Terms and Conditions

1. INTRODUCTION

Welcome to Proposalthatwins.com, owned and operated by GovCon Winners® (“Company,” “we,” “our,” or “us”). These Terms and Conditions (“T&C”) govern your use of our website, including any content, functionality, and services offered on or through Proposalthatwins.com and the associated domains pmawins.com, pmawinners.com, and bidmasteracademy.com (collectively, the “Website”). By accessing or using our Website, you agree to comply with and be bound by these T&C and our Privacy Policy. Please read these T&C carefully before using our Website. If you do not agree to these T&C, you must not access or use our Website.

Please read these Terms and Conditions carefully before using this Website.

2. TERMS AND CONDITIONS

These Terms and Conditions (“T&C”) govern your use of the Website, including any content, functionality, and services offered on or through Proposalthatwins.com and the associated domains pmawins.com, pmawinners.com, and bidmasteracademy.com (collectively, the “Website”). By accessing or using our Website, you agree to comply with and be bound by these T&C and our Privacy Policy. Your continued use of the Website constitutes your acceptance of these T&C. If you do not agree to these T&C, you must not access or use our Website.

We reserve the right to modify these T&C at any time without prior notice. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website after any modifications to the T&C constitutes your acceptance of such changes. We encourage you to review these T&C periodically to stay informed about any updates.

3. WEBSITE USE AND CONSENT

By accessing or using this Website and its Content, you represent and warrant that you are at least 18 years old and that you agree to abide by these T&C. Any registration by, use of, or access to the Website and its Content by anyone under age 18 is unauthorized, unlicensed, and in violation of these T&C.

You agree to use the Website and its Content for lawful purposes only. You must not use the Website or its Content in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You must not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these T&C and comply with them. You agree not to use the Website or its Content for any unlawful purpose or to solicit others to perform or participate in any unlawful acts. You must not use the Website to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances, or to infringe upon or violate our intellectual property rights or the intellectual property rights of others.

Additionally, you agree not to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against others based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability. You must not submit false or misleading information, upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, other websites, or the Internet.

You are prohibited from collecting or tracking the personal information of others, and from engaging in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping. You must not use the Website for any obscene or immoral purpose, or interfere with or circumvent the security features of the Website, other websites, or the Internet.

We reserve the right to terminate your use of the Website for violating any of the prohibited uses described above.

 

4. INTELLECTUAL PROPERTY RIGHTS

a. Our Limited License To You

This Website and its Content are the property solely owned by GovCon Winners® and/or our affiliates or licensors, unless otherwise noted, and are protected by copyright, trademark, and other intellectual property laws. If you view, purchase, or access our Website or any of its Content, you are considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you alone.

When you purchase or access our Website or any of its Content, you agree that you will not copy, duplicate, or steal our Website or Content. Any such action is considered theft, and we reserve our right to prosecute theft to the full extent of the law. You are permitted from to download and/or print one copy of individual pages of the Website or its Content for your personal, non-commercial use, provided that you give us full attribution and credit by name, keep intact all copyright, trademark, and other proprietary notices, and, if used electronically, include the link back to the Website page from which the Content was obtained.

You may not use, copy, adapt, imply, or represent that our Website or its Content is yours or created by you. By downloading, printing, or otherwise using our Website Content for personal use, you do not assume any ownership rights of the Content – it remains our property. You must receive our written permission before using any of our Website Content for your own business use or before sharing with others. This means you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium any Website Content because that is considered stealing our work.

We grant you a limited license to enjoy our Website and its Content for your own personal use, not for your business or commercial use or in any way that earns you money, unless we give you written permission to do so.

As a Licensee, you understand and acknowledge that this Website and its Content have been developed or obtained by us through the investment of significant time, effort, and expense, and that this Website and its Content are valuable, special, and unique assets of ours which need to be protected from improper and unauthorized use. You agree not to use this Website or its Content in a manner that constitutes an infringement of our rights or that has not been authorized by us.

The trademarks and logos displayed on our Website or its Content are trademarks belonging to us, unless otherwise indicated. Any use, including framing, meta tags, or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission. All rights not expressly granted in these T&C or any express written license are reserved by us.

b. Your License To Us

By posting or submitting any material on or through our Website, such as comments, posts, photos, images, videos, or other contributions, you represent that you are the owner of all such materials and that you are at least 18 years old. When you voluntarily submit to us or post any comment, photo, image, video, or any other submission for use on or through our Website, you grant us, and anyone authorized by us, consent to make it part of our current or future Website and its Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. Your rights regarding this personal information can be found in our Privacy Policy.

You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on our Website or in our Content at any time for any reason.

5. REQUEST FOR PERMISSION TO USE CONTENT

Any request for written permission to use our Content, or any other intellectual property or property belonging to us, should be made before you wish to use the Content by completing the “Contact Us” form on this Website, or by sending an email to cs@kizzyparks.com.

