These terms and conditions (hereinafter, the “Agreement”) govern all use of the internet website located at https://www.rfxanalyst.com (hereinafter, the “Site”) and the products and services available at the Site (taken together with the Site, the “Service”). In this Agreement, “You” or “Your” means the person accepting this Agreement and the company (if any) on whose behalf he/she is acting, and “We,” “Us,” “Our,” or “RFx Analyst” means RFx Analyst, Inc., of 34231 Camino Capistrano, Suite 207, Dana Point, CA. 92624. By using or accessing any part of the Service, You agree that You are at least eighteen (18) years old and have read, understand, and agree to be bound by all of these terms and conditions. If You do not agree to all of these terms and conditions, You must not use or access the Service. If You are entering into this Agreement on behalf of a company, You represent that You have the authority to bind that company to the terms of this Agreement. We reserve the right, in Our sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. Your continued use of the Service following the posting of any changes to this Agreement constitutes Your acceptance of those changes and You are responsible for reviewing those terms as We notify You about them. Some products or services that become available at the Site may be subject to additional or different terms and conditions, and if those additional terms and conditions conflict with this Agreement, those additional terms and conditions will control.
Accessing the Service; Use of the Service.
You warrant that you shall use the Service solely for Your business purposes, subject to the terms and conditions of this Agreement.
In order to use the Service, You are required to register with RFx Analyst and select a password. You are responsible for maintaining the confidentiality of Your RFx Analyst password and other account information. You agree that the information You provide RFx Analyst will be accurate, complete, and up to date, and if We determine that the information does not meet those standards, or if You violate any of these requirements, We may immediately terminate the Agreement for Your breach and/or suspend Your use of the Service.
RFx Analyst provides the Service only. You are responsible for providing any and all resources that You require in order to access and use the Service, including without limitation internet access and computer hardware.
All features of the Service are offered on either an as-used basis or a subscription basis. You are responsible for paying the applicable prices for each service you elect to use. Some of the Services, such as monthly User subscription fees, are payable in advance. Other Services, such as consulting and additional research fees are payable in arrears.
All fees associated with using the Service are specified in the Fee Schedule, which is available via the internet at https://www.rfxanalyst.com/pricing. We may offer alternative fee structures, discounts, coupons or incentives, at our sole discretion and for any reason, but we are under no obligation to offer such alternatives to all users. The actual price You will pay for the Services shall be the price listed in the Billing section of your account or by other agreement.
An “User” is an individual presentative who will use and access the Service on Your behalf. Users may access and use all features of the Service for an unlimited amount of time each Month, without limitation.
You may choose whether you are billed by the month, calendar quarter, or calendar year (each a “Subscription Period”). Fees for each User shall be charged on the first day of each Subscription Period via the credit card that You provide prior to the beginning of each Subscription Period. If the credit card information You have provided is incorrect or incomplete, or We are unable to complete a transaction due to Your error or omission, We will attempt to contact You and inform You of the problem. If the problem is not corrected within fifteen (15) days, it will be considered a breach of the Agreement and We will terminate Your account. You will receive an email receipt upon each credit card charge, unless You and RFx Analyst have agreed otherwise.
If You choose to add a User during a Subscription Period, any incremental cost will be prorated over the remaining term of the applicable Subscription Period and charged to Your credit card.
Except as provided in this Agreement, all fees pre-paid by You are non-refundable. If You have chosen to be billed quarterly or annually, You will receive a partial refund of the fees You pre-paid if We terminate any of Your Subscriptions for any reason other than Your breach of this Agreement. Your refund will consist of all pre-paid fees for each complete Month remaining in Your Subscription Period. You will not receive a refund for any portion of the Month in which We terminate this Agreement.
You are responsible for all taxes, duties, and other governmental assessments associated with Your activity in connection with the Service, whether or not You choose to purchase a Subscription from RFx Analyst.
Content and Data
Data within the Service is sourced from government agencies, company websites, and social media. By using our Services, you expressly acknowledge that you have read and understood how we collect our Data and the limitations of our Data. The majority of data in the Service is created by the Service search engine which finds and classifies opportunities and using advanced logic, including artificial intelligence. Our search engine attempts to extract, structure and merge data from multiple sources. This extraction and merging logic is not perfect and is subject to errors and omissions. To the extent that it is an accurate extraction and correct interpretation and classification of the information published on a government or organization’s website, it was only correct at the time our engine last crawled the site and may have changed.
