TERMS OF USE
The following terms and conditions ("Terms of Use") constitute an agreement between Rehurricane Enterprises, LLC doing business as The RFP Success Company, ("RFP Success"), and you (“You” or the “User”) that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by RFP Success, located at https://www.therfpsuccesscompany.com ("Website"). The Website permits visitors to access, use and purchase products and content, including online courses, online learning sessions, lectures, written publications and materials and to obtain individualized consulting and support services related to requests for proposals, and personal, professional or master certifications (the “Service”) through RFP Success and its facilitators and team members (the “Group”).
Your access or use of the Website and Services indicates your acknowledgment that you have read, understand, and agree to be bound by these terms and conditions and to comply with all applicable laws, and constitutes your acceptance of, and agreement to, the following Terms of Use. RFP Success reserves the right, without notice to you, to modify, alter, amend or update these Terms of Use and any information contained on its Website. If you do not agree with or do not accept these Terms of Use, or any part thereof, you must not use the Website.
THE SERVICE
Modifications to the Service: RFP Success may make improvements or changes in the products, programs or other Services described and offered on the Website at any time without notice. Except to the extent a user has purchased a particular Service for a stated period of time, RFP Success reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that RFP Success will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any part of the User Account (as defined below) for any period of time beyond what may be required by applicable law or by an individual service agreement with RFP Success.
Service Purchase Terms: RFP Success requires payment in full, or in accordance with any offered pricing or payment plan, before you will obtain access to your purchased Services. RFP Success does not issue refunds for any purchases made on the Website. However, if you are dissatisfied with a purchase and/or the Service and would like to offer feedback to RFP Success, you may do so by emailing contact@rfpsuccess.com with the subject line “Feedback.” In the event you wish to cancel a Service, while RFP Success will not issue a refund, if you notify RFP Success at that e-mail address within three business days of your purchase, you may apply the purchase price to any other Service offered by RFP Success.
Fees: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide RFP Success or its third-party payment provider with valid information regarding your credit card or other payment instrument. You represent and warrant that such information is true and that you are authorized to use the payment instrument. You will promptly update your User Account information with any changes related to your billing information as necessary (for example, a change in your billing address or credit card expiration date). You agree to pay the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service agreement. You hereby authorize RFP Success or its agent to bill your payment instrument in advance in accordance with the terms of the applicable payment plan until your Services agreement is terminated or has otherwise ended and the amount due is paid in full. You agree to pay any charges so incurred and agree to waive the right of chargeback or otherwise to seek a refund from your bank or credit card company. If you dispute any charges you must let RFP Success know within thirty (30) calendar days after the date that RFP Success charges you. Except to the extent a particular product has already been purchased for a specified time period, RFP Success reserves the right to change the price of the Services offered, without notice to you. If you decline to continue your use of the Services after an applicable price change, you must cancel your User Account. Your continued use of the Service after a price change becomes effective constitutes your agreement to pay the new amount.
IN ACCORDANCE WITH RFP SUCCESS’S NO-REFUND POLICY, NEITHER YOUR CANCELLATION OF YOUR USER ACCOUNT, YOUR TERMINATION OF ANY SERVICE NOR LACK OF PARTICIPATION IN AN RFP SUCCESS PROGRAM, INCLUDING AN ONLINE COURSE, ENTITLES YOU TO ANY REFUND OR RELIEVES YOU OF THE OBLIGATION TO PAY AMOUNTS THEN DUE OR THOSE AMOUNTS WHICH YOU HAVE ALREADY AGREED TO PAY WITH RESPECT TO THAT SERVICE(S).
Make-ups for missed sessions may be scheduled in the sole discretion of RFP Success.
CONDITIONS OF USE OF THE SERVICE
License for Use: The Service, and any content viewed through the Service, are solely for your own use and development and not to be commercially distributed. With your purchase of RFP Success Services, and any content viewed through the Service, RFP Success grants you a limited, non-exclusive, non-transferable, license to access your purchased Services and view the content through the Site. Except for the foregoing limited license, no right, title or interest shall be transferred to you. The use authorized under this agreement is non-commercial in nature (e.g., you may not sell the content you access on or through this Website). All other use of this site is prohibited. Unless otherwise expressly authorized herein or in a particular agreement for the Service or User Account, or with the express permission of RFP Success, you agree not to share, display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service, or use content from this Website on another website or in any other media. Your failure to comply with such terms or any of the terms on this Website will result in automatic termination of any rights granted to you without prior notice.
