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Terms of Use

Last Updated: September 19, 2011


These Terms of Use apply to the Website owned and operated by Contrast Professional Services LLC (“Contrast,” “we” or “us”), an Indiana limited liability company, located at RFPattorney.com (the “Website”), as well as all content, information, software and services accessible through the Website.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING AND USING RFPATTORNEY.COM, YOU ("User") AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN (the "Agreement").

If User is accessing and using the Website on behalf of any individual, group or entity, User warrants that it has all necessary authority to enter into this Agreement. If at any time User does not agree to be bound by the terms and conditions of this Agreement then User must cease accessing and using RFPattorney.com immediately.

Contrast reserves the right, at its sole discretion, to modify these Terms of Use at any time. We will notify you of these changes by posting a revised Terms of Use on the Website and indicating on the Terms of Use the date it was last revised. Notices of Terms of Use revisions will also be posted to the RFPattorney Blog. Please review our Terms of Use whenever you visit the Website and review the “Last Updated” legend at the top of the page. Any changes to these Terms of Use will become effective when we post the revised Terms of Use to the Website. Your use of the Website following these changes have been made shall be deemed acceptance of those changed Terms of Use.

Use of Website Services

The Website provides certain features and services to Users, including account registration, creation and management of one or more attorney Presence pages, creation of Client profile, attorney search, ability to send requests to attorneys and receive requests, ability to send a Request for Proposal (“RFP”) and respond to RFPs and manage RFPs, as well as all other features and services provided by the Website (the “Services”). Use of the Website and the Services provided is subject to approval by Contrast, at its sole discretion.

User agrees to use the Services in good faith and to submit only accurate, non-misleading information. User agrees to use the Services, including all content areas, for the stated or intended purposes. User will only use the Services in its own real name. For all attorney Users, you represent that you are licensed to practice law in your jurisdiction by the applicable bar association or licensing authority and are in good standing. User further agrees to update and revise previously submitted information to keep such information accurate and non-misleading.

User may not copy, download, store, publish, transmit, transfer, sell, or otherwise use the Website and the Services, or any portion thereof, in any form or by any means, except (i) as expressly permitted by this Agreement; (ii) with Contrast’s prior written consent; or (iii) if not expressly prohibited by this Agreement, as allowed under the fair use provision of the Copyright Act (17 U.S.C. § 107). User may not alter or modify information and Services provided through the Website in any way. User may not reverse engineer, decompile, disassemble or otherwise attempt to discern the source code or architecture of the components of the Website, or any information about usage or users. User may not use any robot, spider, other automatic device, or manual process to access, monitor or copy the Website without Contrast's prior written consent.

You must be at least 18 years old to use the Website. However, if you are at least 13 years old, you may use the Website in conjunction with your parent or guardian who agrees to this Agreement. As further set out in our Privacy Policy, no part of this Website is targeted to or designed to appeal to children. No one under age 13 may use the Website.

The Services may not be used to:

Premium Services

Contrast offers certain premium services on the Website for a fee, including Credit based services and Subscription based services (“Premium Services”). “Credit” means any credit purchased for a service provided by the Website. “Subscription” means any service of the Website offered for a subscription fee. Current rates for Credits and Subscriptions are available on our About Us Page.

For Premium Services, User will pay Contrast’s Credit or Subscription fees in advance. For all Subscriptions, Contrast may require that User (1) maintain a valid credit card at all times and authorize Contrast to charge the Subscription fees on any payment due-date; and (2) update such credit card information as necessary. All Subscriptions will renew automatically on a monthly basis, unless terminated by us or you notify us of your desire to terminate by U.S. mail or e-mail (receipt of termination must be confirmed by e-mail reply from us). You must cancel a Subscription before it renews in order to avoid a charge to your credit card for the Subscription fees for the next month. Contrast may suspend or terminate a Subscription service in the event a charge is declined.

User Content

“User Content” means any text, content, posts, documents or media, video, audio, graphics, pictures or photographs, comments, submissions, and price and rate information, other material or information regardless of form or medium, submitted by User for posting on one of the public pages of the Website, including your Presence(s).

Contrast has no obligation to monitor or screen User Content. Contrast reserves the right, however, in its sole discretion, to monitor User Content, prevent publishing of User Content, and remove User Content at any time for any reason.

Third Party Content

Third party content may appear on the Website or may be accessible via links from the Website. Contrast shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Website. You understand that the information and opinions of the third party content is neither endorsed by nor does it reflect the belief or opinion of Contrast. Contrast reserves the right to terminate any link found on the site at any time.

