Terms

Welcome to RFQPro.com. RFQPro.com is a venue that features RFQ and RFP reference templates, software and materials (together, “Services”).

The following describes the terms and conditions, including the Privacy Policy, applicable to your use of our Site (the “Terms of Use”) available under the domain and sub-domains of www.RFQPro.com (the “Site”).    If you do not agree to be bound by the Terms of Use, do not use the Site.

1.         ACCEPTANCE OF TERMS

By using the Site in any way, you are agreeing to comply with the Terms of Use.  In addition, when using the site, you agree to abide by any applicable posted guidelines, which may change from time to time.  Should you object to any term or condition of the Terms of Use, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site.

Disclaimer
We maintain this web site as a service to provide reference material ONLY.  You are hereby cautioned not to consider the content provided on this web site and all its ancillary documents as legal or contracting policy advice whatsoever. This information should not be relied upon as a substitution for consulting a lawyer. Use of our sample templates, links or other information is done so at your own risk.  We are not responsible for the content and therefore, assume no liability under any circumstances.

2.         MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter the Terms of Use at any time.   The modifications shall become effective immediately upon the posting thereof.  You must review the Terms of Use on a regular basis to keep yourself apprised of any changes.

3.         CONTENT

Content made available through the Site, and that by using the Site, you may be exposed to Content that is false, inaccurate, misleading, or otherwise objectionable. Furthermore, the Site and Content available through the Site may contain links to other websites which are completely independent of RFQPro.com.   RFQPro.com makes no representation or warranty as to the accuracy, completeness, timeliness, reliability, validity, or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk.  You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will RFQPro.com be liable in any way for any Content or for any loss or damage of any kind directly or indirectly incurred or sustained by you as a result of the use of any Content posted, emailed or otherwise made available through the Site. You acknowledge that RFQPro.com does not pre-screen or approve the Content, but that RFQPro.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available through the Site, for violating the letter or spirit of the Terms of Use or for any other reason.

No Assertion of Rights: It is expressly understood and agreed that, except for the licenses granted under this Agreement, as between Purchaser of product and RFQPro.com, all right, title, and interest in and to Licensed Digital Files vests solely and exclusively with RFQPro.com.” In general terms, Template Packs are for the exclusive use of the purchaser and cannot be resold or distributed without the express written consent of RFQPro.com.

RFQPro.com shall have the right and sole discretion to make any modification to the design, format, content and operation of the Site and Site at any time, including but not limited to, the addition, removal and modification of any module, feature and function.

4.         THIRD PARTY CONTENT

The Site and Content available through the Site may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of RFQPro.com, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or sites, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through the Site, including payment and delivery of Templates and other goods and/or sites, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.  You should make whatever investigation and inspection you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that RFQPro.com shall not be responsible or liable for any loss or damage of any sort that you incurred or sustained as the result of any such dealings.  If there is a dispute between users on the Site, or between users and any third party, you understand and agree that RFQPro.com is under no obligation to become involved.

5.         PRIVACY AND INFORMATION DISCLOSURE

RFQPro.com has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address:  http://www.RFQPro.com/privacy

Your use of the Site or the Site signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that RFQPro.com may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms of Use; respond to claims that any Content violates the rights of third parties; respond to claims that contact information (e.g. phone number, street address, etc.) of a third party has been posted or transmitted without consent or as a form of harassment; protect the rights, property, or personal safety of RFQPro.com and/or any of its affiliates, subsidiaries, users or the general public.

6.         CONDUCT

You agree not to post, email, or otherwise make available Content:

(a)        that is unlawful, inaccurate, false, deceptive, harmful, misleading, deceitful, harassing, or invasive of another’s privacy;

(b)        that impersonates any person or entity, including, but not limited to, a RFQPro.com employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;

(c)        that includes personal or identifying information about another person without that person’s explicit consent;

(d)        that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

(e)   that constitutes or contains any form of advertising or solicitation if:

(i)    posted in areas of the Site which are not designated for such purposes, or

(ii)  sent to users who have not authorized such contact in writing about other sites, products or commercial interests;

(f)         that includes links to commercial sites or web sites, except in furtherance of the Site and in compliance with the Terms of Use;

(g)        that advertises any illegal site or the sale of any items the sale of which is prohibited or restricted by any applicable law;

(h)        that contains any device or computer code, files or programs that may damage, harm, interrupt, lock, disable, modify, delete, destroy or limit the functionality of any data, computer software, firmware or hardware, or any peripheral or telecommunications templates;

(i)         that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Site, or that otherwise negatively affects other users’ ability to use the Site; or

(j)         that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site.

Also, you agree not to:

(a)        contact anyone who has asked not to be contacted;

(b)        collect personal data about other users for commercial or unlawful purposes;

(c)        use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site or Site or from other users’ Content – unless with the prior written approval of RFQPro.com;

(d)        post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

(e)        attempt to gain unauthorized access to RFQPro.com’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site or Site; or

(f)         use any form of automated device or computer program (except that which may be provided by RFQPro.com as part of the Site) that enables the submission of postings on the Site without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

7.         POSTING AGENTS

A “Posting Agent” is a third-party agent, site, or intermediary that offers to post Content to the Site on behalf of others. To moderate demands on RFQPro.com’s resources, you may not use a Posting Agent to post Content to the Site without express permission or license from RFQPro.com.  Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Site to facilitate posting Content on behalf of others, except with express prior written permission or license from RFQPro.com.

8.         NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to RFQPro.com’s or another user’s email addresses or through RFQPro.com’s or its supplier’s computer systems, is prohibited.   Also, any unauthorized use of RFQPro.com’s or its supplier’s computer systems is a violation of the Terms of Use and certain federal, provincial and local laws.  Such violations may subject the sender and his or her agents to civil and criminal penalties.