User Registration Obligations: You may be required to register with RFP Success in order to access and use certain features of the Service (“User Account”). If you choose to create a User Account, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the registration form, and update your User Account information as necessary. Registration data and certain other information about you are governed by our Privacy Policy, set forth below. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.
User Account, Password and Security: You may only use and access your own User Account, and you may not provide another person with the username and password to access your User Account or the content and Services accessible through the User Account’s access. You may not impersonate another user or otherwise manipulate identifiers for the purpose of disguising content you transmit. You are fully responsible for any and all activities that occur under your password or User Account. You agree to (a) immediately notify RFP Success of any unauthorized use of your password or User Account or any other breach of security, and (b) ensure that you exit from your User Account at the end of each session when accessing the Service. RFP Success will not be liable for any loss or damage arising from your failure to comply with this Section, or unauthorized purchases made in your account without your permission. You acknowledge that RFP Success reserves the right to terminate User Accounts that are inactive for an extended period of time or that engage in behavior prohibited by these Terms of Use. You further acknowledge that RFP Success reserves the right to change these general terms and limits at any time, in its sole discretion, with or without notice.
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“User Content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service or on the Website and all such material shall be legal and appropriate content, and uploaded with mature discretion. RFP Success reserves the right to investigate and take appropriate legal action against anyone who, in the sole discretion of RFP Success, violates this provision, including without limitation, removing the offending User Content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service for any improper purpose, including but not limited to: (a) email or otherwise upload any User Content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of RFP Success, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose RFP Success, its Group members or its users to any harm or liability of any type; (b) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (c) violate any applicable local, state, national or international law, or any regulations having the force of law; (d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (e) solicit personal information from anyone under the age of 18; (f) harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (g) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; (h) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or (i) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
INTELLECTUAL PROPERTY RIGHTS
Service and Website: RFP Success owns all rights in (1) the Website and the Service (2) any technology associated with the Website and/or the Service, and (3) RFP Success’s trademarks and any goodwill, derivative works, improvements and/or intellectual property associated with either the Website or the Service. User will not copy, modify, distribute, sell, lease or otherwise share the Website and/or Service or any part thereof or attempt to unlock or bypass any encryption or other protections used by RFP Success without the express written consent of RFP Success. User acknowledges that the Website and/or Service constitutes RFP Success’s trade secrets, intellectual property and confidential information. User will not use any such information to duplicate the Website and/or Service or the results of the Website and/or Service or to develop a similar service, or to enable any third party to do any of the foregoing. User shall not develop or use any alternative service that creates, displays or sells content substantially similar to the Website and/or Service. Any violation of this provision shall be deemed to be an infringement of RFP Success intellectual property and may result in termination of your User Account at the sole discretion of RFP Success and/or taking any legal action that RFP Success may deem necessary.
You must not use the Website and/or Service in a way that causes, or may cause, damage to the Website and/or Service or impair the availability of access to the Website and/or Service. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website and/or Service, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website and/or Service to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software. Any rights not expressly granted herein are reserved by RFP Success.
Copyright: Unless otherwise noted, the design, content and all components of the Website and Services are copyrights owned by RFP Success or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission. All text, blog posts, comments, articles, how-to guides, photographs, video, graphics, training materials, deliverables, assessments, reports, and other information, in any form or medium, or unless cited otherwise by RFP Success (collectively, the “Content”) is owned by RFP Success and protected by copyright law.
You may use the RFP Success Content for your noncommercial use, and you may download or print a copy of the Content provided you do not remove any trademark, copyright, or other notice from such RFP Success Content. Your use of this Content does not make you a representative, agent or authorized facilitator of RFP Success Content, and you may not hold yourself out as such.
