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Terms of Service

Free RFPMonkey.com ASP Agreement Revision 12-14-2008 RFPMonkey.com LLC TERMS OF SERVICE: WHEN YOU CLICK THE "SUBMIT REQUEST" BUTTON ON THIS PAGE, YOU ARE CONFIRMING THAT YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT (THE "AGREEMENT") GOVERNING YOUR USE OF THE RFPMonkey.com LLC SERVICE (THE "SERVICE") AND THE RFPMonkey.com LLC WEB SITE (THE "SITE"). IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU MUST POSSESS SUFFICIENT LEGAL AUTHORITY AND/OR COMPANY STANDING TO BIND SUCH COMPANY OR LEGAL ENTITY TO THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU MAY ONLY ENTER INTO THIS AGREEMENT, BY CLICKING "SUBMIT REQUEST", IF YOU HAVE SUCH AUTHORITY AND IF YOU AGREE TO ALL OF THE TERMS AND CONDITIONS HERE STATED. OTHERWISE, YOU MUST CLICK THE "CANCEL REQUEST" BUTTON AND WILL NOT BE ENTERED INTO THE AGREEMENT AND WILL NOT BE ALLOWED TO ACCESS THE APPLICATION. Welcome Upon agreeing to the terms and conditions of this Free RFPMonkey.com ASP Agreement, RFPMonkey.com LLC will provide you with use of the RFPMonkey.com LLC site and RFPMonkey.com LLC Service, including a web browser interface, access and storage of data. Use of the Site or Service shall be deemed to represent your continued agreement to be bound by this Agreement. 1. Privacy Disclosure RFPMonkey.com LLC's privacy policy may be viewed at http://www.RFPMonkey.com. RFPMonkey.com LLC reserves the right to modify its privacy policy in its reasonable discretion from time to time. Users may subscribe to email notification generated by the Service upon the entry or modification of data. This subscription may be done on a user's behalf by the user's organization administrator. Users may unsubscribe from such email notifications at any time while logged in to the Service. Because the Service is a hosted, online application, RFPMonkey.com LLC occasionally may need to notify all users regardless of their subscription status of important announcements regarding the operation of the Service. 2. License Grant & Restrictions RFPMonkey.com LLC hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by RFPMonkey.com LLC and its licensors. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service; (ii) modify or make derivative works based upon the Service; (iii) create Internet "links" to the Service or "frame" or "mirror" any portion of the Service on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service. You may use the Service only for your internal business purposes and shall not: (i) store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (ii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (iii) attempt to gain unauthorized access to the Service or its related systems or networks. 3. Your Responsibilities You are responsible for all activity occurring under your User account(s) and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify RFPMonkey.com LLC immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to RFPMonkey.com LLC immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another RFPMonkey.com LLC user or provide false identity information to gain access to or use the Service. 4. Account Information and Data RFPMonkey.com LLC does not own any data, information or material that you submit to the Service in the course of using the Service ("Customer Data"). You, not RFPMonkey.com LLC, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and RFPMonkey.com LLC shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. Users within your organization with sufficient priveledges can export your Customer Data at any time. RFPMonkey.com LLC is not responsible for your data. RFPMonkey.com LLC reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and RFPMonkey.com LLC shall have no obligation to maintain or forward any Customer Data. 5. Intellectual Property Ownership RFPMonkey.com LLC alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the RFPMonkey.com LLC Technology, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the RFPMonkey.com LLC Technology or the Intellectual Property Rights owned by RFPMonkey.com LLC. The RFPMonkey.com LLC name, the RFPMonkey.com LLC logo, and the product names associated with the Service are trademarks of RFPMonkey.com LLC or third parties, and no right or license is granted to use them. 6. Third Party Links The Service and/or the Site may include web links to third-party web sites or companies. During use of the Site or Service, you may click these links, taking you to a web site not owned or controlled by RFPMonkey.com LLC. If you use such links, enter into correspondence with, purchase goods and/or services from, or participate in promotions of these third-party links' companies, any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. RFPMonkey.com LLC and its licensors shall have no liability, obligation or responsibility for any such cor respondence, purchase or promotion between you and any such third-party. RFPMonkey.com LLC does not endorse any sites on the Internet that are linked through the Service. RFPMonkey.com LLC provides these links to you only as a matter of convenience, and in no event shall RFPMonkey.com LLC or its licensors be responsible for any content, products, or other materials on or available from such sites. RFPMonkey.com LLC provides the Service to you pursuant to the terms and conditions of this Agreement. 