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PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS. THE TERMS AND CONDITIONS OF THIS CONTENT HOSTING SERVICES AGREEMENT (THE "AGREEMENT") GOVERN YOUR PROVISION OF CONTENT AND UPON WHICH POST-YOUR-RFP ("We " or "our Company" or "the Company") OFFER SERVICES TO YOUR BUSINESS ("Customer" or "You"). BY CLICKING ON "I ACCEPT"  OR BY SIGNING THIS AGREEMENT YOU (I) ACCEPT THIS AGREEMENT EITHER FOR YOURSELF OR ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, (II) AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND (III) HAVE ENTERED INTO A BINDING AGREEMENT BETWEEN YOU AND POST-YOUR-RFP.  IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL LEGAL AUTHORITY TO BIND YOUR EMPLOYER OR SUCH ENTITY TO THESE TERMS AND CONDITIONS.
  

1. Eligibility for Post-Your-RFP Services. 

Our Services are available only to individuals and business entities (including but not limited to sole proprietorships) in good legal standing that can form legally binding contracts under applicable law. Customer hereby represents and warrants that it is duly licensed to do business and is in good legal standing in the jurisdictions in which it does business (during the term of this Agreement) that it is not a competitor of Post-Your-RFP, and that the person agreeing to this Agreement for Customer is at least eighteen years of age and otherwise capable of and authorized to enter binding contracts for Customer. 

2. Post-Your-RFP Services. 

Subject to the terms and conditions of this Agreement, Post-Your-RFP makes certain Services available to Customer. For the purposes of this Agreement: (a) "Customer" (or "you") means the business entity that is registering to use the Services, including its employees and agents; (b) Post-Your-RFP "Services" means those electronic or interactive services offered by Post-Your-RFP. Post-Your-RFP makes its Services available to Customer via Customer's Authorized Users (as defined in Section 5 ("Customer Account")). Post-Your-RFP reserves the right to change or discontinue any of the Services at any time. 

3. Ownership

You acknowledge that all materials provided on this Web site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services (collectively "Materials"), are provided either by Post-Your-RFPor by their respective third party authors, developers and vendors (collectively "Third Party Providers") and the underlying intellectual property rights are owned by Post-Your-RFP and/or its Third Party Providers. Elements of the Web site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. Post-Your-RFP, the Post-Your-RFP logo and other Post-Your-RFP products referenced herein are trademarks of Post-Your-RFP, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners. 


4. Customer Information

Customer represents and warrants that the information it provides in Post-Your-RFP contact information forms is true, accurate, current and complete. Customer agrees to maintain and update this information to ensure that it is true, accurate, current and complete. If, at any time, any information provided by Customer is untrue, inaccurate, not current or incomplete, Post-Your-RFP will have the right to suspend or terminate Customer's account and this Agreement. 

By entering into this Agreement and uploading, sending or otherwise making available your content to a Post-Your-RFP public space, you are directing and authorizing Post-Your-RFP to, and granting Post-Your-RFP a royalty-free, non-exclusive right and license to, host, cache, route, transmit, store, copy, modify, distribute, perform, display, reformat, excerpt, analyze, and create algorithms based on the content in order to (i) host the content on Post-Your-RFP's servers, (ii) index the content; (iii) display, perform and distribute the content, in whole or in part, in connection with Post-Your-RFP products and services now existing or hereafter developed.

4.1 Promotional License, Brand Features, Publicity. 

You hereby grant Post-Your-RFP a non-exclusive, world-wide, royalty-free license to use Your name and logo ("Brand Features"), in connection with Your content, and to use limited excerpts from your content for advertising or promotional purposes, including without limitation the right to publicly display, perform, reproduce and distribute such excerpts and Brand Features on the Internet and in presentations, marketing materials, customer lists, financial reports and Web site listings of customers. If this Agreement is terminated, Post-Your-RFP may continue to use such excerpts and Brand Features in printed (versus "online") materials that are in existence as of the date of termination until such materials are depleted or are redesigned, whichever comes first.