You further agree that Content that RFP Success creates in the course of performing its Services for you shall not be considered “works made for hire” and RFP Success shall be the exclusive owner of any such work subject to your license to use the work product, so long as the fee is paid in full. You hereby irrevocably assign all rights, title, and interests in such work product to RFP Success as its sole and exclusive property. These rights assigned herein shall not lapse on account of non-exercise of the rights.
All other uses are expressly prohibited without the prior written consent of RFP Success. Such prohibited uses include, but are not limited to, republishing any portion of the Content, modifying or creating derivative works from the Content, entering the Content into a database, distributing any Content to others whether for payment or other consideration, decompiling, reverse engineering, disassembling any software or other products or processes accessible through the Website, inserting any code or product into the Website, or data mining, data gathering, or other extracting.
Notwithstanding the foregoing, unless otherwise agreed to by RFP Success in writing, you may link to this Website on the condition that the link does not visually impair the presentation or appearance of this Website, misrepresent your relationship with RFP Success, imply the unauthorized endorsement of RFP Success, present false, denigrating or misleading impressions about RFP Success or otherwise damages the goodwill associated with the RFP Success name or trademarks. As a further condition of being permitted to link to this site, you agree that RFP Success may at any time, in its sole discretion, terminate permission to link to this Website. In such event, you agree to immediately remove all links to this Website and to cease any related use of RFP Success trademarks.
Trademarks: The RFP Success name and logos are trademarks and service marks of RFP Success (collectively the “Trademarks”) and may not be used in connection with any product or service that is not part of the RFP Success brand, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits RFP Success.
Other product and service names and logos used and displayed via the Service and/or the Website may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to RFP Success. Any third party material, service or software (e.g. Slack and Live Chat widgets) made available on the Website is governed by that product’s licensing, terms, conditions, and notices.
Nothing in this Terms of Use or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of RFP Success Trademarks displayed on the Service and/or the Website, without our prior written permission in each instance or as may be specifically described herein. All goodwill generated from the use of RFP Success Trademarks will inure to our exclusive benefit.
By using the Website and the Service(s), you acknowledge that any violation of the rights of RFP Success to its intellectual property as expressed herein will cause RFP Success to suffer irreparable harm for which RFP Success will not have an adequate remedy at law. RFP Success shall be entitled to injunctive relief, without bond, including but not limited to temporary restraining orders and/or preliminary or permanent injunctions, to restrain any violation or threatened violation. RFP Success’s right to injunctive relief shall be in addition to, and not in lieu of, any other legal or equitable remedies that may be available to RFP Success, including but not limited to monetary damages to the extent they are calculable. If RFP Success prevails in obtaining any form of injunctive relief, it shall be entitled to recover its costs, including reasonable attorney’s fees. Any action for injunctive relief shall be brought exclusively in the courts located in or having jurisdiction over Maricopa County, Arizona.
SITE CONTENT
User Content: You represent and warrant that you own all right, title, and interest in and to User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant RFP Success, its affiliated companies, and partners a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).
Any content you contribute to the Website, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third party's legal rights, and must not be capable of giving rise to legal action whether against you or RFP Success or a third party.
RFP Success reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on the servers of RFP Success; or, (iii) hosted or published on the Website. RFP Success takes no responsibility and assumes no liability for any content posted by you or any third party.
Notwithstanding the rights of RFP Success under the Terms of Use, RFP Success does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (“Submissions”), provided by you to RFP Success, its affiliated companies or partners are non-confidential and RFP Success, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that RFP Success may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of RFP Success , its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Comment Policy: The Website offers the option for you to leave comments, engaging with the Website's posts. The following types of comments will not be tolerated and may be deleted in the sole discretion of RFP Success, without any explanation due to you if your comment was determined to be in violation with this policy:
harassment directed toward RFP Success, any content creator or user;
spam;
hate speech;
disparaging or defamatory to RFP Success or any third party;
reference illegal acts; or,
violate the legal rights of a third party.
Recording of online classes, certification classes, and individual sessions: Classes/session (s) may be recorded by RFP Success. These recordings, in whole or in part, or transcriptions of them, may be used as marketing material to promote or create future products. By participating in the classes and sessions, Client is consenting to recording and public distribution of the recordings and granting a worldwide perpetual license to use Client’s name and voice, for such purposes without future compensation. Any future proceeds of these materials are the exclusive rights of Company.