We clearly state that you may not use any Content in any way that is contrary to these T&C unless we have given you specific written permission to do so. If you are granted permission by us, you agree to use the specific Content that we allow and only in the ways for which we have given you our written permission. If you use the Content in ways that we do not specifically give you written permission, you agree that you will be treated as if you had copied, duplicated, and/or stolen such Content from us. You consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the timeframe that we prescribe to protect our intellectual property and ownership rights in our Website and its Content.

6. DIGITAL MILLENNIUM COPYRIGHT ACT

We respect others’ copyright and intellectual property rights. If you believe that any content on this Website infringes upon any copyright you own, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the following information in writing: a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

Additionally, the notification should include information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted. The complaining party must also include a statement that they have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You can contact our Designated Copyright Agent for notice of claims of copyright infringement on the Website by sending an email to cs@kizzyparks.com.

7. PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK

By using our Website, you accept and agree that you are solely responsible for your actions, decisions, and results, and that you use our Website and its Content at your own risk. We provide educational and informational resources that are intended to help users make their own decisions. However, you acknowledge that your personal and professional success depends on your own efforts, circumstances, and individual experiences.

You agree that we have not made any guarantees about the results of taking any action, whether recommended on this Website or not. Any statements made regarding potential outcomes are expressions of opinion only. We make no guarantees that you will achieve any particular result, and you understand and acknowledge that the results differ for each individual. You assume all risks related to your use of the Website and its Content.

To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with our Website and its Content, including without limitation any liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time, and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.

8. DISCLAIMER

a. Legal And Financial Disclaimer

Our Website and its Content are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with our Website and its Content. This includes, without limitation, any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time, and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other Website participant or user, including you.

This Website and its Content are not to be perceived or relied upon in any way as business, financial, or legal advice. The information provided through our Website and its Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer, or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Website or its Content. You are solely responsible for your results.

b. Earnings Disclaimer

You acknowledge that we have not and do not make any representations as to the health, physical, mental, emotional, spiritual, or health benefits, future income, expenses, sales volume, or potential profitability or loss of any kind that may be derived as a result of your use of this Website or its Content. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Website or its Content, and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse, or non-use of the information provided or obtained through the use of our Website or its Content. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.

c. Warranties Disclaimer

We make no warranties as to our Website or its Content. You agree that our Website and its Content are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Website or its Content will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the Website or its Content are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Website or its Content or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.

d. Technology Disclaimer

We try to ensure that the availability and delivery of our Website and its Content are uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance, or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or for any other recourse, should our Website or its Content become unavailable or access to them becomes slow or incomplete due to any reason, such as system backup procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Website or its Content inaccessible to you.

e. Errors And Omissions

We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information on our Website or its Content. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. We assume no liability for errors or omissions on the Website, its Content, or in other information referenced by or linked to the site. You acknowledge that such information may contain inaccuracies or errors to the fullest extent permitted by law.

9. LINKS TO OTHER WEBSITES

Our Website may provide links and pointers to other websites maintained by third parties which may take you outside of our Website or its Content. These links are provided for your convenience, and the inclusion of any link in our Website or Content to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and are not responsible for the views, opinions, facts, advice, statements, errors, or omissions provided by external resources referenced in our Website or its Content, or their accuracy or reliability.

We have no control over the contents or functionality of those websites and accept no responsibility for any loss, damage, or otherwise that may arise from your use of them. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.

10. LIMITATIONS ON LINKING AND FRAMING

You may establish a hypertext link to our Website or Content so long as the link does not state or imply any sponsorship, endorsement, or ownership with our Website or Content and does not state or imply that we have sponsored, endorsed, or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.

You agree to seek our written permission before linking to, framing, or republishing any of our Content. If permission is granted, you agree to use the specific Content that we allow and only in the ways for which we have given you our written permission. If you choose to use the Content in ways that we do not specifically give you written permission, you agree that you will be treated as if you had copied, duplicated, and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions we may request and by the methods and in the timeframe that we prescribe to protect our intellectual property and ownership rights in our Website and its Content.

11. INDEMNIFICATION, LIMITATION OF LIABILITY AND RELEASE OF CLAIMS

a. Indemnification

You agree at all times to defend, indemnify, and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to our Website, its Content, or your breach of any obligation, warranty, representation, or covenant set forth in these T&C or in any other agreement with us.

b. Limitation Of Liability

We will not be held responsible or liable in any way for the information, products, or materials that you request or receive through or on our Website and its Content. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates, or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates, or otherwise who are engaged in rendering our Website or its Content, or in any way or in any location. In the event that you use our Website and its Content or any other information provided by us or affiliated with us, we assume no responsibility.

c. Release Of Claims

In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable, or consequential damages for any use of or reliance on our Website and its Content, or on those affiliated with us in any way. You hereby release us from any and all claims, including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.

