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Electronic Bid Solicitation System (EBSS) - Conditions of Use



Disclaimer of Liability:
Sacramento Municipal Utility District (SMUD) assumes no responsibility for anyone's improper or incorrect use of SMUD web page information. In no event shall SMUD be held liable on any theory of liability for damages or injury of any type resulting from use of SMUD's system or web page information, even if advised of the possibility of such damage or injury. This disclaimer of liability applies to all claims for damages or injury, including, but not limited to: failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, or unauthorized access to or alteration of data, whether for breach of contract, tortious behavior, negligence or under any other cause of action.

Disclaimer of Warranties/Accuracy of Data/External Links/Duty to Continue:
Content on SMUD's web pages is produced from sources believed to be reliable. No warranty expressed or implied is made regarding: accuracy, adequacy, completeness, legality, reliability, merchantability, fitness for a particular purpose, freedom from contamination by computer viruses, or usefulness of any information. All warranties of any kind, express or implied, including, but not limited to, the implied warranties of non infringement of proprietary rights ARE DISCLAIMED. SMUD is not responsible for the contents of any off-site pages referenced from SMUD's web pages. SMUD is not liable for the defamatory, offensive, or illegal conduct of other users, links, or third parties and that the risk of damage or injury from the foregoing rests entirely with the user. SMUD, unless statutorily required, has no continuing obligation to provide information on its homepages. Content that is free and publicly available may one day be eliminated, restricted, or require a fee. The location of items may change as menus, homepages, and files are reorganized. SMUD does not warrant that the service will be uninterrupted or error free.

Disclaimer of Endorsement:
SMUD sometimes distributes data supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, are those of the respective author(s) or distributor(s) and not necessarily of SMUD. Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or preference by SMUD, and such reference shall not be used for advertising or product endorsement purposes.

Supplier Notices:
In an effort to increase responsible networking and subcontracting opportunities, this EBSS System enables suppliers to post notices on this website. Any personal attacks, slurs, profanity, political statements, or unfair business practices may result in the removal of the offending notice and the closing of the offender’s account. Such action is at the sole discretion of SMUD and/or it designates. Additionally, SMUD reserves the right to edit any and all content submitted for posting on its website. These notices have the potential to increase networking opportunities, but they do not take the place of any required advertisements in trade and/or focus publications. The appearance of these notices do not imply an endorsement of the businesses by SMUD.

Choice of Law:
Construction of the disclaimers above and resolution of disputes thereof are governed by the laws of the State of California.

ALL CONTENT AVAILABLE THROUGH THIS SMUD WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Your use of this SMUD website is at your own risk. SMUD will not be liable for the content or the accuracy of the information presented in this website; nor will it be liable for any direct, indirect, incidental, special or consequential damages that result from your use, or inability to use, this service, including but not limited to those that result from interruptions of email or fax services, errors, deletions of files, viruses or any failure of performance whether or not caused by acts of God. Some states do not permit the exclusion of special or consequential damages and in those states SMUD’s liability is limited to the fullest extent permitted by law.

If you have questions regarding this disclaimer, contact EBSS Help at EBSS-Help@smud.org.

Partnering Encouraged:
You can help encourage potential contractors and subcontractors to assist you in cooperative bidding efforts and meeting SMUD procurement participation goals. When you complete the Account Settings in your registration information, a “Yes” choice will help your potential partners by enabling the display of your contact information in the website’s list of registered suppliers for a solicitation. The contact information, in addition to the company name (always disclosed), includes the contact person's name, phone, city, state and email address.

Other Information that we provide:
To help you participate successfully in our solicitations, we provide you with solicitation related information including bid results and identification of successful bidders.

Lists of supplier contact information for suppliers that are sent notices of solicitations or that downloaded solicitations may be disclosed at the District's sole discretion. Solicitation results including all electronic bid response data and information may also be posted to this website and the connected pages. As a general rule, your contact information will not be given to outside entities, such as contractors, direct marketers, or other non-SMUD public or private sector organizations, except as described above, when we have your permission, or under special circumstances, such as when we believe in good faith that the law requires it or in the good faith belief that such action is necessary to (i) protect and defend the rights and property of SMUD and (ii) act in an emergency to protect the personal safety of our customers or the public.

Sending courtesy notices of new solicitations and addenda is a core function of the System. Regarding courtesy notices of solicitations and posted addenda to solicitations; note that this registration system initiates electronic courtesy notices to all suppliers that are registered for linked commodities and services for new solicitations and on the Bidder’s list (downloaded the specific solicitation documents) for addenda. Notwithstanding SMUD’s issuance of electronic courtesy notices and recognizing the potential for electronic transmissions to not reach the recipient, it is the Supplier’s sole responsibility to visit the website to initially become aware of solicitations and on and before the due date to assure that their responses to solicitations include any addenda that are posted thereto. Suppliers rely on receiving electronic courtesy notices at their own risk.