Background
These Terms of Use ("Terms") apply to this Website (hereafter referred to as "the Site"), which is developed and managed by CRA International, Inc. d/b/a Charles River Associates ("CRA").
Disclaimer
The information provided in the Site has been prepared by CRA for use by parties interested in learning more about the Auctions & Competitive Bidding practice. The information presented and distributed here is subject to modification and/or amendment at any time and for any reason. The material presented and distributed here is for informational purposes.
Accurate information
By accessing this Site you represent that you will provide complete, accurate, and current information when submitting or responding to information requests on the Site. CRA may contact you to verify such information.
Access
The Site may not always be available for use. Maintenance, repairs, changes, updates, or outages to the Site may occur without notice.
Ownership
Unless otherwise indicated, either CRA or its client owns all proprietary and intellectual property rights in the Site (including text, graphics, logos, business names, trade names, icons, and sound and/or video recordings) and the software, as well as other material underlying and forming part of the Site. Without prior written permission, you may not, in any form or by any means:
- adapt, reproduce, copy, store, distribute, print, display, perform, publish, or create derivative works from any part of this Site; or
- commercialize, copy, or on-sell any information or items obtained from any part of this Site, unless explicitly allowed under these Terms.
Use of the site and termination of use
Use of the Site for any unlawful purpose is strictly prohibited. Without limiting any other rights and remedies available to CRA, CRA may limit your activities on the Site, remove your access to the Site, or refuse to provide any other services to you, if you breach these Terms, or where CRA considers it appropriate in its sole discretion.
No warranties
The Site’s contents are provided for informational purposes only. The Site does not purport to contain all the information that may be relevant or necessary for a visitor, a bidder, or a prospective bidder to make fully informed business decisions. Neither CRA nor its clients make any representation or warranty, expressed or implied, as to the accuracy or completeness of the information, and neither shall be liable for the accuracy or completeness of the information provided. A visitor or bidder should check the Site frequently to ensure it has the latest information including the latest documentation. Neither CRA nor its clients, nor any of their respective representatives, shall be liable to a user of this Site or to a participant in a CRA auction or trading event, or any of their representatives for any claims, losses or damages relating to or arising from the user’s or participant's use of or reliance on such information.
Exclusion of liability
CRA will use its reasonable endeavors to ensure the availability of the Site, subject to any downtime required for maintenance; however, CRA accepts no responsibility in connection with any Site unavailability or for any loss that is incurred as a result of the Site or any services contained on the Site being unavailable. Further, CRA assumes no responsibility for the corruption of any data or information held by CRA.
To the fullest extent allowed by law, neither CRA nor its clients, nor any of their respective officers, employees, advisors, or agents, accept any responsibility for, and shall not be responsible for, any loss or damage arising from or as a consequence of, use of, or reliance upon, any information, data or material contained on the Site. CRA and its clients expressly disclaim any liability which is based on your use of this Site or arises out of the information, data, or material contained on this Site.
Indemnity
By accessing the Site you indicate your agreement to fully indemnify, defend, and hold harmless CRA and its clients, and their respective officers, employees, advisors, agents, and suppliers from any liability, loss, claim and/or expense related to your breach of your obligations and responsibilities hereunder.
Security
CRA will use commercially reasonable efforts to keep your personal information secure in our files and systems. Please note that with current technology, we cannot guarantee the security of your data as the data travel over the Internet.
If you receive user-specific login information, you are responsible for keeping such information, including passwords, secret and secure. Without limiting the foregoing, you agree:
- not to permit any other person (other than one of your authorized representatives) to use your user name; and
- not to disclose, or provide to any other person (other than one of your authorized representatives), your password, or any other information in connection with your login status, that may allow them to gain access to the Site.
You agree that you will not damage, interfere with, or harm the Site, or any network or any system underlying or connected to the Site, and you agree that you will not attempt to do so.
Please refer to this Site’s Privacy Policy for information about how CRA gathers, uses, and protects information about visitors to this Site.
Force majeure
CRA has no liability for any lack of performance, unavailability, or failure of the Site, or any failure of CRA to comply with these Terms, where the same arises from any cause reasonably beyond the control of CRA.
Changes to these terms
These Terms may be amended, in whole or in part, by CRA from time to time at its discretion. Unless noted otherwise, amendments will be effective immediately upon posting the amended Terms on this Site. You are responsible for ensuring that you are familiar with the latest Terms. Your continued use of the Site indicates your agreement to be bound by the Terms as they may exist at the time of use.
General
CRA assumes no responsibility for sites linked to this Site. CRA provides links only as a convenience, and the inclusion of any link does not imply the endorsement, investigation, or verification by CRA or by its clients of the linked site.
Please note that if you link to a third-party site from the Site, any information you provide to that site and any use of that information by the third party are not under the control of CRA or its clients.
If any provision of these Terms becomes or is held to be invalid, unenforceable, or illegal for any reason, or in any respect, that provision shall be severed from the remaining Terms, which shall continue in full force and effect.
If CRA or its clients do not exercise or enforce any right available to them under these Terms, it does not constitute a waiver of those rights.
Those who access the Site from locations outside the United States are responsible for compliance with local laws. The laws of the Commonwealth of Massachusetts govern the Site and all who use it submit to the non-exclusive jurisdiction of the Courts of the Commonwealth of Massachusetts.