Terms and Conditions

  This is a legal agreement (“Agreement”) between you and RDC Marketing Dynamics doing business as RFPalooza.com (“RFPalooza.com” or “the Company”). The terms “you” and “user” as used in this Agreement refer to all individuals and/or entities accessing this website www.RFPalooza.com (the “Website”) for any reason. Please read the Agreement carefully before you register with RFPalooza.com. Once you have completed the registration process by clicking on the button that says, “I agree with Terms of Use,” you will become a registered member of RFPalooza.com (“Registered Member”), and you will be legally bound by the terms and conditions (“Terms and Conditions”) of this Agreement for the entire time you are a Registered Member, and possibly thereafter, to the extent permitted by law. Therefore, please do not register for RFPalooza.com’s service (“the Service”) unless and until you have read and  you agree to the Terms and Conditions.

  1. The Terms and Conditions may be modified by the Company at any time, effective upon posting on the Terms of Use area of this on the Website. Therefore, you should visit this area periodically to review these Terms and Conditions, because they are binding on you. By using the Website (or any part thereof) after such notice, you will be deemed to have accepted the changes in Terms and Conditions.
  2. You must be 18 years of age or older to use this Service, and by becoming a Registered Member, you represent and warrant that you are at least 18 years old.
  3. Your membership in the Service (“Membership”) is for your sole and personal use. You may authorize your employees and/or agents only to use your Membership for the Service. You may not assign or otherwise transfer your account to any other person or entity.
  4. The Company will maintain the confidentiality of your name, your address, your phone number(s), and your email address(es), in accordance with the Company’s Privacy Policy, which is incorporated by reference into these Terms and Conditions
  5.  By becoming a Registered Member,
    1. You will assume sole responsibility for the content or information you input, enter, publish, display or otherwise communicate in any manner (hereinafter, “post”) on the Website and/or transmit to other Registered Members.
    2. Except where expressly provided otherwise by RFPalooza.com, all comments, feedback, information, ideas or materials that you submit through or in association with the Website or the Service shall be considered non-confidential. By submitting such comments, feedback, information, ideas, or materials to RFPalooza.com, (i) You represent and warrant that the Company’s use of your submission does not and will not breach any agreement, violate any law, or infringe any third party’s rights; (ii) You represent and warrant that you have all rights to enter into this Agreement; (iii) You understand and agree that the Company is free to use in any manner all or part of the content of any such communications on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and (iv) You grant the Company all necessary rights, including a waiver of all privacy and moral rights, to use all comments, feedback, information, or materials, in whole or in part, or as a derivative work, without any duty by the Company to anyone whatsoever. You acknowledge that you are responsible for and bear all risk as to the use or distribution of any comments, feedback, information ideas, or materials.
    3. The Company expressly prohibits data mining and similar activities, including but not limited to the scraping of email addresses from any Company website (including all areas of this Site – member and non-member) and expressly opts out of receiving commercial electronic mail messages to the Company’s domain email address(e that were obtained in violation of the foregoing or by use of automatic address-generation software. Visitors to the Site and users of the Service shall not tamper, hack, spoof, copy, or otherwise defraud the Site or Service. You agree that you shall not use any robot, spider, scraper or other automated means to access the Service or the Site for any purpose without our express permission.
    4. You will refrain from posting on the Website, or transmitting to other Registered Members, or communicating in any way, material that is abusive, threatening, defamatory, embarrassing, harassing, hateful, indecent, illegal, inaccurate, obscene, offensive, profane, racially offensive, or sexually oriented, and/or material that infringes or otherwise violates the rights of another, including, but not to be limited to, intellectual property rights (copyright, trademark, patent, trade secret), rights of privacy, and rights of publicity.
    5. You will not promote or otherwise engage in spamming, nor will you take any action that may promote the physical harm or harassment of another person.
    6.  You will not provide information designed to exploit minors.
    7.  You will not provide any information about illegal activities, including, but not limited to, making or buying illegal weapons or illegal drugs, violating the privacy rights of another person, or creating or providing computer viruses.
    8. You agree to provide true, accurate, current, and complete information about yourself, including, but not limited to, your contact information and age, on your profile and all other areas of the Website, and when transmitting information to other Registered Members.
    9. You agree that your use of the Service will comply and be consistent with all applicable local, state, national and international laws and regulations, such regulations to include but not be limited to export control laws of the United States.  RFPalooza.com Membership and use of the Service is void where prohibited. No software from this Website may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any Country to which the U.S. has embargoed goods; or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
    10. You will not provide to RFPalooza.com or to any Registered Member any information that is false, inaccurate, or misleading. In the event that any information you provide to RFPalooza.com or to any Registered Member later becomes false, inaccurate or misleading, you will notify the Company promptly. If any information provided by you is untrue, inaccurate, not current or incomplete, RFPalooza.com has the right, but not the obligation, to terminate your account and to refuse to you any and all current and/or future use of the Service.
    11. You will not engage in any of the following activities:

