OTHERWISE USING THIS SITE, YOU AGREE TO BE BOUND
Effective Date: January 1, 2009; amended February 22, 2012
for a listing of material changes to this Agreement and their effective dates.
The parties to this Agreement are you, and the owner and operator of this
gettingcontractsdone.com website, Mitratech Holdings, Inc. ("Mitratech"). All references to
"we", "us", "our",this "website" or this "site" shall be construed to mean this website and Mitratech.
2. Modification of Agreement.
We reserve the right to modify this Agreement at any time, and without prior notice, by
on this site's home page. Your continued use of this site indicates your acceptance of the
amended Agreement. You should check this Agreement through this link periodically for
modifications by clicking on the link provided near the top of the Agreement for a listing
of material changes and their effective dates.
3. Separate Agreements.
You may acquire products, services and/or content from this site, and your purchase
and/or use of such products, services and/or content will be governed by these Terms of
Use and/or by any separate written agreement signed by the parties and/or separate
agreement originating from this site. In the event of conflict between these Terms of
Use and a separate written agreement signed by the parties, the separate written
agreement shall govern.
4. License And Restrictions.
non-exclusive, revocable, non-transferable, worldwide rights to use the public areas of this
site, only for your own internal purposes. You agree not to access (or attempt to access)
this site by any means other than through the interface we provide, unless you have been
specifically allowed to do so in a separate agreement. You agree not to access (or attempt
to access) this site through any automated means (including use of scripts or web
crawlers), and you agree to comply with the instructions set out in any robots.txt file
present on this site. You are not authorized to (i) resell, sublicense, transfer, assign, or
distribute the site, its services or content; (ii) modify or make derivative works based on
the site, its services or content; (iii) except for linking to this site's home page, create
Internet links to the site, its services or content, or (iv) "frame" or "mirror" the site, its
services or content on any other server or Internet-enabled device. All rights not expressly
granted in this Agreement are reserved by us and our licensors.
4.1 User Accounts. You must provide your legal full name, a valid email address, and any
other information requested in order to complete the signup process. Your login may only
be used by one person – a single login shared by multiple people is not permitted. You
may create separate logins for as many people as you'd like. You are responsible for
maintaining the security of your account and password. Mitratech cannot and will not be
liable for any loss or damage from your failure to comply with this security obligation. If
you are using a free account you are not permitted to block ads. One person or legal entity
may not maintain more than one free account.
4.2 API Terms. Customers may access their GettingContractsDone account data via an
API (Application Program Interface). Any use of the API, including use of the API through
a third-party product that accesses GettingContractsDone, is bound by the terms of this
agreement plus the following specific terms: (1) You expressly understand and agree that
Mitratech 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 Mitratech has been advised of the possibility of such
damages), resulting from your use of the API or third-party products that access data via
the API. (2) Abuse or excessively frequent requests to GettingContractsDone via the API
may result in the temporary or permanent suspension of your account's access to the API.
Mitratech, in its sole discretion, will determine abuse or excessive usage of the API.
Mitratech will make a reasonable attempt via email to warn the account owner prior to
suspension. (3) Mitratech reserves the right at any time to modify or discontinue,
temporarily or permanently, your access to the API (or any part thereof) with or without notice.
4.3 Support. Technical support is only provided to paying account holders and is only
available via email. You understand that Mitratech uses third party vendors and hosting
partners to provide the necessary hardware, software, networking, storage, and related
technology required to run the Service. You must not modify, adapt or hack the Service
or modify another website so as to falsely imply that it is associated with the Service,
Mitratech, or any other Mitratech service.
4.4 Access Conditioned on Payment. After expiration or termination of any free trial
period offered by us or our representatives, your continuing access to the system will be
or otherwise agreed between us in writing (which writing may include email or other electronic
transmissions). If you fail to remit payment when due, we may block your access to the site,
in our discretion, until payment is received.
4.5 Termination; Retrieval and Deletion of Data Either you or we may terminate this
agreement at any time upon 24-hours written notice to the other party; provided, that in the
event of termination by you, no refund will be paid by us to you for any unused period of
service; further provided, that in the event of termination by us, you will have a period of
sixty days immediately following termination to download or otherwise retrieve any and
all data uploaded to the site or created by you on the site, and we will cooperate with you
and assist you in retrieving such data, which assistance may include delivery of physical
media containing your data. If you request our assistance in retrieving your data, we may
charge you reasonable fees for such assistance in amounts necessary to offset any costs and
expenses we incur as a result. Upon termination by either party, you may request in writing
at any time that we delete all of your data (including all files uploaded by you) from our
servers and other storage and backup devices. If you request that we delete your data, we
will take all reasonable measures to delete your data within thirty days of the receipt of the request.