5 Notification of Unauthorized Use

Customer will immediately notify Post-Your-RFP if Customer notices any activity indicating that Customer's account is being used without authorization, including: (a) Customer has received confirmation of an order or orders placed using Customer's account which Customer did not place or any similar conflicting report; or (b) Customer becomes aware of any unauthorized use of any product or service related to its account(s). 

6. Customer Data

Customer has sole responsibility and liability for the data its stores on Post-Your-RFP's servers. Customer controls its data through its account.  Post-Your-RFP encourages Customer to archive its data regularly and frequently; Customer bears full responsibility for archiving its data and sole liability for any lost or irrecoverable data. Customer agrees to maintain its data in compliance with its legal obligations. Post-Your-RFP will delete Customer data upon termination of this Agreement. However, Post-Your-RFP may retain Customer data in its archives after deletion and will not be liable to Customer in any way for such retained data. 



7. Fees And Payments

Post-Your-RFP does not collect and is not responsible for any additional fees imposed by Customer's local authorities, including without limitation: Import or state tax. Customer shall pay any and all Fees in advance based on chosen billing cycle during registration. Customer will receive an electronic invoice by email after registration. In the event that Customer fails to pay Fees due, Post-Your-RFP reserves the right to suspend or terminate Customer's account(s).

8. Acceptable Use

8.1 Illegality/Adult Content

Post-Your-RFP neither sanctions nor permits site content or the transmission of data that contains illegal or obscene material or fosters or promotes illegal activity, including but not limited to, gambling, the offering for sale of illegal weapons, and the promotion or publication of any material that may violate hate crimes legislation.

Post-Your-RFP reserves the right to immediately suspend or terminate any account or transmission that violates this policy, without prior notice. In the event of such termination, Customer agrees that the unused portion of any fees Customer may have paid for any Services rendered to Customer by Post-Your-RFP are an appropriate recompense to Post-Your-RFP for the time required to respond to and address issues created by Customer's illegal or obscene site/content, and Customer agrees not to seek recovery of those fees.

Further, should Customer violate this policy, Post-Your-RFP will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about Customer, Customer's site, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content.

8.2 Wrongful Conduct

Customer shall not commit or permit wrongful or damaging acts which justify civil action including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent or intentionally inflicting emotional distress.

8.3 Access and Interference

Violations or attempts to violate Post-Your-RFP systems or to interrupt Post-Your-RFP services are strictly prohibited, and may result in criminal and civil liability. Examples of system violations include, without limitation: (a) Unauthorized access to or use of Post-Your-RFP Services, including any attempt to probe, scan or test the vulnerability of a system or to breach security or authentication measures without express authorization of Post-Your-RFP; or (b) Interference with Service to any customer or network including, without limitation, flooding, or deliberate attempts to overload a system and broadcast attacks; or (c) Any attempt to cirumvent limitations in subscriptions; or (d) Use of any device, software, or routine to interfere or attempt to interfere with the proper working of the Services; or (e) Any action that imposes an unreasonable or disproportionately large load on Post-Your-RFP's infrastructure

Customer shall not decompile, disassemble, decrypt, extract, reverse engineer or otherwise attempt to derive the source code of the "software tools" (including the tools, methods, processes, and infrastructure) underlying the Services or any other software on the Post-Your-RFP Web site.

8.4 Copyright or Trademark Infringement

Post-Your-RFP Services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation, including export control laws, is prohibited. This includes, without limitation, material protected by patent, copyright, trademark, service mark, trade secret or other intellectual property rights. If you use another party's material, you must obtain prior authorization. By using the Services, you represent and warrant that you are the author and copyright owner and/or proper licensee with respect to any hosted content and you further represent and warrant that no content violates the trademark or rights of any third party. Post-Your-RFP reserves the right to suspend or terminate a Customer's account(s) that, in Post-Your-RFP's discretion, violates these policies or violates any law or regulation.