(i)             soliciting or advertising to other Registered Members for the purchase or sale of any products or services;

(ii)           transmitting chain letters, junk email or spam, or viruses to other Registered Members

(iii)          impersonation of another person;

(iv)          deleting or revising any content or material posted by any other Registered Member, RFPalooza.com, or anyone else;

(v)           accessing data not intended for you and/or any user or logging into a server or account which you and/or any user is not authorized to access;

(vi)          attempting to probe, scan or test the vulnerability of the system or network or to breach the security or authentication measures of the Website without proper authorization, or

(vii)        forging any header, or any part of the header information in any email and/or newsgroup posting for any reason

12. You will not copy, display, distribute, modify, perform, post, publish, sell, or transmit, either in private or in public, any copyright protected material (whether or not identified as copyrighted), trademarks or other proprietary information without the prior written consent of the owner of the proprietary rights, nor will you create any derivative works from, distribute or reproduce in any way such copyright protected material, trademarks, or other proprietary information without the prior written consent of the owner of the proprietary rights.

7.The Company assumes no responsibility for your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, as these are independent third parties, not affiliated with, related to or sponsored by the Company. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of information you supplied to the advertisers, or as the result of the presence of such advertisers on the Website.

8.When using the links and other information provided through RFPalooza.com, you agree not only to review and follow any recommendations set forth on the Website, but also to take normal precautions, including but not limited to anti-virus and other computer protection.

9. You will assume sole responsibility for your interactions with agencies and others provided through links and/or listings on the Website and with other Registered Members.

10.You understand that RFPalooza.com does not make any guarantees, express or implied, with regard to the outcome of any contacts you make through RFPalooza.com. The Company does not control, investigate, monitor or check such websites, and is not responsible for the content in or opinions expressed at such websites. Neither does the Company investigate, monitor or check the content in or opinions expressed at such websites. The inclusion of a link on the Website does not imply approval or endorsement of the linked website by the Company. If you decide to leave the Website or Service and access any third-party websites, you do so at your own risk.

11.You will report to RFPalooza.com promptly any violation of the Terms and Conditions of this Agreement by other Registered Members.

12.RFPalooza.com reserves the right to monitor the materials posted in the public areas of RFPalooza.com, but assumes no obligation to do so. RFPalooza.com has and will have the right to remove any material that, in the sole opinion of RFPalooza.com, is alleged to violate any applicable law or this Agreement, in any way. You nonetheless will continue to have sole responsibility for the content of any material that you post in the public areas of RFPalooza.com and in the email messages that you send privately. RFPalooza.com will treat as private, to the extent permissible and required under applicable law, any email messages, sent by you to other Registered Members, that are not readily accessible to the general public.

13.You should not rely upon any advice, offers, opinions, statements or any other content or information made available through, but not directly by, the Company and/or RFPalooza.com. Such advice, offers, opinions, statements or other content or information are those of their respective authors. Such authors, and not the Company, are solely responsible for such content.

14.The Company does not guarantee the accuracy, completeness or usefulness of any information by the Service. The Company is not responsible for, nor does it adopt or endorse the accuracy or reliability of any opinion, advice or statement made by any party other than itself on RFPalooza.com. The Company is not responsible for any loss or damage that results from the reliance of anyone upon: (i) any information or other content that is posted on the Website, and/or (ii) any information or other content that is transmitted by or to any Registered Member(s) and/or unauthorized users (“Hackers”).

15. It is possible that other Registered Members or Hackers may post or transmit offensive or obscene materials on RFPalooza.com and, therefore, you may be involuntarily exposed to such offensive and obscene materials.  The Company assumes no responsibility and/or liability to you for such exposure.

