Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
The Material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material contained therein placed by you on the Web Site.
The Company shall not be responsible for any decisions, for whatever reason, made by any entity positing on the Web Site.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR- FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN `AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATIONS, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
The Company does not screen communications in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications, which allegedly do not conform to this Agreement, The Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities.
The Company reserves the right to expel users and prevent their further access to the Web Site for violating this Agreement or the law and the right to remove communications, which are abusive, illegal, or disruptive.
The Web Site may contain links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
The User shall indemnify, defend and hold harmless Trouble Free Quotes L.L.C. and its employees, officers, directors, agents, affiliates, subsidiaries and independent contractors from and against any and all liability, loss, injury, claims, including Respondent Claims, costs, expenses, damages, attorney's fees, court costs, litigation expenses and related expenses ("Liabilities") which may be brought or asserted against Trouble Free Quotes L.L.C. by a person, company, or entity, including, but not limited to, other Users or third parties which are not parties to this Agreement (a "Third Party"), which Liabilities are based upon or arise, directly or indirectly, from (1) any performance or non-performance by the User under this Agreement or (2) any reliance upon or use by a Third Party or the User of any information or data provided or transmitted by the User through or during an Request for Quote Project.
The Company may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of the Web Site, for its internal business and marketing purposes and may disclose the information to third parties for such purposes.
The Company makes no claims that the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of Missouri, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts in St. Louis County, Missouri. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice," or Software License or material on particular Web pages, this Agreement constitutes the entire Agreement between you and the Company with respect to the use of Web Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of the Company.
This Agreement continues in force and effect during User's use of the Website. The license provided under this Agreement terminates upon the User's breach of any term or provision of this Agreement or upon Trouble Free Quotes L.L.C.'s revocation of the license.
THE RESPONDENT AGREES THAT ANY BID MADE IN A REQUEST FOR QUOTE PROJECT IS AN IRREVOCABLE OFFER TO THE SPONSOR TO PROVIDE THE PRODUCT OR SERVICES REQUESTED ON THE REQUEST FOR QUOTE. THE RESPONDENT REPRESENTS AND WARRANTS THAT THE RESPONDENT HAS THE AUTHORITY, WHETHER INDIVIDUALLY OR ACTING ON BEHALF OF AN ENTITY, TO PLACE A BID OR OTHERWISE RESPOND ON THE WEBSITE IN AN REQUEST FOR QUOTE PROJECT AND THAT THE RESPONDENT WILL NOT PROVIDE AN ALIAS, PLACE FALSE BIDS, MANIPULATE THE PRICING OR BIDDING FOR AN REQUEST FOR QUOTE, PROVIDE FRAUDULENT INFORMATION OR PROVIDE INFORMATION ON THE WEBSITE THAT IS NOT ACCURATE AND COMPLETE AS TO RESPONDENT'S CAPABILITIES. ALL BIDS ARE FINAL ONCE SUBMITTED AND MAY NOT BE RETRACTED UNLESS THE POSTED REQUEST FOR QUOTE CONTAINED A MATERIAL INACCURACY OR MISREPRESENTATION OR THE IDENTITY OF THE SPONSOR CANNOT BE AUTHENTICATED. IN THE EVENT OF A MISTAKE, RESPONDENT MUST CONTACT THE SPONSOR IMMEDIATELY VIA THE FORUM. HOWEVER, THERE IS NO GUARANTEE THAT A PURPORTED RETRACTION OF AN INCORRECT BID WILL PREVENT ACCEPTANCE BY THE SPONSOR OF THE INCORRECT BID. Trouble Free Quotes L.L.C. OR THE SPONSOR AND ITS SUPPLIERS ARE NOT RESPONSIBLE FOR BIDS NOT BEING PROCESSED OR NOT BEING ACCEPTED DUE TO TECHNICAL DIFFICULTIES. Trouble Free Quotes L.L.C. OR THE SPONSOR RESERVES THE RIGHT TO EXTEND ANY OR ALL LOTS IN PROGRESS AT ANY TIME AT ITS SOLE DISCRETION. UNLESS OTHERWISE STATED IN THE REQUEST FOR QUOTE, THE SPONSOR HAS THE OPTION TO CHOOSE ANY BID OF ANY OF THE BIDDERS PARTICIPATING IN A REQUEST FOR QUOTE PROJECT. IF THE RESPONDENT'S BID IS CHOSEN, THE RESPONDENT AGREES THAT THE FINAL TRANSACTION RESULTING FROM THE REQUEST FOR QUOTE PROJECT IS BETWEEN THE RESPONDENT AND SPONSOR, AND Trouble Free Quotes L.L.C. IS NOT A PARTY TO SUCH TRANSACTION. ALL SALES AND DELIVERY DISPUTES ARE TO BE SETTLED DIRECTLY BETWEEN THE RESPONDENT AND THE SPONSOR.
User shall be responsible for providing, at its expense, all communication lines, hardware, other software, services and other materials and technology necessary for the User to access the Website and the Servers. Trouble Free Quotes L.L.C. shall have no responsibility for any failure of such items or any failure or limitation of the Internet or other computer hardware or software.
