Terms of Service

1. B2B Commercial Use Only

The Service is intended exclusively for commercial, business-to-business (B2B) use. By registering for an account, you represent and warrant that you are accessing the Service on behalf of a legitimate business entity and not as an individual consumer. Consequently, consumer protection laws do not apply to this Agreement.

2. Data Sourcing, Accuracy, and Government Forms Disclaimer

2.1. "As-Is" Data Provision:The Service aggregates third-party data regarding business certifications (including but not limited to DBE, MBE, WBE, and similar designations). This data is provided strictly on an "AS IS" and "AS AVAILABLE" basis. We do not guarantee or warrant that the data is provided in real-time, nor do we guarantee its accuracy, completeness, or current validity.

2.2. Independent Verification Required: Certification statuses can be revoked, expired, or altered by certifying agencies at any time without our knowledge. You explicitly acknowledge and agree that it is your sole responsibility to independently verify the current certification status of any business directly with the applicable government or certifying agency prior to relying on such data.

2.3. No Liability for Government Filings: We assume absolutely no liability for bids, proposals, contracts, or official government forms submitted by you that rely on data obtained from the Service. You agree to indemnify and hold harmless Smith Keystone Holding LLC from any damages, penalties, lost contracts, or legal actions resulting from outdated or inaccurate certification data.

3. Strict Prohibition on Scraping and Automation

3.1. Prohibited Actions: You are expressly prohibited from using any automated means to access, navigate, or extract data from the Service. This includes, but is not limited to, the use of web scrapers, bots, spiders, crawlers, data mining tools, or automated scripts.

3.2. Damages for Unauthorized Traffic: The Service infrastructure is designed for human interaction. If you or your organization deploys automated tools that generate unusual traffic, degrade server performance, or illicitly harvest data, your account will be immediately terminated without refund. Furthermore, you agree that you will be held financially liable for all costs incurred by the Company as a result of such actions, including but not limited to: increased server costs, engineering time required to mitigate the traffic, data recovery, and associated legal fees.

4. Account Security and Access Restrictions

4.1. Single-Seat Licensing:Subscriptions are granted on a per-user ("seat") basis. Account credentials (usernames and passwords) may not be shared, transferred, or utilized by multiple individuals within your organization.

4.2. Security: You are fully responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. We reserve the right to suspend or terminate accounts suspected of credential sharing.

5. Subscription, Billing, and Cancellation

5.1. Payment Terms: Access to the Service requires a paid subscription, billed either monthly or annually, as selected at checkout. All fees are non-refundable unless otherwise required by law.

5.2. Auto-Renewal: Subscriptions automatically renew at the end of each billing cycle unless explicitly canceled by the User prior to the renewal date.

5.3. Cancellation: You may cancel your subscription at any time through your account settings. Cancellation will prevent future billing, but you will retain access to the Service until the end of your current paid billing period.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SMITH KEYSTONE HOLDING LLC OR ITS OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST BIDS, DATA LOSS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL AMOUNTS PAID BY YOU TO US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

7. Dispute Resolution and Binding Arbitration

7.1. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles.

7.2. Binding Arbitration: Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, shall be settled exclusively by final and binding arbitration, rather than in court.

7.3. Arbitrator Selection and Rules: The arbitration shall be administered by a recognized, neutral third-party arbitration provider, such as the American Arbitration Association (AAA), in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted before a single, neutral arbitrator selected by mutual agreement of the parties or in accordance with the rules of the designated arbitration provider.

7.4. Venue and Judgment:The arbitration shall take place in Pennsylvania, or at another mutually agreed-upon location, and may be conducted via video conference if both parties agree. The arbitrator's award shall be final and binding, and judgment upon the award rendered by the arbitrator may be entered in any court having competent jurisdiction thereof.

7.5. Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.