Last Modified February 2025

THE BELOW POLICY IS INTENDED SPECIFICALLY FOR USERS WHO DESIRE TO USE THE SERVICES TO SUBMIT BIDS TO OFFER CERTAIN CONTRACTOR SERVICES. IF YOU ARE ACCESSING THE WEBSITE AS ANY OTHER TYPE OF USER (INCLUDING AN END USER UNDER AN ENTERPRISE CUSTOMER AGREEMENT), THE TERMS OF USE AT https://sitetechnologies.io/terms/ APPLY TO YOU, AND YOU ARE AGREEING TO SUCH LINKED POLICY IF YOU CONTINUE TO USE THE SERVICES.

The below terms and conditions govern your access to and use of sitetechnologies.io and related sites and applications, including any content, functionality, and services offered on or through the same (collectively, and with any replacements thereof, the “Website”). The Website, along with any services and functionalities offered through the Website may collectively be referred to as “Services” herein.

Within this policy, “you” or “user” means a user of the Website, and “we”, “us”, “our” or “SITE” refers to SITE Technologies Inc., a Delaware corporation.

This Policy is specifically intended for Users who use and access the Website as a Contractor, as defined herein. The Services allow users to submit requests for bids for construction, other real estate improvement projects, engineering projects, and similar projects. “Contractors” are those users who desire to provide such services and may submit bids for the same. Users who are the owners of the properties or who otherwise request bids are “Owners” herein.

By using the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound by and to abide by these Terms of Use and our Privacy Policy, found at https://sitetechnologies.io/privacy/, incorporated herein by reference (together, the “Policy”). If you do not want to agree to the Policy at any time, you must not continue to access or use the Website.

1. Accounts. Users may be required to make an account to use certain Services we offer (each, an “Account”). If you create an Account as an agent for a business (such as for your employer), you represent and warrant that you have the right to create an Account for that business. You should not share your Account information with any third party. You are solely responsible for maintaining the accuracy of your Account information, as well as the confidentiality of any password you choose; you should not provide your Account information to any other person. Your Account may be used only by you personally, and you are fully responsible for all activities that occur under your Account.

2. Project Bid Information.
2.1. The Website provides only the opportunity for Contractors to connect with Owners. The terms of any relationship between Contractors and Owners are the responsibility of the applicable Contractor and Owner in each case. SITE does not provide any agreements for use between the parties, nor does the use of the Website imply a contract between the parties. Contractors are encouraged to enter into any agreement(s) with Owners in the same manner it may enter into agreement(s) with its other customers. You, as a Contractor, are solely responsible for the content of your bids and the services that you may ultimately provide to Owners or other third parties.

2.2. SITE is not a provider of construction, engineering, real estate improvement, or other contractor services; SITE does not and will not provide or assist in providing any contracting services. SITE does not guarantee payment from any Owner. SITE is not required to engage in the resolution of any conflicts between an Owner and Contractor that may raise related to the provision (or failure to provide) services or payment to each other.

2.3. If you submit a bid for a particular project, you represent that you are in possession of the necessary licenses in the appropriate territories to provide the services. It is not SITE’s responsibility to review or confirm your licensures; however, if we discover you do not have the necessary licenses to offer the services you have offered, we may terminate your Account. Further, you should only bid on projects you intend to accept on reasonable terms if your bid is selected; if we become aware that you are failing to engage in commercially reasonable discussions with Owners as to project bids that you win, we may terminate your Account.

3. General. We may revise and update this Policy from time to time in our sole discretion. All changes are effective immediately when we post them, or if required by law, when we provide notice to you of such changes. Such changes apply to all access to and use of the Services thereafter, and your continued use of the Services means that you accept and agree to the changes. We will send any notices and messages to you via the email address you provide to us when creating an Account, and you agree to keep your contact information up to date. You are also subject to any additional posted policies and rules related to specific Services and features which may be presented to you at the time of accessing and/or using such Services or features. All such policies are incorporated by reference into this Policy and made part of this Policy.