7. Charges and Payment of Fees You have requested a limited, free account. There are no fees. No payments are due in connection to the establishment or continued use of this account. There may be fees associated with certain optionial services that you may request. There may be fees associated with other accounts you have with RFPMonkey.com LLC, either now or in the future. Paid (non-free) accounts and 30-day trial accounts have separate terms. 8. Account Suspension In addition to any other rights granted to RFPMonkey.com LLC herein, RFPMonkey.com LLC reserves the right to suspend or terminate this Agreement and your access to the Service for any reason, at its sole discretion. 9. Automatic Termination of Unactivated or Inactive Accounts Once created, free RFPMonkey.com accounts will be disabled and/or deleted if not activated within 14 days. Activation occurs when the user logs into the RFPMonkey.com application for the first time. Once activated, free RFPMonkey.com accounts will be disabled and/or deleted if they become inactive for 60 days. "Inactive" means there have been no successful log ins, and no application usage. 10. Termination for Cause Any unauthorized use of the RFPMonkey.com LLC Technology or Service will be deemed a material breach of this Agreement. RFPMonkey.com LLC, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. In addition, RFPMonkey.com LLC may terminate a free or trial account at any time in its sole discretion. You agree and acknowledge that RFPMonkey.com LLC has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach. 11. Representations & Warranties Each party represents and warrants that it has the legal power and authority to enter into this Agreement. RFPMonkey.com LLC represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the online RFPMonkey.com LLC help documentation under normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct. 12. Mutual Indemnification You shall indemnify and hold RFPMonkey.com LLC, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iii) a claim arising from the breach by you or your Users of this Agreement, provided in any such case that RFPMonkey.com LLC (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release RFPMonkey.com LLC of all liability and such settlement does not affect RFPMonkey.com LLC's business or Service); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim. RFPMonkey.com LLC shall indemnify and hold you and your parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that the Service directly infringes a copyright, a U.S. patent issued as of the Effective Date, or a trademark of a third party; (ii) a claim, which if true, would constitute a violation by RFPMonkey.com LLC of its representations or warranties; or (iii) a claim arising from breach of this Agreement by RFPMonkey.com LLC; provided that you (a) promptly give written notice of the claim to RFPMonkey.com LLC; (b) give RFPMonkey.com LLC sole control of the defense and settlement of the claim (provided that RFPMonkey.com LLC may not settle or defend any claim unless it unconditionally releases you of all liability); (c) provide to RFPMonkey.com LLC all available information and assistance; and (d) have not compromised or settled such claim. RFPMonkey.com LLC shall have no indemnification obligation, and you shall indemnify RFPMonkey.com LLC pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Service with any of your products, service, hardware or business process(s). 13. Disclaimer of Warranties RFPMonkey.com LLC AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. RFPMonkey.com LLC AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) ERRORS OR DEFECTS WILL BE CORRECTED, OR (E) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY RFPMonkey.com LLC AND ITS LICENSORS. 14. Internet Delays RFPMonkey.com LLC'S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. RFPMonkey.com LLC IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. 15. Limitation of Liability IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 16. Additional Rights Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you. 17. Local Laws and Export Control This site provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of Switzerland and the European Union. The user of this site ("User") acknowledges and agrees that the site shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States, Switzerland and/or the European Union maintains an embargo (collectively, "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S., Swiss and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. This site may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000 RFPMonkey.com LLC and its licensors make no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America, Switzerland and/or the European Union, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States, Swiss or European Union (including European Union Member States) law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be used for nuclear activities, chemical or biological weapons, or missile projects, unless specifically authorized by the United States government or appropriate European body for such purposes. 