California Public Works Construction Planroom

Terms of Service

Conditions

BidAmerica Terms and Conditions of Use

Terms of Service – BidAmerica

Last Updated: 2025-08-19

Welcome to BidAmerica.com (“we,” “our,” or “us”). By accessing or using our website and services (collectively, the “Platform”), you agree to be bound by the following Terms and Conditions. These Terms govern your access to and use of the BidAmerica subscription service, which provides a digital plan room for public works construction projects in California.

1. Service Description

BidAmerica provides a subscription-based online plan room that compiles and summarizes active public works projects throughout California. The Platform includes access to select project materials such as plans, specifications, addenda, planholder lists, bid schedules, and related documents. Some documents may not be available due to non-participation by certain agencies.

2. Subscription Terms and Renewal

Automatic Renewal: Your subscription will renew automatically at the end of each billing cycle unless canceled at least 30 days prior to your renewal date.
Cancellation Policy: You may cancel anytime via your “My Account” dashboard by navigating to the “Subscriptions” section and selecting “Cancel.” Cancellations via phone call, voicemail, or email are not accepted due to reliability and verification concerns.
Refund Policy: We do not issue full or prorated refunds for any portion of a subscription term once the renewal has been processed. After cancellation, your subscription remains active until the end of the current billing period.

3. Pricing and Fee Adjustments

Introductory pricing may apply only to your first month of service.
Subsequent billing cycles will default to our standard published rates.
Subscription fees are subject to change at our discretion and may be updated from time to time on our website.

4. Permitted Use and Restrictions

The BidAmerica Platform, including the OpenPlanroom and any Premium features, is intended for individual contractor use to discover and evaluate public works project opportunities for the purpose of participating in bidding or related subcontractor activities.

The following uses are strictly prohibited:

No Mass Downloading or Scraping: Customer shall not mass-download, scrape, or harvest project data, summaries, bid information, or document metadata—whether manually or through automated tools, bots, or scripts.
No Republishing or Resale: Customer shall not reproduce, republish, sell, sublicense, distribute, or otherwise make available BidAmerica’s proprietary compilations, databases, analyses, or enhanced content to third parties.
No Competing Derivatives: Customer shall not create derivative products or services that compete with or substitute for BidAmerica’s offerings, including but not limited to competing databases, plan rooms, project alert systems, or subscription services.
No Account Sharing: Sharing account access with other individuals or organizations to bypass subscription fees or distribute compiled data is strictly prohibited.
Preservation of Rights: Customer shall not remove, alter, or obscure any proprietary notices appearing on BidAmerica Materials.

Public Agency Documents Exception: These restrictions do not limit Customer’s independent right to use Public Agency Documents in their original form, provided such documents were obtained directly from the issuing Public Agency or through other lawful means outside the BidAmerica Platform. However, Customer may not use BidAmerica’s unique compilations, formatting, tagging, indexing, annotations, or analytical enhancements applied to those Public Agency Documents except as permitted under this Agreement.

Violations may result in immediate suspension or termination of access without notice and may lead to legal action, including civil damages and injunctive relief.

If you are interested in licensing BidAmerica’s project data or API for approved third-party integrations or partnerships, please contact us directly at [email protected].

5. Account Usage

Single User License: Your subscription is intended for use by a single individual tied to the registered email address. Sharing login credentials or simultaneous access by multiple users is prohibited.
Concurrent Login Policy: If a second login occurs while an existing session is active, the original session will be logged off, and a warning message will be displayed to the new user.

6. Intellectual Property Rights; Copyright Protection

BidAmerica’s Intellectual Property Rights. Except as expressly stated herein, BidAmerica exclusively owns and retains all right, title, and interest in and to its platform, databases, software, proprietary compilations, analyses, and related materials, including all copyrights, trademarks, trade secrets, and other intellectual property rights therein (collectively, “BidAmerica Materials”). This includes, without limitation, the organization, selection, coordination, arrangement, and enhancement of project information, and any derivative works, modifications, or improvements thereto.

Exclusion for Public Domain Documents. Notwithstanding the foregoing, BidAmerica acknowledges that certain documents and project materials provided directly by Public Agencies—including but not limited to specifications, drawings, plans, addenda, bid forms, or other government-issued records (collectively, “Public Agency Documents”)—may be public records and/or in the public domain. BidAmerica does not assert ownership over such Public Agency Documents in their original form. However, BidAmerica expressly reserves all intellectual property rights in its aggregation, compilation, formatting, indexing, tagging, analysis, annotations, enhancements, and any derivative works it creates from or in connection with such Public Agency Documents.

License to Users. Subject to this Agreement, BidAmerica grants Customers a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the BidAmerica Materials during the Term for Customer’s internal business purposes. No additional rights or licenses are granted by implication, estoppel, or otherwise.

7. Public Information and Legal Compliance

BidAmerica compiles publicly available documents in accordance with California law, including Assembly Bill 2036 (2011) and Public Contract Code §10111.2, which ensures contractors and plan rooms have access to bidding documents at no charge. While BidAmerica may charge a convenience subscription fee, we do not claim ownership over public records.

8. AI-Generated Content Disclaimer

BidAmerica may utilize artificial intelligence technologies to generate, summarize, or enhance certain project details, descriptions, or categorizations. While BidAmerica takes commercially reasonable measures to improve the accuracy and reliability of such information, Customer acknowledges that AI-generated content may contain inaccuracies, omissions, or “hallucinations.”

Accordingly, all AI-generated content is provided “as is” for informational purposes only. BidAmerica makes no warranty or representation regarding the accuracy, completeness, or suitability of such content, and expressly disclaims any liability arising from reliance upon it. Customers are solely responsible for verifying project information with the issuing Public Agency or other authoritative sources before making business, bidding, or compliance decisions.

9. Disclaimer of Warranties

The Platform and its contents are provided “as is” and “as available.” While we strive for accuracy, we do not guarantee completeness, availability, or real-time updates of any project information. BidAmerica makes no warranties, express or implied, regarding the performance, accuracy, or availability of our service.

10. Limitation of Liability

To the maximum extent permitted by law, BidAmerica shall not be liable for any indirect, incidental, special, or consequential damages resulting from your use of the Platform. This includes but is not limited to loss of data, missed bid opportunities, or business interruption.

11. Privacy Policy

We are committed to protecting your privacy. We will never sell or rent your personal information to third parties. General usage data (e.g., site traffic, visit counts) may be shared with subscribers via the Visitor Activity Log but does not include any personally identifiable information.

12. Termination

We reserve the right to suspend or terminate access to the Platform with or without cause at any time without notice.

13. Governing Law

These Terms and Conditions are governed by the laws of the State of California. You agree to submit to the jurisdiction of the courts located in California for any dispute arising from these Terms.