4. Provision of Services. We reserve the right to withdraw or amend any portion of our Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Services, to some or all Users.

5. Data Use.
5.1. During the period when an Owner is continuing to accept bids for a specific project, we will not share your bid information for that specific project, or any portion thereof, with other Contractors or with other Owners who did not place the request for bids.

5.2. We will provide your contact information to Owners when you submit bids for their projects, and they may contact you regarding the same. You acknowledge that SITE cannot control an Owner’s use of any data that you may include in a bid. In light of this, we advise you to limit the personally-identifiable information you include in your bids, as well as to limit the inclusion of proprietary information in your bid.

5.3. You agree that we may create de-identified and/or aggregated data sets based on or derived from all or any portion of the information included in your bids, and any other information you submit to or through the Platform (the “Aggregated Data”). SITE will be the owner of the Aggregated Data and may use it for any legal purpose deemed appropriate by SITE. Please note that once you agree to this Policy, including allowing us to create and use Aggregated Data as provided herein, you may not have the option to opt out of the use of data already provided to us for this purpose.

6. Use Restrictions. Users shall not (i) use the Services in any manner that damages, disables, overburdens, or impairs the Services, or interferes with any other party’s use of the Services, or in any other manner that is unlawful or prohibited by this policy; (ii) scrape information, data, or content made available through the Services, by any means, manually or through a software program; (iii) create an Account for anyone other than yourself, or give or allow anyone else access to your Account; (iv) access data of a third party through the Services not intended for you; (v) lease, distribute, license, transfer, sell, or otherwise commercially exploit the Services or your access to the same; or (vi) use the Services in any manner to engage in, or assist in engaging in, fraudulent or illegal activities. Further, to the extent that users are given the option to upload any content of any kind to the Services, users may only upload content that the user owns or has the right and license to use for the purposes of the Services; you represent and warrant that you will not upload any content to the Services if doing so could infringe the rights of any third party.

7. Access Limitations. The Services we offer to Contractors are offered only to persons aged 18 or older who are located in the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

8. Payments and Billing. Your Account may require that you make certain payments to SITE to access all or a portion of our Services. If that is the case, you agree to any payment terms presented to you at the time of making the Account (or at any other time you click through any payment terms). If such payment terms include recurring payments, you agree that we may save your payment method and bill you according to the provisions you have agreed to, without any further consent or invoicing. If you pay upfront for any period of time, we will not reimburse you for any unused portion of such period (unless other terms are presented to you at the time of acceptance) for any reason. You may terminate your Account at any time, with such termination taking effect immediately prior to the next billing date.

9. Intellectual Property. As between SITE and you, SITE owns all of the intellectual property rights related to and incorporated within the Services, including but not limited to, any software code incorporated therein and all content available through the Services. You agree you will not try to discover any software code, or reverse engineer any portion, of or relating to the Services. You will not attempt to copy or make derivative works of any content presented or provided on or through the Services. You agree that all of SITE’s trademarks, trade names, service marks, trade dress, and other SITE logos and brand features, and product and service names, are the property of SITE (the “SITE Marks”). You agree not to display or use in any manner the SITE Marks without prior written consent from SITE. All rights not expressly granted herein are fully reserved by SITE. You hereby agree to indemnify SITE from any third-party claims arising from your unauthorized use of content obtained on or through the Services.

10. Feedback. You agree that if you provide us any comments about the Services, and/or any suggested revisions, additions, ideas, or developments to the Services (collectively, “Feedback”), such Feedback shall be the sole and exclusive property of SITE, and you will have ‎no right, title or interest of any kind or nature therein or thereto, or in and to any ‎results and proceeds therefrom.