5. Posting To This Site.
We will not treat information that you post to areas of this site that are viewable by others
(for example, to a forum or chat-room) as proprietary, private, or confidential. We have no
obligation to monitor posts to this site or to exercise any editorial control over such posts;
however, we reserve the right to review such posts and to remove any material that, in our
judgment, is not appropriate. Posting, transmitting, promoting, using,distributing or storing
content that could subject us to any legal liability, whether in tort or otherwise, or that is in
violation of any applicable law or regulation, or otherwise contrary to commonly accepted
community standards, is prohibited, including without limitation information and material
protected by copyright, trademark, trade secret, nondisclosure or confidentiality
agreements, or other intellectual property rights, and material that is obscene, defamatory,
constitutes a threat, or violates export control laws.
6.Defamation; Communications Decency Act Notice.
This site is a provider of "interactive computer services" under the Communications
Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other
claims arising out of any postings to this site by third parties is limited as described therein.
We are not responsible for content or any other information posted to this site by third
parties. We neither warrant the accuracy of such postings or exercise any editorial control
over such posts, nor do we assume any legal obligation for editorial control of content
posted by third parties or liability in connection with such postings, including any
responsibility or liability for investigating or verifying the accuracy of any content
or any other information contained in such postings.
We reserve the right, but not the obligation, to monitor your access and use of this site
without notification to you. We may record or log your use in a manner as set out in our
8. USA FREEDOM Act Notice.
The U.S. federal USA FREEDOM Act ("USA FREEDOM Act") provides generally for
the operator of a communication host and law enforcement to be able to monitor any
content, upon request of the operator. We anticipate fully complying with all our
obligations, and availing ourselves of all our rights, under the USA FREEDOM Act.
9. Separate Agreements.
You may acquire products, services and/or content from this site, and your purchase and/or
by any separate written agreement signed by the parties and/or separate agreement
originating from this site.
10.1 Ownership of the Site. The material provided by us on this site is protected by law,
including, but not limited to, United States copyright law and international treaties. The
copyright in the content of this site is owned by us or others. Except for the limited rights
granted above, all other rights are reserved.
10.2 Ownership of Your Data We do not claim ownership of any data entered by you
on the site, including any files uploaded by you to the site. By creating data or uploading
files or creating links in your data to other web sites or files, you represent to us that in
doing so you are not violating any copyright or other legal property interest of any other
person; you further represent to us that in doing so you are not violating the copyright or
other laws of any jurisdiction to which such data may be subject. The foregoing
notwithstanding, upon termination we will have the right, in our sole discretion, to delete
or otherwise destroy your data residing on our servers, backup and storage devices in
11. DMCA Notice.
This site is an Internet "service provider" under the Digital Millennium Copyright
Act, 17 U.S.C. Section 512 ("DMCA"). As required by the DMCA, this site maintains
specific contact information provided below, including an e-mail address, for
notifications of claimed infringement regarding materials posted to this site. All notices
should be addressed to the contact person specified below (our agent for notice of claimed
Notification of Claimed Infringement:
Mitratech Holdings, Inc.
5001 Plaza on the Lake, Suite 111
Austin, TX 78746
Agent's Name: DMCA Agent c/o Legal
You may contact our agent for notice of claimed infringement specified above with
complaints regarding allegedly infringing posted material and we will investigate those
complaints. If the posted material is believed in good faith by us to violate any applicable
law, we will remove or disable access to any such material, and we will notify the posting
party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the DMCA requires that you include the
following information: (i) description of the copyrighted work that is the subject of claimed
infringement; (ii) description of the infringing material and information sufficient to
permit us to locate the alleged material; (iii) contact information for you, including your
address, telephone number and/or e-mail address; (iv) a statement by you that you have a
good faith belief that the material in the manner complained of is not authorized by the
copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed
under penalty of perjury, that the information in the notification is accurate and that you
have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a
physical or electronic signature of the copyright owner or a person authorized to act on the
copyright owner's behalf. Failure to include all of the above- listed information may result
in the delay of the processing of your complaint.
12. Warranty Disclaimer.
EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS
SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON
THIS SITE ARE PROVIDED "AS-IS", AND NEITHER WE NOR ANY OF OUR
LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT
TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE
PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE
PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS
SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST
EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR
IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR
CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS,
TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY
PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT
OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR
CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE
OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE,
SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,
OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS
DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE
IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. IF IMPLIED
WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN
ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD
REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST,
SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Limitation of Liability.
IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO
ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY,
INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND
(INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC
ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS
SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION,
INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS
SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
14. Links to This Site.
We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to the
home page of this site provided that the link does not portray us or our products or services
in a false, misleading, derogatory, or offensive matter. You may not use any logo,
trademark, or tradename that may be displayed on this site or other proprietary graphic
image in the link without our prior written consent.
15. Links to Third Party Websites.
We do not review or control third party websites that link to or from this site, and we are
not responsible for their content, and do not represent that their content is accurate or
appropriate. Your use of any third party site is on your own initiative and at your own risk,
16. Participation In Promotions of Advertisers.
You may enter into correspondence with or participate in promotions of advertisers
promoting their products, services or content on this site. Any such correspondence or
participation, including the delivery of and the payment for products, services or content,
are solely between you and each such advertiser.
