Date of Last Revision: 11 Aug 2008
Users of the Site are responsible for checking the accuracy, completeness, currency and/or suitability of all information. ProposalSpace makes no representations, guarantees or warranties as to the accuracy, completeness, currency or suitability of the information provided via the Site. ProposalSpace specifically disclaims any and all liability for any claims or damages that may result from providing the Site or the information it contains, including any Web sites maintained by third parties and linked to the Site.
The responsibility for content rests with the persons who are providing the information. The inclusion of links from this Site does not imply endorsement by ProposalSpace. ProposalSpace makes no effort to independently verify, and does not exert editorial control over, information on pages outside of the proposalspace.com domain.
ProposalSpace is not responsible or liable in any manner for any user content or third party applications, software or content posted on the Site, whether posted or caused by users of the Site, by ProposalSpace, by third parties or by any of the equipment or programming associated with or utilized in the Site. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any user content or third party applications, software or content. ProposalSpace is not responsible for the conduct, whether online or offline, of any user of the Site.
The Site may be temporarily unavailable from time to time for maintenance or other reasons. ProposalSpace assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. ProposalSpace is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to user's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site. Under no circumstances will ProposalSpace be responsible for any loss or damage, including any loss or damage to any user content or personal injury or death, resulting from anyone's use of the Site, any user content or third party applications, software or content posted on or through the Site or transmitted to users, or any interactions between users of the Site, whether online or offline.
THE SITE AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND PROPOSALSPACE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PROPOSALSPACE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR ANY APPLICATIONS. PROPOSALSPACE DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE OR ANY APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, ITS SERVERS OR ANY APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SITE AND ANY APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
ProposalSpace reserves the right to change any and all content, software and other items used or contained in the Site and any applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by ProposalSpace.
Limitation of Liability
IN NO EVENT WILL PROPOSALSPACE OR ITS DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SITE OR ANY APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF PROPOSALSPACE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PROPOSALSPACE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PROPOSALSPACE, BUT IN NO CASE WILL PROPOSALSPACE'S LIABILITY TO YOU EXCEED US$1,000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO PROPOSALSPACE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM PROPOSALSPACE, REGARDLESS OF THE CAUSE OF ACTION.
Users of the Site shall not upload to, or distribute or otherwise publish through, the Site any content that is libelous, defamatory, obscene, pornographic, abusive or violates any law or standards of public decency, or which contains viruses, "worms", "trojan horses" or any other harmful properties, or use the Site for, or to further, any illegal, unethical or immoral purposes. Users shall not post advertisements or solicit business on the Site.
As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You agree not to do the following things: post material that is copyrighted, unless you are the sole 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; or post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others.
ProposalSpace does not represent or guarantee the truthfulness, accuracy or reliability of any 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.
ProposalSpace 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 that allegedly do not conform to this Agreement, ProposalSpace may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communications. ProposalSpace has no liability or responsibility to users for performance or nonperformance of such activities. ProposalSpace reserves the right to expel users and prevent their further access to the Site for violating this Agreement or any laws and the right to remove any communications for any reason.
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Site to:
- harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
- use automated scripts to collect information from or otherwise interact with the Site;
- upload, post, transmit, share, store or otherwise make available any videos other than those that are: (i) of you or your associates, (ii) taken by you or your associates or (iii) original art or animation created by you or your associates;
- register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share 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;
- intimidate or harass another;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- use or attempt to use another's account, service or system without authorization from ProposalSpace, or create a false identity on the Site; or
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of ProposalSpace, is harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose ProposalSpace or its users to any harm or liability of any type.
Without limiting any of the foregoing, you also agree to abide by our Official Rules of Conduct, which provide further information regarding the authorized conduct of users of the Site.
Proprietary Rights in Site Content; Limited License
Use of Information Submitted
You agree that ProposalSpace is free to use any comments, information, designs, ideas or other content contained in any user-generated content posted by you to this Site, created by you while accessing the Site or contained in any communication you may send to ProposalSpace or submit to the Site, without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Site or other products or services.
Claims of Copyright Infringement
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 ProposalSpace infringe 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: (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 ProposalSpace 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 ProposalSpace a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to this Site should be sent to ProposalSpace at the address on our Contact Us page. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
ProposalSpace graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of ProposalSpace in the United States and/or other countries. ProposalSpace's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ProposalSpace.
Links to Other Sites
The 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 ProposalSpace of the contents on such Web sites. ProposalSpace is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of the materials on such sites. If you decide to access linked third-party Web sites, you do so at your own risk.
Changes to This Agreement
This Agreement may be modified only by ProposalSpace at any time without notice, and any such modification shall be effective immediately upon posting. By accessing and using the Site you agree to periodically review this Agreement and be bound by any modifications or amendments to earlier versions of this Agreement.
Your Use Responsibility
By accessing or using the Site, you assume any and all responsibility and risk of use of the Site and any products or services contained therein. ProposalSpace does not and will not guarantee, represent or warrant that the Site will meet your requirements. The information included in the Site may include technical or other inaccuracies or typographical errors. ProposalSpace does not review or substantiate any of the information, products, services or claims made on the Site.
You agree to indemnify and hold ProposalSpace, its subsidiaries and affiliates, and each of their directors, officers, members, managers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) any user content, any third party applications, software or content you post or share on or through the Site, (ii) your use of the Site, (iii) your conduct in connection with the Site or with other users of the Site, or (iv) any violation of this Agreement, the Official Rules of Conduct or any law or the rights of any third party.
We care about the privacy of our users. By using the Site, you are consenting to have your personal data transferred to and processed in the United States.
You agree to comply with all applicable laws, statutes, ordinances and regulations concerning your use of the Site.
You agree that ProposalSpace, in its sole discretion, may terminate your use of the Site immediately and without notice if ProposalSpace believes that you have acted inconsistently with the spirit or the letter of this Agreement.
These terms and conditions and the relationship between you and ProposalSpace will be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and ProposalSpace agree to submit to the personal and exclusive jurisdiction of the state and federal courts in Travis County, Texas.
The failure of ProposalSpace to exercise or enforce any right or provision under this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the these terms and conditions remain in full force and effect.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The parties to this Agreement are independent contractors. Neither party is an agent, representative, or partner of the other party. Neither party shall have any right, power or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture or partnership between the parties or to impose any liability attributable to such a relationship upon either party.