11. Suspension and Termination. You may terminate your use of the Services at any time by logging into your Account if you have one, and terminating your Account when such option is made available to you; otherwise, you may contact us at the email address set forth in this policy to terminate your Account, or reach out to info@sitetechnologies.io. SITE may, without prior notice, immediately terminate, suspend, or otherwise limit your access to or use of the Services, by terminating your Account or otherwise, including (i) if you share your Account or log-in information with another person; (ii) if you otherwise breach or violate this Policy, or (iii) upon request of a law enforcement agency or other governmental agency. We may terminate, suspend, or otherwise limit your access to the Services for any other reason or for no reason in our sole discretion. You agree that all terminations, limitations of access, and suspensions shall be made in SITE’s sole discretion and that SITE will not be liable to you for any termination of your Account or use of the Services.

12. Disclaimers.
12.1. SITE MAKES NO REPRESENTATIONS OR WARRANTIES TO YOU ABOUT THE SERVICES, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE SERVICES, OR ANY RESULTS RECEIVED OR ACHIEVED THROUGH THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. SITE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SITE MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL: MEET A USER’S OR ANY OTHER PERSON’S REQUIREMENTS; OPERATE WITHOUT INTERRUPTION OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; ACHIEVE ANY INTENDED RESULT; BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES; OR BE SECURE, ACCURATE, RELIABLE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. SITE FURTHER MAKES NO WARRANTY OF ANY KIND THAT ANY DEFECTS OR ERRORS OF THE SERVICES WILL BE CORRECTED, OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12.2. Without limiting the generality of Section 12.1, you acknowledge that the Services are a connection tool only; SITE does not warrant or guarantee that any number of your bid(s) will be selected or that Owners will engage you for any projects.

13. Waivers; Limitation of Liability.
13.1. UNDER NO CIRCUMSTANCES WILL SITE, INCLUDING ITS STOCKHOLDERS, MANAGERS, DIRECTORS, OFFICERS, REPRESENTATIVES, SUCCESSORS, HEIRS, ASSIGNS, ATTORNEYS, ACCOUNTANTS, AND AFFILIATES, BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, DATA DELETION, DATA CORRUPTION, OR LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, INTERRUPTION OF BUSINESS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, HOWEVER ARISING. SHOULD SITE BE FOUND LIABLE TO ANY USER UNDER ANY CLAIM OR CAUSE OF ACTION, EACH USER AGREES THAT IN ANY CASE, THE MAXIMUM AMOUNT OF DAMAGES THAT SITE MAY BE LIABLE FOR ARISING FROM THIS AGREEMENT OR THE USE OF THE WEBSITE OR SERVICES WILL NOT EXCEED $100.00. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF SUCH JURISDICTION.

13.2. WITHOUT LIMITING THE GENERALITY OF SECTION 13.1, CONTRACTOR HEREBY IRREVOCABLY WAIVES ANY CLAIMS AGAINST SITE RELATED TO OR ARISING FROM ANY RELATIONSHIP THAT CONTRACTOR MAY ENTER INTO WITH ANY OTHER USER OF THE WEBSITE, INCLUDING ANY SERVICES CONTRACTOR MAY PERFORM TO SUCH OTHER USER, INCLUDING ANY OWNER.

14. Indemnification. You agree to defend, indemnify, and hold harmless SITE, along with its affiliates, subsidiaries, parents, successors, assigns, officers, directors, employees, agents, and shareholders, from all liabilities, claims, demands, and expenses, including attorney’s fees, made by any third party that arise from or are related to (i) your use of the Services, (ii) your violation of this Policy, (iii) your violation of any rights or policies of another party, and/or (iv) services that you offer to provide, provides, or fail to provide to any party. SITE reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with SITE in asserting any available defenses.

15. Disputes; Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Illinois without giving effect to the conflicts or choice of law provisions thereof. Any action or proceeding seeking to enforce any provision of, or based upon any right arising out of, this Agreement shall be brought in any court of appropriate jurisdiction in Cook County, Illinois.

16. Waiver and Severability. No waiver by SITE of any term or condition set out in this Policy shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SITE to assert a right or provision under this Policy shall not constitute a waiver of such right or provision. If any provision of this Policy is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Policy will continue in full force and effect.

17. Comments and Concerns. We welcome our users to reach out with any questions about this Policy by using the following contact email: info@sitetechnologies.io.