By using our Services, you expressly acknowledge that you have read and understood how we collect our Data and the limitations of our Data.
Appropriate Usage of the Services
You shall not, nor permit any other party to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service (except that this restriction will not apply to the limited extent Your local law prohibits restrictions on reverse engineering); (ii) modify or create derivatives of any part of the Service; (iii) rent, lease, or use the Service for timesharing or service bureau purposes, or otherwise use the Service for any commercial purpose; or (iv) remove or obscure any proprietary notices on the Service. RFx Analyst (and not You) owns all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof.
You shall not use any “deep-link”, “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm or methodology, or any similar manual process, to access, acquire, copy or monitor any portion of the Service or any Content (as that term is defined in Section 4 below), or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain (through any means) any materials, documents or information that are not purposely made available as part of the Service.
You shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any RFx Analyst server, or to any of the services offered on or through the Service, by hacking, password “mining,” or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, and You shall not breach the security or authentication measures on the Service or any network connected to the Service.
You shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or RFx Analyst’s systems or networks, or any systems or networks connected to the Service or to RFx Analyst.
You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service.
You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmission You send to RFx Analyst on or through the Service. You shall not, in connection with the Service, pretend that You are any other individual or entity.
You shall not use the Service or any Content for any purpose or in any manner that is unlawful, including without limitation, in any manner which violates the export or trade controls of the U.S. or any other country or prohibited by this Agreement, or which infringes the rights of RFx Analyst or others.
Your use of the Service is subject to all applicable local, state, national and international laws and regulations. Without limitation, you represent and warrant and agree to not use the Service to upload, post, transmit, share, store or otherwise make available:
any content or Item that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any similar form of solicitation;
any unauthorized private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
any content or Item that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
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;
any content or Item that is illegal under or otherwise violates or fails to comply with any local, state, national or international law or would constitute, encourage or provide instructions for a criminal offense, or violate the rights of any party (including without limitation rights of privacy and publicity);
any content or Item that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as private information, inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
any content that, in our sole judgment, may expose RFx Analyst or its users to any harm or liability of any type.
You agree that all content (including without limitation text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, forum postings, and video) and materials (collectively, “Content”) delivered via the Service or otherwise made available by RFx Analyst at the Site are the exclusive property of RFx Analyst and are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Content does not include Your User Data (as defined above), which is Your property. Except as expressly authorized by RFx Analyst in writing, You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, You may print or download a reasonable number of copies of the Content on the Site for Your own informational purposes; provided, that You retain all copyright and other proprietary notices contained in that Content. Reproducing, copying or distributing any Content for any other purpose is strictly prohibited without the express prior written permission of RFx Analyst. You may also use the RFx Analyst name and/or logo, solely with Our consent, which may be revoked at any time.
You hereby consent that, if You choose to become a paying customer of RFx Analyst, We may identify You as an RFx Analyst customer (using Your name and logo) and generally describe the products or services it provides to You in its promotional materials, presentations, and proposals to other current and prospective customers.
Third Party Services, Websites, and Content
You understand and agree that your use of the Service may involve the creation or use of Content that may be governed by the Terms of Service of third party websites. You hereby agree to review and comply with the Terms of Service of third party websites used by the Service. You agree to indemnify RFx Analyst for any losses, costs, expenses or damages incurred by RFx Analyst due to your violation of a third party’s Terms of Service. The Service may contain (or you may access through the Service) pages, web feeds, streams, widgets and other content from other websites (“Third Party Services”) which may contain articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the “Third Party Content”). Third Party Services and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Services accessed through the Service or any Third Party Content linked or posted through the Service, including without limitation the content, accuracy, offensiveness, opinions, reliability, legality, or policies of or contained in the Third Party Services or the Third Party Content. Inclusion of or linking to any Third Party Service or any Third Party Content does not imply approval or endorsement of the Third Party Service by us. If You decide to access any Third Party Services, You do so at your own risk and you should be aware that our terms and policies may no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Services which you utilize or to which you navigate.