17. Consumer Rights Information; California Civil Code Section 1789.3.
If this site charges for services, products, content, or information provided to consumers,
pricing information will be posted as part of the ordering process for this site. We
maintain specific contact information including an e-mail address for notifications of
complaints and for inquiries regarding pricing policies in accordance with California
Civil Code Section 1789.3. All correspondence should be addressed to our agent for
notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
Mitratech Holdings, Inc.5001 Plaza on the
Lake, Suite 111 Austin, TX 78746
You may contact us with complaints and inquiries regarding pricing and we will investigate
those matters and respond to the inquiries.
The Complaint Assistance Unit of the Division of Consumer Services of the Department
of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento,
CA 95814, or by telephone at 1-916-445-1254.
Except for actions to protect intellectual property rights and to enforce an arbitrator’s
decision hereunder, all disputes, controversies, or claims arising out of or relating to this
Agreement or a breach thereof shall be submitted to and finally resolved by arbitration
under the rules of the American Arbitration Association ("AAA") then in effect. There shall
be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in
accordance with AAA rules. The arbitration shall take place in Houston, Texas, and may
be conducted by telephone or online. The arbitrator shall apply the laws of the State of
Texas, USA to all issues in dispute. The controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in any arbitration with any claim or
controversy of any other party. The findings of the arbitrator shall be final and binding on
the parties, and may be entered in any court of competent jurisdiction for enforcement.
Enforcements of any award or judgment shall be governed by the United Nations
Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should
either party file an action contrary to this provision, the other party may recover attorney's
fees and costs up to $1000.00.
19. Jurisdiction And Venue.
The courts of Travis County in the State of Texas, USA and the nearest U.S. District Court
shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated
20. Controlling Law.
This Agreement shall be construed under the laws of the State of Texas, USA, excluding
rules regarding conflicts of law. The application the United Nations Convention of
Contracts for the International Sale of Goods is expressly excluded.
21. Intended For Use Only Within The United States.
This site is intended for use only from within the United States. We do not represent that
this site is appropriate for use elsewhere. Access to this site from locations where its
contents are illegal is not authorized.
22. Onward Transfer of Personal Information Outside Your Country of Residence.
Any personal information which we may collect on this site will be stored and processed
in our servers located only in the United States. If you reside outside the United States, you
consent to the transfer of personal information outside your country of residence to the
23. Force Majeure.
We shall not be liable for damages for any delay or failure of delivery arising out of causes
beyond their reasonable control and without their fault or negligence, including, but not
limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes,
Internet disruptions, hacker attacks, or communications failures.
"Confidential Information" includes any information of either party regarding contracts,
plans, statistics, marketing and promotional plans, codes, competitive processes, software
systems, software programs, access to the Web Services, marketing and promotional plans,
database records, information pertaining to publishing plans, business procedures or
processes, physical or technical architecture, and financial information or budget figures
whether projected or actual. Confidential Information also includes any information that
either party knew or reasonably should have known that the non-disclosing party would like
to treat as confidential because it has independent value from not being released to the public
or because its release to any portion of the public has the potential to damage a competitive
position or otherwise cause harm to the non-disclosing party and/or one or more of its
affiliates. The provisions in this paragraph apply whether the Confidential Information is
tangible or intangible and irrespective of whether the disclosure was written or verbal.
Furthermore, the provisions in this Section apply regardless of the ownership of such
information and whether or not such information is directly or indirectly disclosed. The
receiving party: (i) shall not use or disclose the Confidential Information of the disclosing
party; (ii) shall not disassemble, "reverse engineer," "reverse compile," or analyze the inputs
including without limitation, attempting to ascertain or deduce the functionality or workings
of the software; and (iii) shall undertake commercially reasonable efforts to protect the
confidentiality of the disclosing party’s Confidential Information. Information will not be
deemed Confidential Information hereunder if such information: (i) is known to the
receiving party prior to receipt from the disclosing party, whether directly or indirectly, from
a source other than one having an obligation of confidentiality to the disclosing party; (ii)
becomes known (independently of disclosure by the disclosing party) to the receiving party,
whether directly or indirectly, from a source other than one having an obligation of
confidentiality to the disclosing party; (iii) becomes publicly known or otherwise ceases to
be secret or confidential, except through a breach of these Term of Use by the receiving
party; or (iv) is independently developed by the receiving party.
Section 3.4, Access Conditioned on Payment, has been added.
Section 3.5, Termination; Retrieval and Deletion of Data, has been added.
Article 9, Ownership, has been replaced by Section 9.1, Ownership of the Site. Section
9.2, Ownership of Your Data, has been added.
All references to Bridgeway Software, Inc. ("Bridgeway") have been changed to
Mitratech Holdings, Inc. ("Mitratech").
Section 3, Separate Agreements, has been added.
Section 8, USA FREEDOM ACT, has been changed from the previous USA Patriot Act.
Section 11, DMAC Notice, name and address of notice has been updated.
Section 17, Consumer Rights Information; California Civil Code Section 1789.3, name
and address of notice has been updated.
Section 19, Jurisdiction and Venue, Harris County has been replaced with
Section 25, Confidentiality, has been added.