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User Agreement

Welcome to the User Agreement for Confluent Forms LLC's "The RFP Database" found at www.rfpdb.com herein referred to as "The Database" or "Database". This agreement describes the terms on which you may access and use our services. In order to become a Database user, you must read and accept all of the terms and conditions of this agreement and the Privacy Policy. In the event of any inconsistency between the Privacy Policy and this User Agreement, the User Agreement shall control. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this Agreement, you may not use nor access our services.

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of The Database service indicates your acceptance of the amended User Agreement. Users cannot opt out of this information nor have it removed once they register.

Refund Policy

The Database will only refund credit where applicable at the discretion of Confluent Forms LLC and will not refund cash.

User Penalty

Without limiting any other section of this User Agreement, The Database may penalize users for use conduct in any way that Confluent Forms LLC deems inappropriate including, but not limited to, removing credits from a user's account or blocking the user's account.

Use of Service

Your use of The Database is governed by this User Agreement. Confluent Forms LLC may refuse service without prior notice to any user for any or no reason.

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. The Database cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Termination

You agree that Confluent Forms LLC may, with or without cause, immediately terminate your Database account and access to its website without prior notice. Without limiting the foregoing, the following will lead to a termination by Confluent Forms LLC of a user's use of The Database website and service:

  • breaches or violations of this User Agreement or other incorporated agreements or guidelines,
  • requests by law enforcement or other government agencies,
  • unexpected technical issues or problems, and
  • extended periods of inactivity.

Termination of your Database account includes removal of access to all offerings within The Database website and may also bar you from further use of The Database. Furthermore, you agree that all terminations shall be made in the sole discretion of Confluent Forms LLC and that Confluent Forms LLC shall not be liable to you nor any third-party for any termination of your account or access to The Database.

User Conduct

You understand and agree not to use The Database to:

  • Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable to Confluent Forms LLC.
  • Use The Database for any illegal purpose, including but not limited to conspiring to violate laws.
  • Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
  • Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) unless it is in the public domain.
  • Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
  • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk," "duplicates," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
  • Upload, post, email, transmit or otherwise make available any material using any name that Confluent Forms LLC disapproves of or believes to be fraudulent.
  • Upload, post, email, transmit or otherwise make available any material that 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.
  • Stalk or harass anyone.
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through The Database.
  • Post content in fields that aren't intended for that content. Example: Putting an address in a name or title field or putting a company name in the user's name field.
  • Interfere with or disrupt The Database website or servers or networks connected to The Database, or disobey any requirements, procedures, policies or regulations of networks connected to The Database.

International Use

Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Information Provided on this Website

In the course of using The Database service, users may provide information about themselves which may be visible to certain other users (see our Privacy Policy to learn more about information collected on this website). You understand that by posting materials on The Database website or otherwise providing materials to The Database, you are granting to Confluent Forms LLC a royalty-free, perpetual, irrevocable license to use this information in the course of offering The Database service. Furthermore, you understand that Confluent Forms LLC retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through The Database service is the sole responsibility of the person from which such content originated and that Confluent Forms LLC will not be liable for any errors or omissions in any content. You understand that Confluent Forms LLC cannot guarantee the identity of any other users with whom you may interact in the course of using The Database website. Additionally, we cannot guarantee the authenticity and integrity of any data which users may provide about themselves or submit to the website.

Access to Service

Use of manual or automated software, devices, or other processes to "screen scrape", or any other act of creating a program to crawl through The Database service and extract its data is strictly prohibited unless authorization is expressly granted by Confluent Forms LLC.

Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

Database Communications

In the course of providing you services, The Database may need to communicate with you via email. You agree to receive emails which are specific to your account and necessary for the normal functioning of The Database service. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through The Database service.

Monitoring and Enforcement

While we have the right to monitor activity and content associated with The Database website and service, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don't guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can e-mail us to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.

Indemnification

By accepting this User Agreement, you agree to indemnify and otherwise hold harmless Confluent Forms LLC, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from:

  • your use of The Database website and service;
  • unauthorized access to or alteration of your communications with or through The Database website and service, or
  • any other matter relating to The Database website and service.

Any business transactions which may arise between users from their use of The Database website and service are the sole responsibility of the users involved.

Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that Confluent Forms LLC may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of The Database, its users, and the public.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT THE DATABASE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT CONFLUENT FORMS LLC DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. CONFLUENT FORMS LLC ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. CONFLUENT FORMS LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

CONFLUENT FORMS LLC MAKES NO WARRANTY THAT (i) THE DATABASE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE DATABASE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE DATABASE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE DATABASE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE DATABASE 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.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CONFLUENT FORMS LLC OR THROUGH OR FROM THE DATABASE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Entire Agreement

The User Agreement constitutes the entire agreement between you and Confluent Forms LLC and governs your use of The Database website and service, superseding any prior agreements between you and Confluent Forms LLC.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CONFLUENT FORMS LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE DATABASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL CONFLUENT FORMS LLC'S TOTAL CUMULATIVE DAMAGES EXCEED US $100.

Governing Law

The User Agreement between you and Confluent Forms LLC will be governed by and construed in accordance with the laws of the State of Massachusetts without regard to conflict of laws principles.

Governing Forum

Any controversy between Confluent Forms LLC, its owners and/or employees and you as user of the site and services offered within and/ or provided within this site arising out of use of this site or services offered within this site regardless of the manner of resolution, shall be arbitrated, litigated (tried in a court of law), or otherwise resolved by a tribunal location in Hampshire County, Massachusetts.

General Information

The section titles of this User Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the User Agreement by contacting us.