreements, rules, and policies incorporated by reference to these Terms including, without limitation, the Privacy Policy, constitute the entire agreement between you and Avisare. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Avisare regarding the subject matter contained in this Contract. Additional terms and conditions may exist between you and third parties, including but not limited to, government entities, service providers and others. You represent and warrant that those third-party agreements do not interfere with your obligations and duties to Avisare under this Contract. In the event that any provision of the Agreement is deemed or declared void, voidable, invalid or unenforceable by a court of competent jurisdiction, that portion of the Agreement will be deemed canceled and the remaining provisions hereof will continue in full force and affect.
If you have any comments or questions regarding this Contract, or wish to report any violation of these Terms, please contact us at support@avisare.com. We will address any issue to the best of our abilities. If you are providing us written notice of any claim hereunder you must email support@avisare.com. You may also reach us by mail at:
Avisare Corp
525 S Hewitt St
Los Angeles, CA 90013