Terms Of Service

The Green RFP Terms of Use

 

Effective Date:  July 3, 2018

Thank you for using TheGreenRFP.com!

This website is operated and run by Pensive Technologies, LLC, d/b/a TheGreenRFP.com. These terms also apply to all affiliated websites. Throughout the site, the terms “we”, “us” and “our” refer to Green RFP. Green RFP offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Please read the following Terms of Service (“Terms” or “Terms of Service”) before you use our website because, by using our website, you are agreeing to be bound by these Terms. You also agree to be bound by any additional terms and conditions referenced herein and/or available by hyperlink.  These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
This Agreement incorporates the GreenRFP.com Privacy Policy which can be found at https://www.thegreenrfp.com/privacy-policy/

USE OF WEBSITE

You represent that by using this Site, you are at least 18 years of age, or are visiting under the supervision of a parent or guardian and are legally able to enter into a contract.  If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.

It is your duty to review these Terms of Use periodically. We reserve the right to change the Terms of Service or to change, modify or otherwise alter any part of this website at any time and for any purpose without notice. Your continued access or use of the website will be deemed as an irrevocable acceptance of any such changes.

All billing information provided to GreenRFP must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms. If any purchases are made through this website, you agree to accept and pay for the item(s) and/or services requested.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Content”) are intended solely for personal, non-commercial use. You may download or copy the Content and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Site or any related software. All software used on this Site is the property of GreenRFP or its suppliers and protected by U.S. and international copyright laws. The reproduction, modification, distribution, transmission, republication, display, or performance, of any of the Contents on this Site is strictly prohibited.

On the condition that you comply with all your obligations under these Terms of Use, we grant you a limited, revocable, nonexclusive, nonassignable, non-sublicenseable license and right to access the Site through a generally available web browser or mobile device to view content and information and otherwise use the Site consistent with its functionality and in accordance with these Terms of Use. Any other use of the Site is strictly prohibited and a violation of these Terms.

We may refuse service, cancel orders, terminate accounts and/or deny access to any or all parts of this Site if you engage in any conduct that we determine, at our sole discretion, violates these Terms of Use. We reserve the right to cancel orders if we suspect fraudulent activity.

USER ACCOUNTS

In order to access some features of the Site and Services, you will have to create a User Account and password. You cannot use someone else’s account without permission. It is your responsibility to keep your account information and password secure. When creating a User Account, you must provide us with accurate and complete information. You must notify us of any breach of security or unauthorized use of your account.

PAYMENTS AND FEES

In order to use GreenRFP’s paid Services, you agree to pay to GreenRFP any and all fees for the Services purchased or used in accordance with the pricing and payment terms presented to you at the time of purchase. All payments and fees are non-refundable.

For subscription services, you will be billed in advance on a one-time annual basis (“billing cycle”). There will be no refunds if you choose to stop using our products and/or services before the end of the billing cycle.

GreenRFP reserves the right to change the fees charged for the Services at any time. For Services billed on a subscription basis, any changes to fees will become effective at the end of the then-current billing cycle of your subscription. You will be given written notice of any change in fees.

Any RFP and Content credits purchased have an expiration date which is 12 months after purchase. RFP and Content credits are non-refundable.

SITE SECURITY

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. GreenRFP will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from GreenRFP on this Site and other than generally available third-party web browsers.

YOUR CONTENT

Except for the rights you grant to us in this Agreement, you retain all right, title and interest in the content and data you submit to the Service (“Your Content”). You represent and warrant to us that you either own all rights (or have obtained all licenses, consents or permissions) necessary to submit Your Content to the Service, and you agree not to submit content that infringes or misappropriates the intellectual property rights or other proprietary rights of any third parties, including their rights of privacy and publicity.

When you enter Your Content onto our website, you grant us a non-exclusive, royalty free, worldwide license to use Your Content in order to make the Service and its features available in accordance with the online documentation we provide for the Service, including by displaying it to other users with whom you share your RFPs and making it available for download and modification by other users with whom you share RFPs.

 

INTELLECTUAL PROPERTY

The website and services and all materials contained therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and user content, and all Intellectual Property Rights related thereto, are the exclusive property of GreenRFP and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under, any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the website.

Except as expressly provided elsewhere by this website, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this website, except that you may access and display material and all other content displayed on this website for non-commercial, personal, entertainment use on a single computer only. Without limiting the generality of the foregoing, you may not distribute any part of this website over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Except as expressly provided elsewhere by this website, any authorization to copy material granted by GreenRFP in any part of this website for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, is subject to your keeping intact all copyright and other proprietary notices and use of any material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this website into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

DMCA NOTICE

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by GreenRFP infringe upon your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A):

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Indeed to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send GreenRFP a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices should be sent in writing to [email protected]. Subject: Copyright Notice. Please be aware that there are penalties for false claims under the DMCA.

INDEMNIFICATION

You agree to indemnify and hold harmless GreenRFP and its principals, shareholder, agents, officers, directors, consultants, subsidiaries, licensors, and employees from any and all claims, damages, obligations, payments, deficiencies, fines, judgments, settlements, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney’s fees) arising from or relating to: (I) any third-party claim, suit, action or proceeding arising out of the breach of  Green RFP’s representations and warranties contained herein; (ii) your use and access to any of GreenRFP’s services, including any data or content transmitted or received by you; (iii) your violation of any term of this Agreement; or (iv) your violation of any third-party right, including without any limitation, any rights of privacy or intellectual property rights.

DISCLAIMER OF WARRANTIES

THIS SITE IS PROVIDED BY GREENRFP ON AN “AS IS” AND “AS AVAILABLE” BASIS. GREENRFP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW. THEGREENRFP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, GREENRFP DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE GREENRFP WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL GREENRFP OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE GREENRFP WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF GREENRFP HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL GREENRFP BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

 

GOVERNING LAW

These Terms shall be governed by and construed under Texas law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Terms or your use of this Site must be brought in the state or federal courts of Texas in Dallas County and you consent to the exclusive personal jurisdiction of such courts.

TERMINATION

These Terms of Use will remain effective until terminated by either GreenRFP or you. You may terminate this Agreement at any time by ending your use of the site and any use of our products or services. GreenRFP may terminate these Terms at any time at their discretion for any reason.

GENERAL

 

These Terms represent the complete agreement between the parties and supersede all prior agreements and representations between them.

Headings used in these Terms are for reference purposes only and in no way define or limit the scope of the section.

If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms shall remain in full force and effect.

The failure of GreenRFP to act with respect to a breach of these Terms does not constitute a waiver and shall not limit GreenRFP’s rights with respect to such breach or any subsequent breaches.

NOTICES

GreenRFP may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Green RFP in its sole discretion. GreenRFP reserves the right to determine the form and means of providing notifications to our customers. GreenRFP is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

Under California Civil Code Section 1789.3, California users of the website receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

 

CONTACT

Any inquiries about your rights under these Terms, or any other matters regarding your privacy, can be directed to [email protected]