16.Others may obtain personal information about you as a result of your use of the Service, and the recipient(s), either Registered Members or Hackers, may attempt to use such information to harass or injure you. The Company assumes no responsibility and/or liability for the use of any personal information that you disclose on the Website. Therefore, you will exercise care and caution in selecting the type of information that you post on the Website and/or release to others.

17. The Company owns and retains proprietary rights in and to the Website. The Website contains copyright protected material, trademarks, computer code and other proprietary information of the Company and/or its licensors and licensees.

18.When you post information and/or content to any public area of the Website, you automatically grant, and you represent and warrant, that you possess the right to grant, to the Company and other Registered Members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display and distribute such information and/or content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the information and/or content.

19.The Company does not grant warranties of any kind, express, implied, statutory or other, with respect to the Service. The Website and the Service are provided “as-is” and the Company disclaims specifically any implied warranties of merchantability, fitness for a particular purpose and/or non-infringement.

20. The Company provides no warranty that your use of the Service will be always available, free of errors, secure or uninterrupted, or that it will meet your requirements, nor does the Company provide any warranty that any defects in the Service will be corrected. The Company further disclaims liability for and disclaims grants to warranty with respect to, the connectivity and availability of the Service. The Company does not warrant that the Website and/or its server are free of computer viruses or other harmful mechanisms.

21.The Company shall not be liable for any incidental, special, consequential or indirect damages arising out of or relating to the use of or inability to use the Service, including, without limitation, damages to your computer hardware or software, damages for loss or corruption of data or programs, service interruptions, and procurement of substitute services, even if the Company has been advised of or has knowledge of the possibility of such damages. The Company’s aggregate liability shall under no circumstances, on any form of action whatsoever in connection with this Agreement, exceed the price paid by you for your Membership, or $44.95, whichever is greater.

22.The Company makes no representations or warranties regarding the conduct of Registered Members. The Company shall in no event be liable for any damages whatsoever, direct, indirect, general, special, compensatory, consequential, and/or incidental, that arise out of are related to the conduct of you or any other person(s) in connection with the use of the Service, including, without limitation, bodily injury, emotional distress, and/or any other damages that result from any communications or meetings with other Registered Members of this Service or any other person(s) through RFPalooza.com.

23.You will indemnify and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney fees) relating to or arising out of your use of the Service and/or the Website, including any breach by you of the terms of this Agreement.

24. To resolve a complaint regarding the Service, you should first contact the Company byemail (roger@rfpalooza.com).You may also contact via telephone at 917-991-1798.

25.You agree and acknowledge that you are responsible for maintaining the confidentiality of your confidential information, and of your password created upon registration on the Website.

26.A Registered Member may have only one membership on RFPalooza.com. The Company reserves the right but not the obligation to take any and all legal actions against any individual who attempts to have multiple memberships. You will be fully responsible for all uses of your registration and for any activity that occurs under your password or account, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration, account and/or password. If you are found to share your password with any other user, the Company may terminate your Membership immediately without notice and no refund of any membership/subscription fees and/or charges paid to date will be provided. The Company will investigate possible violations of system or network security and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. The Company may also terminate the membership of any Registered Member who the Company believes, in its sole judgment, to have violated its security provisions or any other provisions of this Agreement.

27.Your Membership may be terminated at any time by you for any reason or no reason, or without explanation, effective upon the sending of written notice to the Company. The Company may suspend or terminate immediately your access to the Service and/or the Website, without notice, if in the Company’s sole discretion it believes you have violated any section of this Agreement that is brought to the Company’s attention. You agree that if your access to the Service is suspended due to the breach of this Agreement, all fees paid at that time to the Company by you will not be refundable. Following any such termination, the Company reserves the right to send to other Registered Members with whom you have corresponded notice of your termination and the reason for the same.

28. The Company makes no claims that material from the Website may be lawfully viewed or downloaded outside of the United States. Access to such materials may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own risk, and are responsible for compliance with the laws of your jurisdiction.

29.ou agree that Connecticut law, regardless of conflicts of law principles, shall govern this Agreement. You agree that any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the Federal and State courts in the District of Connecticut, other than for action(s) to enforce any order or judgment entered by such court(s).

30. This Agreement, accepted upon registration for the Service, contains the entire agreement between you and the Company regarding the use of this Service and the Website. Unless otherwise explicitly stated, the terms will survive termination of your registration to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.


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