DISCLAIMER AND WAIVER OF LIABILITY
TERMS OF USE:
BY USING THIS ON-LINE BIDDING SERVICE, YOU AGREE AS FOLLOWS:
YOU EXPRESSLY ASSUME ALL RISK ASSOCIATED WITH THE USE OF THIS
SERVICE. YOU ARE SOLELY RESPONSIBLE FOR ANY INFORMATION OR
CONTENT YOU TRANSMIT THROUGH THE UNITED CLOUD
COMPUTING SOLUTIONS, INC. ("UCCS") SERVICE. YOU ARE
RESPONSIBLE FOR VERIFYING THE ACCURACY OF ALL INFORMATION
YOU SUBMIT USING THIS SERVICE, INCLUDING THAT OF ALL
DOCUMENTS YOU MAY UPLOAD IN SUPPORT OF YOUR BID. YOU ARE
RESPONSIBLE TO ELECTRONICALLY VERIFY YOUR BID BOND. YOU ARE
RESPONSIBLE FOR SAFEGUARDING YOUR USER IDENTIFICATION,
PASSWORD, PIN AND BID KEY TO PREVENT UNAUTHORIZED ACCESS TO
YOUR BID INFORMATION.
UCCS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
THAT THE SERVICE IS MERCHANTABLE OR FIT FOR A PARTICULAR
PURPOSE. THE UCCS ON-LINE BIDDING SERVICE IS PROVIDED AS-IS,
WITH ALL FAULTS. NO WARRANTY OR GUARANTY IS MADE THAT
SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED. UCCS MAKES NO
WARRANTIES OR REPRESENTATIONS THAT THE UCCS SITE IS SECURE,
OR IS FREE FROM BUGS, VIRUSES, ERROR OR OTHER PROGRAM
LIMITATIONS, INCLUDING BUT NOT LIMITED TO, ACCURATE OR
UPDATED THIRD PARTY CONTENT. UCCS MAKES NO REPRESENTATION
OR GUARANTY THAT ITS SECURITY PROCEDURES WILL PREVENT THE
LOSS OF, ALTERATION OF OR IMPROPER ACCESS TO YOUR DATA. UCCS
IS NOT RESPONSIBLE FOR ANY TRANSMISSION ERRORS IN,
CORRUPTION OF, OR THE SECURITY OF YOUR INFORMATION CARRIED
OVER TELECOMMUNICATIONS CARRIERS'' OR OTHER PROVIDERS''
FACILITIES. UNDER NO CIRCUMSTANCES WILL UCCS BE RESPONSIBLE
FOR THE INFORMATION AND DATA CONTENT THAT YOU OR OTHERS
TRANSMIT THROUGH THIS ON-LINE SERVICE.
IN NO EVENT ARE UCCS OR ITS AFFILIATES, CONTRACTORS, SERVICE
PROVIDERS, EMPLOYEES OR AGENTS LIABLE TO YOU OR ANY THIRD
PARTY USING YOUR ACCOUNT FOR ANY DIRECT, SPECIAL, INDIRECT,
CONSEQUENTIAL OR INCIDENTAL DAMAGES INCURRED IN
CONNECTION WITH THE USE OR THE INABILITY TO USE THE SERVICE,
OR OUT OF ANY BREACH OF A REPRESENTATION OR WARRANTY,
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE
OF ACTION, EVEN IF UCCS HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE OR LOSS. YOU AGREE TO HOLD UCCS, ITS AFFILIATES,
CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES OF AGENTS
HARMLESS FOR ANY LOSS OR CLAIM (INCLUDING ATTORNEYS FEES
AND COSTS) INCURRED OR SUFFERED BY UCCS RELATED TO YOUR USE
OF THE UCCS BIDDING PROCESS.
TO THE EXTENT THAT A COUNTY OR CITY''S DISCLAIMER AND
WAIVER OF LIABILITY TERMS CONFLICT WITH THE TERMS AND
CONDITIONS OF UCCS''S DISCLAIMER AND WAIVER OF LIABILITY,
THE TERMS AND CONDITIONS OF UCCS''S DISCLAIMER AND WAIVER
OF LIABILITY, APPLICABLE TO ALL USERS AS SET FORTH ABOVE,
SHALL CONTROL.
THE TERMS OF THIS AGREEMENT ARE GOVERNED BY THE LAWS OF
THE STATE OF MINNESOTA. ANY PROCEEDING TO ENFORCE OR
CONSTRUE THE TERMS OF THIS AGREEMENT SHALL BE BROUGHT IN
MINNESOTA DISTRICT COURT AND SHALL BE VENUED IN THE COUNTY
OF MORRISON.