Copyrights in all material provided under or as part of the Request for Quote Projects are owned and held by Trouble Free Quotes L.L.C. and/or Sponsor as the original creators of the Website and Request for Quote (the "Materials"). Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Trouble Free Quotes L.L.C. Permission is granted to display, copy, distribute and download the Materials for the purposes solely related to participating in the Request for Quote Projects, provided the User does not modify the materials and that the User retains all copyright and other proprietary notices contained in the materials. This permission terminates automatically if the User breaches any terms or conditions of this Agreement or if Trouble Free Quotes L.L.C. revokes the license to the User as granted herein. Upon termination of the license, the User must immediately destroy any downloaded or printed Materials. The User also may not, without Trouble Free Quotes L.L.C.'s prior written permission, "mirror" any material contained on this Website or on any other server. The User shall not reverse engineer, decompile, or disassemble the Website or communication protocol used by the Website. Any unauthorized use of any material contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Other product and company names mentioned herein may be trademarks and/or service marks of their respective owners.
a) Representations Regarding License and Server Access. Trouble Free Quotes L.L.C. represents that it has the full and unencumbered right to license the use of the Request for Quote Website and the right to grant User access to the content contained therein.
b) Disclaimer of Warranty.While Trouble Free Quotes L.L.C. uses reasonable efforts to assure the inclusion of accurate and up-to-date information on the Materials, Trouble Free Quotes L.L.C. makes no warranties or representations as to their accuracy. Trouble Free Quotes L.L.C. assumes no liability or responsibility for any typographical, data input errors, calculation errors or other errors or omissions in the content on the Materials. Trouble Free Quotes L.L.C. PROVIDES THE REQUEST FOR QUOTE WEBSITE, ITS SERVICES AND MATERIALS AS IS, WHERE IS, AND AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TROUBLE FREE QUOTES L.L.C. SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TROUBLE FREE QUOTES L.L.C. DOES NOT WARRANT (1) THAT THE WEBSITE OR ITS SERVICES WILL BE CONTINUOUS, UNINTERRUPTED OR SECURE, AND NOTIFIES THE USER THAT OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF TROUBLE FREE QUOTES L.L.C.'S CONTROL, (2) THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (3) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR (4) THAT THE CONTENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Disclaimer of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TROUBLE FREE QUOTES L.L.C. BE LIABLE FOR (1) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE INFORMATION OR MATERIALS ON TROUBLE FREE QUOTES L.L.C.'S WEBSITE OR SERVER OR ANY ERROR IN OR DEFICIENCY OF THE WEBSITE OR SERVER, EVEN IF TROUBLE FREE QUOTES L.L.C. OR AN TROUBLE FREE QUOTES L.L.C. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (2) ANY COSTS ARISING FROM THE USER'S OR OTHER THIRD PARTY USER'S USE OF MATERIALS FROM THE WEBSITE WHICH RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF ANY EQUIPMENT OR DATA OWNED BY THE USER, RESPONDENT OR ANY THIRD-PARTY. Trouble Free Quotes L.L.C. and its employees, officers, directors, agents, affiliates, subsidiaries and independent contractors shall not be liable to the User for any claims, causes of action, costs, expenses, damages or other liabilities of any nature which may arise from or be asserted against Trouble Free Quotes L.L.C. as a result of any dispute between a Sponsor and a Respondent, or otherwise between Users, arising directly or indirectly from an Request for Quote Project or any other dealings between the User and a Respondent or the Sponsor ("Respondent Claims").
Certain Users, including but not limited to the Sponsor, may have other agreements with Trouble Free Quotes L.L.C. in which Trouble Free Quotes L.L.C. grants licenses to that User to host or otherwise participate in Request for Quote Projects as well as to use Trouble Free Quotes L.L.C.'s software, Servers, Website or other proprietary information (the "Other Agreement"). With respect to any such User, in the event that any term or condition of the Other Agreement conflicts with any term or condition of this Agreement, the term or condition of the Other Agreement shall control.
Any and all claims or disputes under this Agreement including, without limitation, disputes as to the existence, validity, interpretation, enforcement, breach, or termination of the Agreement and the enforceability of this Arbitration provisions shall be resolved exclusively and finally by binding arbitration under the Code of Procedure of The National Arbitration Forum (the "Code") in effect at the time the claim is filed. Arbitration shall be conducted in St. Louis, Missouri. All proceedings, including discovery, shall be in accordance with the rules of the Code, subject, however, to applicable Missouri law both as to the content of the arbitration and the substantive law. Notwithstanding any choice of law provision included in this Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the laws of Missouri pertaining to the enforcement of arbitration awards. Hearings shall be held as provided by the Code and if any in-person hearing is required, it shall be held in St. Louis, Missouri. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.
The terms of this Agreement and the User's use of this Website and all other matters related hereto shall be governed, construed and interpreted by the laws of the State of Missouri, excluding its conflict-of-laws rules.
a) Entire Agreement. Except for the existence of an Other Agreement as provided in Section 15, this Agreement embodies the entire agreement relating to the subject matter hereof and supersedes any previous agreements or understandings in effect. If any part, term, or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over the subject matter of this Agreement, the validity of the remaining portion or portions shall not be affected thereby.
b) Headings. The headings used in this Agreement are for reference purposes only and shall not affect the construction or interpretation of this Agreement.
c) Surviving Provisions. The provisions of this Agreement, which by their nature call for a continuing obligation upon a party beyond the term, shall survive the termination of this Agreement.
d) Authority. The User represents the User, or the representative accepting this Agreement on behalf of the User, has full and complete authority to enter into and bind the User to this Agreement.