Access to Private Slack Channel: Certain online courses, certification programs, and Services provide the User access to a private RFP Success Slack channel for one year. All Users are subject to the RFP Success Community Slack Channel Rules (the “Channel Rules”) which may be found on this Website as Exhibit A, and include but are not limited to the behavioral standards and content policies for comments, and other Website and program participation standards expressed in this Terms of Use agreement. RFP Success reserves the right to terminate any User from any RFP Success Slack Channel, at any time, at the sole discretion of RFP Success if that User violates the Channel Rules. User access cannot be transferred or shared with any other third party. To join the Slack channel, you may have to create an account with Slack. By signing up for a Slack account and agreeing to the Terms of Use, you agree that RFP Success will not be liable or responsible for any issues arising from use of the Slack service. All questions and issues related to the Slack service should be directed to Slack. You may also be subject to Slack’s terms and conditions, licensing, and privacy policy.
CONFIDENTIALITY
In some instances, such as in the case of individual customized Services and certain online courses and certification programs, you will share your business information. Unless you delineate in writing which business data is confidential and the terms of non-disclosure, and RFP Success agrees thereto in writing, you should not expect that the information you provide will be held as strictly confidential. In the event RFP Success is subpoenaed or otherwise commanded by lawful process to disclose information, you agree that you will defend, indemnify and hold RFP Success harmless of and from any liability or claims arising from such disclosures. All course and session notes, correspondence, and other documents, writings or other User Content shall remain the sole and exclusive property of RFP Success.
TERMINATION OF USER ACCOUNT BY RFP SUCCESS
You agree that RFP Success, in its sole discretion, may suspend or terminate your User Account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if RFP Success believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. RFP Success 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 this Terms of Use may be effected without prior notice, and acknowledge and agree that RFP Success may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that RFP Success will not be liable to you or any third party for any termination of your access to the Service. As per the no-refund policy, termination of your account by RFP Success does not entitle you to a refund or relieve you of your obligation to pay any amounts due.
USER DISPUTES
You agree that you are solely responsible for your interactions with any other user in connection with the Service and RFP Success will have no liability or responsibility with respect thereto. RFP Success reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER USER IN PERSON. RFP SUCCESS DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS USERS. IN NO EVENT SHALL RFP SUCCESS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY USER'S CONDUCT IN CONNECTION WITH SUCH USER'S USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN USERS.
AFFILIATE MARKETING AND FTC DISCLOSURE
From time to time, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.
RFP Success is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and links to Amazon.com.
From time to time, the Website may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with RFP Success to create content featuring certain messages or product placement. Pursuant to the FTC's requirements, all such advertisements on the Website are clearly and conspicuously disclosed.
Even though compensation (e.g., cash, free product, or services) is received in exchange for this sponsored content placement, RFP Success gives its honest opinion, findings, believes, or experiences in such content. All views expressed on the Website are those of the content creator. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.
DISCLAIMER
RFP Success makes no guarantees regarding the results that you will see from using the information provided on the Website and through the Service.
The Website disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website. The Website assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website. By obtaining a User Account, you agree that RFP Success’ liability is limited to the monetary amount you have paid to RFP Success. RFP Success shall not be liable to you for lost profits or other consequential damages.
From time to time, this Website may contain technical inaccuracies or typographical errors, and we do not warrant the accuracy of any posted information or guarantee the results. Please confirm that you are using the most up-to-date pages on this Website, and confirm the accuracy and completeness of information before using it to make decisions relating to services, products, or other matters described on the Website. There is no guarantee that you will see positive results in your business using the techniques and materials provided on the Website and through the Service. We assume no responsibility for your decisions or for policies or practices that you implement based on our Services and the information on the Website.
Any statements related to income or earnings potential on the Website and through the Services are examples of what may be possible in the future. Again, we make no guarantees regarding results, present or future. We are not responsible for your earnings, income, sales, receipt of funding or any other performance as a result of the actions you take based upon the information provided on the Website or through our Services. We will provide our best efforts and information, but you are responsible for the results.