12. YOUR CONDUCT

You agree to use the Website and its Content for lawful purposes only. You are prohibited from using the Website or its Content in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You agree not to engage in any conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation.

You agree not to post or transmit through the Website any material that is defamatory, harassing, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable. You may not use the Website to post, transmit, or distribute any software or other material that contains a virus or other harmful component.

You agree not to use the Website to collect or store personal data about others, or to send or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users of the Website. You must not use the Website for any fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity.

You also agree to not impersonate any third party or otherwise mislead as to the origin of your contributions. You are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to us. You agree to use the Website and its Content for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.

13. USER-GENERATED CONTENT AND COMMUNITY GUIDELINES

By submitting or posting any content on or through our Website, including but not limited to comments, posts, photos, images, videos, or any other contributions, you represent that you are the owner of all such materials and that you are at least 18 years old. You grant us, and anyone authorized by us, a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You acknowledge and agree that any user-generated content you submit to us can be used by us for any purpose, including but not limited to marketing, advertising, and promotional purposes, without compensation to you. You also agree that we have the right, but not the obligation, to monitor, edit, or remove any content or material you submit.

We expect all users to adhere to the following community guidelines when interacting with our Website and its Content. Users must engage in respectful and constructive communication, avoiding any form of harassment, bullying, or abusive behavior. Posting content that is illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy, or otherwise injurious or objectionable is strictly prohibited.

Ensure that any information you post is truthful, accurate, and not misleading. Do not post unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation. Respect the privacy of others by not posting personal or private information about any other person without their consent. Only post content that you own or have permission to post, and do not infringe on the intellectual property rights of others.

Violations of these guidelines may result in content removal, account suspension, or other actions deemed appropriate. We reserve the right to take necessary actions to maintain the integrity and positive experience of our Website and community.

14. ONLINE COMMERCE

Certain sections of the Website or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction, and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and the merchant, as well as our payment processing company.

Please review our Privacy Policy for how we comply with securing your personal data. Your participation, correspondence, or business dealings with any affiliate, individual, or company found on or through our Website, all purchase terms, conditions, representations, or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort incurred as the result of such dealings with a merchant.

Payment processing companies and merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and merchants. In addition, when you make certain purchases through our Website or its Content, you may be subject to the additional terms and conditions of a payment processing company, merchant, or us that specifically apply to your purchase. For more information regarding a merchant and its terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly.

You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.

15. TERMINATION

We reserve the right in our sole discretion to refuse or terminate your access to the Website and its Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website or Content affected by such cancellation or termination. The restrictions imposed on you in these T&C with respect to the Website and its Content will still apply now and in the future, even after termination by you or us.

We may terminate or suspend your account and bar access to the Website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the T&C. If you wish to terminate your account, you may simply discontinue using the Website. All provisions of the T&C which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

16. GOVERNING LAW AND JURISDICTION

These Terms and Conditions are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Florida for the resolution of any disputes arising out of or relating to these Terms and Conditions, our Website, or our Content.

17. DISPUTE RESOLUTION

In the event of a dispute arising out of or relating to these Terms and Conditions, our Website, or our Content, we agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Melbourne, Florida. Each party will be responsible for their own costs and fees associated with the mediation, including attorney fees. Any additional fees incurred will be the responsibility of the party initiating the dispute.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration in Melbourne, Florida under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court having jurisdiction.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

18. DATA PROTECTION AND PRIVACY

We are committed to protecting your privacy and ensuring that your personal information is handled securely and responsibly. Our data protection practices are designed to ensure that your personal data is processed in a secure manner and in accordance with applicable data protection laws. We collect, use, and store your personal data to provide and improve our services, comply with legal obligations, and enhance your experience on our Website.

For more detailed information about how we collect, use, and protect your personal data, please refer to our Privacy Policy. By using our Website, you consent to our data practices as described in our Privacy Policy.

19. UPDATES AND CHANGES TO TERMS AND CONDITIONS

We strive to continually improve our services and may update, modify, or change these Terms and Conditions to enhance your experience. Any changes will take effect immediately upon posting the updated Terms and Conditions on our Website. We will make reasonable efforts to notify you of any significant updates, but we encourage you to review these Terms and Conditions periodically to stay informed. Your continued use of the Website following any modifications indicates your acceptance and agreement to the updated Terms and Conditions

20. CONTACT INFORMATION

If you have any questions or concerns about these Terms and Conditions, please contact us at:

GovCon Winners®
1900 S. Harbor City Blvd #335
Melbourne, FL 32901
Email: cs@kizzyparks.com

We welcome your questions, comments, and requests regarding these Terms and Conditions and our data practices.