18. Notice RFPMonkey.com LLC may give notice by means of a general notice on the Service, electronic mail to your email address on record in RFPMonkey.com LLC's account information, or by written communication sent by first class mail or pre-paid post to your address on record in RFPMonkey.com LLC's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to RFPMonkey.com LLC (such notice shall be deemed given when received by RFPMonkey.com LLC) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to RFPMonkey.com LLC at the following address: RFPMonkey.com LLC, 2785 Prado Lane, Marietta, GA 30066 addressed to the attention of: Chief Financial Officer. 19. Modification to Terms RFPMonkey.com LLC reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes. 20. Assignment; Change in Control This Agreement may not be assigned by you without the prior written approval of RFPMonkey.com LLC but may be assigned without your consent by RFPMonkey.com LLC to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. Any actual or proposed change in control of you that results or would result in a direct competitor of RFPMonkey.com LLC directly or indirectly owning or controlling 50% or more of you shall entitle RFPMonkey.com LLC to terminate this Agreement for cause immediately upon written notice. 21. General With respect to U.S. Customers, this Agreement shall be governed by Georgia law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Atlanta, Georgia. With respect to Non-U.S./Japan Customers, this Agreement shall be governed by the laws of Switzerland, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the courts of Switzerland. No text or information set forth on any other purchase order, preprinted form or document (other than an Order Form, if applicable) shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and RFPMonkey.com LLC as a result of this agreement or use of the Service. The failure of RFPMonkey.com LLC to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by RFPMonkey.com LLC in writing. This Agreement, together with any applicable Order Form, comprises the entire agreement between you and RFPMonkey.com LLC and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. 22. Definitions As used in this Agreement and in any Order Forms now or hereafter associated herewith: "Agreement" means these online terms of use, any Order Forms, and any materials available on the RFPMonkey.com LLC website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by RFPMonkey.com LLC from time to time in its sole discretion; "Customer Data" means any data, information or material provided or submitted by you to the Service in the course of using the Service; "Effective Date" means the earlier of either the date this Agreement is accepted by selecting the "Submit Request" option presented on the screen after this Agreement is displayed or the date you begin using the Service; "Initial Term" means the initial period during which you are obligated to pay for the Service equal to the billing frequency selected by you during the subscription process (e.g., if the billing frequency is quarterly, the Initial Term is the first quarter); "Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world; "License Administrator(s)" means those Users designated by you who are authorized to purchase licenses online using the Online Order Center or by executing written Order Forms and to create User accounts and otherwise administer your use of the Service; "License Term(s)" means the period(s) during which a specified number of Users are licensed to use the Service pursuant to the Order Form(s); "Order Form(s)" means the form evidencing the initial subscription for the Service and any subsequent order forms submitted online or in written form, specifying, among other things, the number of licenses and other services contracted for, the applicable fees, the billing period, and other charges as agreed to between the parties, each such Order Form to be incorporated into and to become a part of this Agreement (in the event of any conflict between the terms of this Agreement and the terms of any such Order Form, the terms of this Agreement shall prevail); "Online Order Center" means RFPMonkey.com LLC's online application that allows the License Administrator designated by you to, among other things, add additional Users and/or entry capacity to the Service; "RFPMonkey.com" means collectively RFPMonkey.com LLC, having its principal place of business at 2785 Prado Lane, Marietta, Georgia 30066; "RFPMonkey.com Technology" means all of RFPMonkey.com LLC's proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by RFPMonkey.com LLC in providing the Service; "Service(s)" means the specific level of RFPMonkey.com LLC's online RFP entry repository, accessible via http://www.RFPMonkey.com, or ancillary online or offline products and services provided to you by RFPMonkey.com LLC, to which you are being granted access under this Agreement, including the RFPMonkey.com LLC Technology and the Content; "User(s)" means your employees, representatives, consultants, contractors or agents who are authorized to use the Service and have been supplied user identifications and passwords by you (or by RFPMonkey.com LLC at your request). Copyright (c) 2008 RFPMonkey.com LLC, inc. All rights reserved.

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