9.         LIMITATIONS ON SITE

You acknowledge that RFQPro.com does not give any representations, warranties or guarantee on any postings.

You agree that RFQPro.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Site. For users who are seeking to purchase Templates, you acknowledge that RFQPro.com reserves the right at any time to modify or discontinue the Site (or any part thereof) without notice, and that RFQPro.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

10.       TERMINATION OF SITE

You agree that RFQPro.com, in its sole discretion, has the right (but not the obligation) to block your email or IP address, or otherwise terminate your access to or use of the Site (or any part thereof), immediately and without notice, and remove and discard any Content within the Site, if RFQPro.com believes that you have acted inconsistently with the letter or spirit of the Terms of Use or the subscription agreement. Further, you agree that RFQPro.com shall not be liable to you or any third party for any termination of your access to the Site. Further, you agree not to attempt to use the Site after the termination.

Sections 3, 4, 5, 11, and 13 to 16 inclusive shall survive termination of the Terms of Use.

11.       PROPRIETARY RIGHTS

The Site is protected to the maximum extent permitted by copyright and other intellectual property and proprietary rights laws and international treaties.  Content displayed on or through the Site is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.  Any reproduction, modification, creation of derivative works from or redistribution of the Site or Site or the collective work, and/or copying or reproducing the Site or Site or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of RFQPro.com. You further agree not to reproduce, duplicate or copy third-party Content from the Site without the express written consent of RFQPro.com and such third party, and agree to abide by any and all copyright notices displayed on the Site and/or Site. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Site. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Site.

Although RFQPro.com does not claim ownership of Content that its users post, by posting Content to any public area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to RFQPro.com an irrevocable, perpetual, non-exclusive, fully paid, royalty-free, transferable, worldwide license to use, copy, load, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing in connection with its delivery of the Site.  Furthermore, by posting Content to any public area of the Site, you automatically grant RFQPro.com a right (but not an obligation) to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation by a third party of the Content on the Site.

12.       DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE SITE AND THE SITE IS ENTIRELY AT YOUR OWN RISK.  THE SITE AND THE SITE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.  ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.  TO THE FULLEST EXTENT PERMITTED BY LAW, RFQPRO.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, COMPLETENESS, AND PERFORMANCE OF THE SITE AND THE SITE.  TO THE FULLEST EXTENT PERMITTED BY LAW, RFQPRO.COM DISCLAIMS ANY WARRANTIES FOR OTHER SITES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE, OR THE SITES OR SITE, OR ACCESSED THROUGH ANY LINKS ON THE SITE.  TO THE FULLEST EXTENT PERMITTED BY LAW, RFQPRO.COM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE OR THE SITE.  Some jurisdictions do not allow the disclaimer of implied warranties.  In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

Refunds must be registered within 30 days from date of sale.

13.       LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL RFQPRO.COM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LOSSES (EVEN IF RFQPRO.COM HAS BEEN ADVISED OF SUCH POSSIBILITY) ARISING FROM OR RELATING TO ANY ASPECT OF YOUR USE OF THE SITE OR THE SITE, INCLUDING BUT NOT LIMITED TO, WHETHER THE DAMAGES OR LOSSES ARISE FROM USE OR MISUSE OF THE SITE OR THE SITE, FROM INABILITY TO USE THE SITE OR THE SITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SITE.   SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES AND/OR LOSSES INCURRED OR SUSTAINED BY REASON OF OTHER SITES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON OR IN CONNECTION WITH THE SITE OR THE SITE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON OR IN CONNECTION WITH THE SITE OR THE SITE OR ANY LINKS ON THE SITE.  THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

14.       INDEMNITY

You agree to defend, indemnify and hold harmless RFQPro.com and its subsidiaries and affiliates and their respective directors, officers, employees, agents, site providers, suppliers, successors, and assigns from any and all demands, claims, actions, proceedings, judgments, damages, losses and any other liabilities (actual and consequential, direct and indirect) of every kind or nature (including attorney fees and disbursements on a full indemnity basis and court costs), known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to the Content you submit, post or make available through the Site, your use of the Site or Services, your disputes with other users or third parties, your violation of the Terms of Use, your breach of any of the representations and warranties herein, and/or your violation of any rights of another.

15.       GENERAL INFORMATION

The Terms of Use constitute the entire agreement between you and RFQPro.com and govern your use of the Site, superseding any prior discussions, negotiations and agreements that might have occurred between you and RFQPro.com. The Terms of Use and the relationship between you and RFQPro.com shall be governed by the laws of the Province of British Columbia and the federal laws of Canada therein, excluding any rules of private international law or the conflict of laws which would lead to the application of any other law.  You and RFQPro.com hereby expressly disclaim the application of the Vienna Convention on the International Sale of Goods and the International Sale of Goods Act (British Columbia) for all purposes. You and RFQPro.com agree to submit to the personal and exclusive jurisdiction of the courts of British Columbia, Canada sitting in the City of Vancouver. The failure of RFQPro.com to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or Services or the Terms of Use must be filed within one (1) year after the cause of action arose or be forever barred.

16.       VIOLATION OF TERMS

Please report any violations of the Terms of Use, by flagging the posting(s) for review, or by emailing to: [email protected]

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to such breach or subsequent or similar breaches.   Notwithstanding any other provision of the Terms of Use, RFQPro.com retains the right to seek the remedy of specific performance of any provision contained in the Terms of Use, or a preliminary or permanent injunction against the breach of any such provision or in aid of the exercise of any power granted in the Terms of Use or any combination thereof.