TERMS OF SERVICE AGREEMENT
The New York State Contract Reporter
Welcome!
The New York State Contract Reporter (“NYSCR” or “Contract Reporter”) is the official weekly newsletter, containing announcements of contracting opportunities in the estimated amount of $50,000 or more with State entities, including but not limited to agencies, departments, boards, bureaus, commissions (a majority of whose members are appointed by the Governor), divisions, councils, committees and public benefit corporations and public authorities (a majority of whose members are appointed by the Governor). The Contract Reporter also contains announcements for the State University of New York and the City University of New York for contracts of $50,000 or more.
Scope and Intent
This service is provided by Cogent Technologies, Inc., on behalf of the New York State Department of Economic Development, to Registered Users only. As part of our service, we agree to provide you with information subject to the terms of these Terms of Service Agreement. Upon notice published through the service, we may amend or modify these Terms of Service at any time. You agree that by registering with the Contract Reporter that you are entering into a legally binding agreement under which you agree to use the service in accordance with the Terms of Service Agreement.
This site is maintained and operated by Cogent Technologies, Inc. This site contains material that is protected by international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this site including code and software. You may download material from this site for your private, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
Reference to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, within the Contract Reporter does not necessarily constitute or imply its endorsement, recommendation, or favoring by the Contract Reporter, Department of Economic Development, or the State of New York.
Neither the New York State Department of Economic Development, the New York State Contract Reporter, nor any agency, officer, or employee of the State of New York warrants the accuracy, reliability or timeliness of any information published on the Contract Reporter, nor endorses any content, viewpoints, products, or services linked from this system, and shall not be held liable for any losses caused by reliance on the accuracy, reliability or timeliness of such information. Portions of such information may be incorrect or not current. Any person or entity that relies on any information obtained from this system does so at their own risk. Inquiries of a general nature may be made via email to the Contract Reporter.
Links to Third Party Sites
The Contract Reporter may link to other web sites. These include links to web sites operated by other entities, including but not limited to, government agencies, nonprofit organizations and private businesses and/or individuals. When you link to another site, you are no longer on the Contract Reporter and this Privacy Notice will not apply. When you link to another web site, you are subject to any privacy policies and/or terms of use for that new site.
YOUR OBLIGATIONS
Applicable Laws and this Agreement
The Registered User (“you”) must comply with all applicable laws and this Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in this Agreement.
Acceptable Use
Do not misuse services provided by the Contract Reporter (“our services”). You may access and use our services only as permitted by law. The Contract Reporter is to be accessed by you in an interactive manner using a web browser. It is not to be accessed in an automated or pre-programmed manner by any hardware or software device, program, routine or script that accesses the material in a bulk manner bypassing the interactive controls built into the site. You may not place a disproportionately large data or processing load on the Contract Reporter hardware, software or other infrastructure. We may suspend or stop providing our services to you if you do not comply with the terms or policies of our services or if our investigations identify any misconduct.
Using the Contract Reporter does not give you ownership of any intellectual property rights in our service or the content you access, except content you provide. These terms do not grant you the right to use any branding or logos used in the Contract Reporter. Do not remove, obscure, or alter any legal notices displayed in or along with our website.
Registration and Security
To become a Registered User, you must create a username and select a case sensitive password. You must also provide a valid email address to allow us to contact you with any messages, notices, or updates related to our services. You agree to provide the Contract Reporter with accurate, complete, and updated registration information. You also agree to annually update registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account.
You agree to the following terms upon registration:
- You will not provide any false information on the Contract Reporter, or create an account for anyone other than yourself/ your business entity without permission.
- You are permitted registration and access to one account.
- If the Contract Reporter disables your account, you agree not to create or attempt to create another account without the Contract Reporter's explicit and written permission.
- You agree to keep contact information accurate and up-to-date.
- You will not share your password, let anyone else access or use your account, or conduct any activity or do anything else that might jeopardize the security or integrity of your account.
- You will not transfer your account to anyone.
You agree to immediately notify the Contract Reporter of any known or suspected unauthorized use of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You will be responsible for maintaining the confidentiality of your account password. You will never be asked to reveal your password to any representative or agent of the Contract Reporter, its owners or agents.
You are responsible for all usage or activity on the Contract Reporter account, including any use of the account by any third party, whether or not you authorized such use. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of the account, at the Department of Economic Development’s sole discretion, and you may be referred to appropriate law enforcement agencies. Any unauthorized access to this system is prohibited and is subject to criminal and civil penalties under Federal, State and local laws.
Sharing Your Content and Information
As a Registered User, you own all of the content and information you post on the Contract Reporter. For content that is covered by intellectual property rights (“IP content”), you specifically give us the following permission: you grant the Contract Reporter a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, manage, edit, or handle any IP content that you post on the Contract Reporter (“IP License”).
You must follow any policies for any services made available to you on the Contract Reporter.
Software Licenses
You will have no rights to, and no license is hereby granted to you by Cogent Technologies, Inc. or the Department of Economic Development for any proprietary software and related documentation, or any related enhancements or modifications, provided to you to access the Contract Reporter. You may not copy, sell, edit, distribute, modify, reverse engineer, or create derivative works from any software used to create, use or manage the Contract Reporter.
OUR OBLIGATIONS
Limitation of liability
Under no circumstances, including but not limited to, negligence, shall Cogent Technologies, Inc., New York State or its agencies, instrumentalities, or their directors, officers, or employees, including the Department of Economic Development, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Contract Reporter or any reliance thereupon. The information contained therein is subject to typographical error. Information contained in this publication is intended only as notification of available bidding and contracting opportunities. The State of New York reserves all rights in connection with the Contract Reporter and the duplication of its contents, without the express written consent of the New York State Department of Economic Development, is prohibited.
If you are dissatisfied with the Contract Reporter, or with any of the Contract Reporter's terms and conditions, your sole and exclusive remedy is to discontinue using the Contract Reporter.
Privacy
The Contract Reporter, Cogent Technologies, Inc. and/or the New York State Department of Economic Development reserve the right to send electronic mail to you. This information will not be provided to third party vendors. This policy reflects procedures of the Department of Economic Development.
NYS Freedom of Information Law (FOIL)
All information collected at this site becomes a public record unless an exemption in law exists. Information reported to the Contract Reporter is subject to New York's public records law Sections 87-89 of the Public Officers Law, and may be made available on our web site and to other parties upon request.
Termination
Cogent Technologies, Inc., or the New York State Department of Economic Development may, in its sole discretion, terminate or suspend your access to all or part of the Contract Reporter service for reasons, including, without limitation, breach of the account agreement.
Acceptance
Upon registration, access to or use of the Contract Reporter, you acknowledge your acceptance to the above stated Terms of Service and agree to be bound by them.
Please read the Policies & Disclaimers page of this web site. Contact Us at the website with your Contract Reporter questions, comments, and suggestions.
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