You further agree that the Services and Website provide neither accounting, legal or tax services nor therapy, mental health care or any other kind of health care, legal or financial training and you agree not to use RFP Success as a substitute.
TAKEDOWN REQUESTS
From time to time, the Website will publish posts with images from other third party websites. Any such use is intended considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to contact@rfpsuccess.com.
COMMUNICATION
If you send RFP Success an email, register to use the Website or provide your email to RFP Success in any other way, you consent to receive communications from RFP Success electronically. You agree that all legal notices provided via electronic means RFP Success satisfy any requirement for written notice.
THIRD PARTIES
The Website may contain links, access or references to third party websites that are not governed or controlled by RFP Success. Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. Your use of a third party site represents and warrants that you have read and agree to be bound by all applicable terms of use and policies for any third party website that relates to your use of the Website. RFP Success makes no representations, warranties or other commitments about third party resources and assumes no control or liability over the content of any third party sites. You are responsible for your own precautions to protect yourself from computer viruses and other potentially destructive programs, and to protect your information.
Further, RFP Success is not a party to or responsible for any transactions you may enter into with third parties, even if you are linked to or learn of such parties from this Website or if the third party site contains the logo or markings of RFP Success. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold RFP Success harmless from any and all liability in any dispute.
NO WARRANTIES
The Website and Services are provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied. RFP Success makes no representations or warranties in relation to the Website or the information and materials provided therein, and you are responsible for the results.
RFP Success makes no warranty that the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. RFP Success is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. (SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.)
LIMITATION OF LIABILITY
RFP SUCCESS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, ARISING FROM OR RELATED TO THE WEBSITE OR SERVICES, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR A THIRD PARTY WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT ANY LIABILITY OF RFP SUCCESS UNDER THIS TERMS OF USE AGREEMENT OR OTHERWISE IN RELATION TO THE WEBSITE OR SERVICES OF RFP SUCCESS IS LIMITED TO THE MONETARY AMOUNT YOU HAVE PAID TO RFP SUCCESS.
IN THE EVENT OF SUCH A DISPUTE BETWEEN YOU AND RFP SUCCESS, IF RFP SUCCESS IS THE PREVAILING PARTY IN ANY PROCEEDING OR RECEIVES A FAVORABLE AWARD IN ARBITRATION, RFP SUCCESS SHALL BE ENTITLED TO RECOVER FROM YOU ITS COSTS, INCLUDING REASONABLE ATTORNEY’S FEES.
INDEMNITY
You agree to defend, indemnify and hold RFP Success, its members, employees, officers, managers, Group and other agents and representatives harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys' fees and expenses) which RFP Success suffers as a result of third party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; (iv) disclosure, in the event RFP Success is subpoenaed or otherwise commanded by lawful process to disclose information; or (v) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
ARBITRATION
The parties agree that the Terms of Use agreement is entered into in the state of Arizona where RFP Success maintains its principal place of business. The Terms of Use will be governed and construed in accordance with the laws of the State of Arizona without regard to its conflict of laws. Except with respect to claims for equitable relief by RFP Success, any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, related to a transaction for Services purchased on the Website or otherwise obtained from RFP Success, or arising from use of this Website or any other site connected thereto, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Maricopa County, Arizona. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. The parties shall equally pay the costs of the arbitrator. If RFP Success receives a favorable arbitration award, it shall be entitled to recover its costs, including reasonable attorney’s fees.
FORCE MAJEURE
RFP will not be liable to you for failure to perform its obligations hereunder if and to the extent that such failure to perform results from causes beyond its control, including and without limitation: weather; failures or fluctuations in electric power, heat, light, air conditioning or telecommunication equipment including this Website; strikes, lockouts, or other industrial disturbances; civil disturbances and shutdowns; acts of war; acts of terrorism; fires; or acts of God.
MISCELLANEOUS PROVISIONS
If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable, provided that such unenforceability does not materially affect RFP Success’s rights under this Terms of Use. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
The Terms of Use may not be assigned by you without the prior written consent of RFP Success, however, the Terms of Use may be assigned by RFP Success in its sole discretion.
The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by RFP Success.
All notices with respect to the Terms of Use must be in writing and may be via email to contact@rfpsuccess.com for RFP Success and to your email address.