Account Termination and Cancelation
We are constantly working to improve the Service, so We may make changes to the Service periodically. We will inform You about material changes via this site. If You don’t like the changes, Your only remedy is to stop using the Service. If We decide to permanently stop offering the Service entirely, We will inform You of that in advance.
We may terminate Your access to all or any part of the Service at any time if We, in our sole discretion, believe that You are in breach of this Agreement. Termination will be effective upon notice thereof to You. Upon receiving notice of termination from RFx Analyst, You will no longer access or attempt to access the Service.
If You choose to cancel Your account, You will lose access to all of Your User Data or any other information associated with Your account, and We may permanently delete Your User Data and information at that time. Your User Data and other information cannot be recovered after You cancel Your account.
Privacy and Data Collection
You are responsible for all User Data, and for Your activity in connection with the Service. You shall indemnify and hold harmless RFx Analyst (and its affiliates), and each of its (and its affiliates) respective employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys' fees, that arise from (i) Your use or misuse of the Service; (ii) Your access of or to any part of the Service; (iii) any User Data; or (iv) Your violation of this Agreement or any additional terms You agree to with RFx Analyst.
Disclaimer of Warranties
The Service (including, without limitation, the Site and any software RFx Analyst may provide to You) is provided on an "AS IS" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. Neither RFx Analyst nor RFx Analyst’s vendors make any warranty that (i) the Service is currently and will in the future be free of viruses or other harmful components; (ii) the Service will be error-free or uninterrupted (including, without limitation, interruptions that occur in the context of regularly scheduled maintenance); (iii) any information or advice obtained by You in connection with the Service will be accurate or complete; or (iv) the results of using the Service will meet Your requirements.
Limitation of Liability
In no event shall RFx Analyst or its vendors be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the Service: (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, even if foreseeable, (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source), (iii) for any errors or omissions in, or for any loss or damage of any kind incurred as a result of Your use of, any Content or other information posted, emailed, transmitted or otherwise made available at or through the Service, or (iv) for any direct damages in excess of (in the aggregate) $10.00 USD or, if You have purchased one or more Subscription(s), in excess of (in the aggregate) the fees paid or payable by You for such Subscription(s) for the six (6) month period preceding the claim that led to such damages. In addition, RFx Analyst shall not be liable for any loss or liability resulting, directly or indirectly, from Your inability to access or otherwise use the Site or Service (including, without limitation, any delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, data processing failures, telecommunications or internet problems or utility failures). The foregoing limitations shall not apply to the extent that they are prohibited by Your local applicable law.
Acceptance and Waiver
This Agreement is void where prohibited by law, and Your right to access the Service is revoked in such jurisdictions. You certify that You are legally permitted to use the Service, and You take full responsibility for Your selection and use of the Service. The failure of either party to exercise (in any respect) any right provided for under this Agreement shall not be deemed a waiver of any further rights hereunder. RFx Analyst shall not be liable for any failure to perform its obligations under this Agreement where such failure results from any cause beyond RFx Analyst’s reasonable control (including, without limitation, mechanical, electronic or communications failure or degradation, including "line-noise" interference).
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
This Agreement is not assignable, transferable or sub-licensable by You except with RFx Analyst’s prior written consent. RFx Analyst may transfer, assign or delegate this Agreement and its rights and obligations without consent.
Venue and Choice of Law
This Agreement shall be governed by the internal laws of the State of California, and the parties submit to the exclusive jurisdiction and venue of the state and Federal courts located in Los Angeles, California.
Notwithstanding the foregoing sentence, but without limiting either party’s right to seek injunctive or other equitable relief immediately, at any time, in any court of competent jurisdiction, any disputes arising with respect to this Agreement shall be settled by arbitration in accordance with the rules and procedures of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”). The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties and enforceable in any court. The arbitration proceeding shall take place in Los Angeles, California, using the English language.
Complete Agreement; No Modifications
Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and You do not have any authority of any kind to bind RFx Analyst in any respect whatsoever.
Headings for each section have been included above for Your convenience, but such headings do not have any legal meaning, and may not accurately reflect the provisions they precede.
Questions regarding these Terms of Service and/or the pricing and billing practices of RFx Analyst should be directed to firstname.lastname@example.org
or by mailing
RFx Analyst Legal
34231 Camino Capistrano
Dana Point, CA. 92624