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Terms of Service
It is important that both RFPLink.com and our customers "Customer"
know their responsibilities and be legally protected. Therefore, the following
agreement has been designed.
Becoming a RFPLink.com Customer implies you agree to the following terms.
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The Service: Via the Internet and through use of RFPLink.com's proprietary
systems, RFPLink.com is providing the Customer with the ability to: develop and
build comment cards; publish, administer, and manage said questionnaires; gain
and view reports on, responses to, and results of said questionnaires; export
responses to, and results of said questionnaires; and be sent messages
concerning the status of said questionnaires.
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Availability of Service: Occasionally, due to circumstances beyond the control
of RFPLink.com and caused by no fault of RFPLink.com, services may be
unavailable without warning.
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Accessing the Service: The Customer is responsible for any tools, including
hardware, software, or Internet Service, required to access RFPLink.com's
services.
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Publicizing: The Customer is solely responsible for publicizing their comment
card and soliciting respondents, and agrees to indemnify and hold RFPLink.com
harmless from any and all claims and liabilities associated with said
publicizing and soliciting, including but not limited to claims involving
copyright infringement, obscenity, false advertising, fraud, privacy issues,
libel or defamation, and unsolicited e-mail or spam.
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Content: The Customer guarantees that comment card content shall not contain
any illegal or unlawful substance. Customer is solely responsible for said
comment card content and shall indemnify and hold RFPLink.com harmless from any
and all claims and liabilities associated with said content, including but not
limited to claims involving copyright infringement, obscenity, false
advertising, fraud, privacy issues, libel or defamation, and unsolicited e-mail
or spam.
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THE SERVICE AND CONTENT PRODUCED BY THE SERVICE ARE PROVIDED "AS-IS,"
AND "AS AVAILABLE." RFPLink.com EXPRESSLY DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. USE OF RFPLink.com'S
SERVICES SHALL BE ON AN "AT YOUR OWN RISK" BASIS FOR THE CUSTOMER.
RFPLink.com AND ITS AFFILIATES, LICENSORS, THIRD PARTY CONTENT OR SERVICE
PROVIDERS, OR DEALERS ARE NOT LIABLE FOR ANY LOSS OR DAMAGES WEATHER SAID
DAMAGES BE INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHERWISE,
INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR LITIGATION, WHETHER
ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY,
NEGLIGENCE, OR OTHERWISE, EVEN IF RFPLink.com HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
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RFPLink.com DISCLAIMS ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY
VIRUSES CONTAINED WITHIN ELECTRONIC FILES RECEIVED FROM OR THROUGH THE SERVICE.
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Passwords: The Customer agrees to keep their password confidential and must
notify RFPLink.com of any unauthorized use of said password. RFPLink.com does
not offer protection from unauthorized password use.
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RFPLink Content: Excluding any RFPLink.com logos, trademarks, and template,
tutorial, or sample questions and comment cards, all property rights to the
content of a comment card belong to the Customer.
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Responses: All responses and results are the property of the Customer, and as
such RFPLink.com will not share any of said responses and results with any
entity other than the Customer unless specifically allowed by written
agreement.
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Licensing: The Customer agrees to and hereby does grant RFPLink.com limited,
nonexclusive right and license to reproduce and use any comment card and
results in order to complete services for the Customer.
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Templates Tutorials and Samples: Template, tutorial, and sample questions and
comment cards (hereinafter TEMPLATES) are the sole property of RFPLink.com or
the sole property of a third party which has given RFPLink.com the explicit
right to offer the TEMPLATES. The Customer agrees to not use the TEMPLATES in
any way other than with RFPLink.com's services. Furthermore, the Customer
agrees to always include any and all copyright and property notices attached to
TEMPLATES.
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Illegal Use: The Customer agrees to not use RFPLink.com's services in
connection with any fraudulent or illegal activity. Furthermore, the Customer
agrees to never use any responses or results in a fraudulent or illegal manner.
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Reverse Engineering: Reverse engineering, de-compilation, and disassembly are
strictly prohibited, and the Customer hereby agrees to not reverse engineer,
de-compile, or disassemble any of RFPLink.com's controls or software, except
where such actions are expressly permitted by applicable law.
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Termination: RFPLink.com reserves the right to terminate any Customer's use of
RFPLink.com's services.
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Severability: If any provision of the present Agreement is found invalid or
unenforceable, such invalidity shall not affect the validity of any other
provision, and such invalid provision shall be deemed to be severed from the
Agreement.
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Locality of Law: This Agreement shall be governed by and interpreted under and
according to the laws of the State of New Jersey. All disputes arising from
this Agreement or from services provided by RFPLink.com shall be settled in the
courts of Morris County, New Jersey.
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Subject to Change: This Agreement is subject to change upon reasonable notice
of Customer.
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Written Contract: Upon the request of RFPLink.com, the Customer agrees to
execute a written version of this Agreement.
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