You warrent that you hold and will continue to hold the necessary rights, including but not limited to all copyrights, trademark rights and rights of publicity in and to Your content and Your Brand Features to enter into this Agreement and to grant the rights granted herein; (e) You have the legal right and authority to enter into this Agreement, to perform the acts required of You under the Agreement, and to grant the rights and licenses described in this Agreement.  You further represent and warrant that (i) the Authorized Content and the rights and licenses granted to Post-Your-RFP under this Agreement and Post-Your-RFP's authorized use of Your content (including the public display, public performance, distribution and reproduction of Your Authorized Content): (i) do not and will not violate any applicable law, statute, ordinance or regulation and (ii) do not breach and will not breach any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort or contract theories 

8.5 Misuse of System Resources

Customer shall not misuse system resources including, but not limited to, employing content which consume excessive CPU time or storage space; utilizing excessive bandwidth; resale of access to content hosted on Post-Your-RFP servers outside of our Reseller program; or resale of Customer's Post-Your-RFP account.

8.6 Other Activities

Whether lawful or unlawful, Post-Your-RFP reserves the right to determine what is harmful to its Customers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the Service or the Internet.

Please be aware Post-Your-RFP reserves the right to cancel any account they find in violation of any of the above policies. If appropriate, Post-Your-RFP will refer complaints to law enforcement authorities, and in such case, Post-Your-RFP will actively assist law enforcement agencies with the investigation and prosecution of any such activities, including surrendering Customer account information. 

Complaints about violators of our Policy should be sent via e-mail to Post-Your-RFP. Each complaint will be investigated and may result to immediate cancellation of Services without prior notice and without refund of Service fees paid.

9. No Warranty

You expressly understand and agree that: (a) your use of the Service is at your sole risk. Post-Your-RFP Services are provided on an "as is" and "as available" basis. Post-Your-RFP and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. Post-Your-RFP and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of our Services, software, or content; (b) Post-Your-RFP makes no warranty that (i) the Service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected; (d) any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material; (e) no advice or information, whether oral or written, obtained by you from us or through or from the Service shall create any warranty not expressly stated in these terms and conditions.

The information contained in documents reviewed or posted by Post-Your-RFP may include opinions or views which, unless expressly stated otherwise, are not those of Post-Your-RFP or any associated company or any person in relation to whom they would have vicarious liability or responsibility. Post-Your-RFP accepts no responsibility for and excludes all liability in connection with use of information derived from documents review or posted by Post-Your-RFP, including but not limited to any misleading or defamatory statements.

Post-Your-RFP gives no assurances or warranty regarding the accuracy, currency or applicability of any of the contents in relation to specific situations and particular circumstances, and disclaims all liability in respect of such information.

All documents are proofread, edited or created to a high and exacting standard. However, Post-Your-RFP provides no guarantee that the client's work will be error-free. Post-Your-RFP is not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business, or loss of data, in any way related to this service or for any claim, loss, or injury based on errors or omissions, interruptions, or any other inaccuracies appearing on Post-Your-RFP (including without limitation as a result of breach of any term of this agreement). All editors provide the best possible service to the best of their ability and do not guarantee that edited documents are "perfect" or "without error."


10. Indemnity

You agree to defend, indemnify, and hold harmless Post-Your-RFP, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use the Service, or your breach of this Agreement or other Post-Your-RFP policies, terms and conditions. 

11. Limitation of Liability

Your use of Post-Your-RFP Services is at your own risk. If you are dissatisfied with any aspect of our Service or with these terms & conditions, or any other rules or policies, your sole remedy is to discontinue use of the Service. 
You expressly understand and agree that Post-Your-RFP shall not be liable for any direct, indirect, incidental, special, consequential exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the Service.
In no event will Post-Your-RFP's liability arising out of or in respect of these terms and conditions exceed one year subscription fee. 

12. Modifications to Agreements, Policies or to our Services

We reserve the right to change this Service Agreement at any time without notice. We also reserve the right at any time to modify or discontinue the Service, temporarily or permanently, with or without notice to you. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service. You acknowledge that we may establish general practices and limits concerning use of the Service, including the maximum disk space that will be allotted on Post-Your-RFP's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. Further, you acknowledge that Post-Your-RFP may change subscription fees at any time without notice. Changes in subscription fees will take effect on expiration of any existing Customer subscription.

13. Termination

13.1 Without limiting other remedies, Post-Your-RFP may immediately issue a warning, suspend (i.e., lock out access and operation of Services for Customer) either temporarily or indefinitely, or terminate Customer's account and refuse to provide Services to Customer if: (a) Post-Your-RFP believes that Customer have violated or acted inconsistently with this Agreement, or any of our policies; or (b) Customer have failed to pay fees or other payments due to Post-Your-RFP; or (c) Post-Your-RFP is unable to verify or authenticate any information Customer provides to Post-Your-RFP; or (d) Post-Your-RFP believes that Customer's actions may cause legal liability for Customer, Post-Your-RFP's other clients, or Post-Your-RFP Online. 

Post-Your-RFP may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these terms and conditions may be effected without prior notice, and acknowledge and agree that Post-Your-RFP may immediately deactivate, archive or delete your account and all related information and data in your account and/or any further access to such data or the Service. Further, you agree that the Post-Your-RFP shall not be liable to you or any third-party for any termination of your access to the Service.

Upon termination of this Agreement by either Customer or Post-Your-RFP, all of Customer rights under this Agreement, and Post-Your-RFP's provision of Services, will terminate immediately. Any amounts Customer owes Post-Your-RFP, if any, will become immediately due and payable, including Fees for the remainder of the subscription cycle. Refunds to Customer will be given solely at the discretion of Post-Your-RFP.

13.2 The Sections 6 ("Customer Data"), 9 ("No Warranty"), 10 ("Indemnity"), 11 ("Limitation Of Liability") and this Section 13 will survive any termination of this Agreement. 


14. Miscellaneous

These terms and conditions will be governed by and construed in accordance with the laws of the State ofWashington, excluding that body of law governing conflict of laws. Any legal action or proceeding relating to or arising out of these Terms or your use of the Web site will be brought in a federal or state court in King County, Washington, and you submit to the venue and personal jurisdiction of such court. If any provision of these Terms is held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Post-Your-RFP's failure to act with respect to a breach by Customer or others does not waive Post-Your-RFP's right to act with respect to subsequent or similar breaches. No action by Customer arising under this Agreement may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose. 

14.1 Relationship

Customer and Post-Your-RFP are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 

14.2 Assignment

Customer may not assign any of its rights, or delegate any of its duties, under this Agreement, and any attempted assignment will be null and void. 

14.4 Force Majeure

Operation of our Services may be interfered with by numerous factors outside of our control and we shall not be liable to you for any delay or failure in performance under this Agreement resulting directly or indirectly from causes beyond Post-Your-RFP's control. 

14.5 Interpretation

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, as narrowly as possible, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 

14.6 Post-Your-RFP Confidential Information

You represent and warrant to Post-Your-RFP that (a) you are not a competitor of Post-Your-RFP, (b) you shall keep publicly unannounced information and materials pertaining to Post-Your-RFP Services, pre-release software, testing or testing procedures strictly confidential and (c) you shall not use any information gained from access to the Post-Your-RFP Web site or use of the Post-Your-RFP Services to compete with Post-Your-RFP in its business.

14.7 Except for other agreements or terms appearing on the Web site, this Agreement set forth the entire understanding and agreement between us with respect to the subject matter hereof.
- I have read and accepted the Terms and Conditions.
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