Termination & Suspension

Contrast or User may terminate an account and this Terms of Use Agreement for convenience at any time. In addition to Contrast’s other rights, Contrast may, at its sole discretion, suspend or terminate access to the Website or cancel membership to any service that Contrast provides on the Website, including without limitation Premium Services, if User breaches the Terms of Use in any way or engages in conduct that Contrast deems inappropriate. Such suspension may continue so long as Contrast suspects the breach in question, and Contrast will have no liability to User for such suspension, including without limitation liability to refund any fees for Premium Services. If User terminates its account, all User Content will be deleted. If User terminates a Subscription, all User Content related to that specific Subscription will be deleted.

Refunds

If Contrast terminates for convenience, it will refund (1) a pro-rata portion of fees prepaid for any Subscription, if any, corresponding to the period remaining for the current month; and (2) prepaid Credits, if any, that have not been used.

If User terminates its account or a Subscription at any time, it will have no right to a refund of any Subscription fees paid or any prepaid Credits.

All Credits purchased are non-refundable. All Credits purchased expire after 12 months. In the event a Credit was used in response to a bad faith request of another User or a request sent in error, Contrast may, in its sole discretion, refund the Credit. Please contact us by U.S. mail or e-mail to request a such a refund.

Intellectual Property

All content on the Website (with the exception of User Content), including, without limitation, all media, designs, text, graphics, pictures, illustrations, reviews, information, data, software, sound files, other files, the “look and feel”, and the selection and arrangement thereof are collectively the copyrighted property of Contrast. Other than the download to the User's computer that is inherent in viewing a web page, Website contents may not be copied, reproduced, modified, published, uploaded, posted, transmitted, "framed" on another site, or distributed in any way without the prior written consent of Contrast. Users must retain all copyright and other proprietary notices on any authorized reproductions of any portion of the site. Any third party marks and content appearing on the site are the property of their respective owners. You are not permitted to use any of these third party marks or content without permission of the respective owner.

Users posting User Content on the Website pursuant to these Terms of Use retain all intellectual property rights in such material (whether those rights happen to be registered or not, and wherever in the world those rights may exist), but they are deemed to have given Contrast a license to the material sufficient for the purposes of operating the Website, which means Contrast can copy the material for backup and archival purposes, display it on the Website, allow viewers to view it (including by downloading a copy to the viewer's machines) and edit it for compliance with the rules applicable to User postings on the Website. This license is non-exclusive, royalty-free, perpetual, worldwide, transferable as part of any transfer of the website in whole or in part, and fully-paid up.

Contrast Professional Services, RFPATTORNEY, RFPattorney, rpfattorney, rfpattorney.com, www.rfpattorney.com, “A Smarter Marketplace”, Presence, the RFPattorney logo and letterhead, site design, and other Contrast Professional Services LLC and Website graphics, logos, designs, layouts, interface, page headers, button icons, scripts, slogans, and service names are trademarks or trade dress of Contrast Professional Services LLC in the U.S. and/or other countries (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Contrast Professional Services LLC's trademarks and trade dress may not be used by others, including as part of trademarks and/or as part of domain names, in any manner that is likely to cause confusion.

Contrast does not have any express burden or responsibility to provide User with indications, markings or anything else that may aid User in determining whether the material in question is copyrighted or trademarked.

Patent Pending.

Attorney-Client Relationship & Confidentiality

User acknowledges that no attorney-client relationship is, or will be, formed through the use of the Website. User further acknowledges that it has no expectation of confidentiality for communications made to other Users of the Website. BY THESE TERMS OF USE, USERS DISCLAIM FORMATION OF AN ATTORNEY-CLIENT RELATIONSHIP BY USE OF THE WEBSITE. Further, no attorney-client relationship is formed between Contrast and any User.

Attorney Users: Ethics & Practice of Law

For all attorney Users accessing any aspect of RFPattorney.com, User acknowledges that the Rules or Codes of Professional Conduct (“Rules”) of the jurisdictions in which User is licensed apply to User's participation in all regards and that User will abide by such Rules. These Rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of law, and misrepresentations of fact. Contrast disclaims all responsibility for User's compliance with these rules, including all sample disclaimer language provided for informational purposes. User warrants the Website will be used to provide general information only, and not for the provision of legal advice or the practice of law.

No Legal Advice or Practice of Law

The Website provides information for informational purposes only. User acknowledges that under no circumstances is Contrast, its agents, affiliates, or its Website, providing legal advice or representation, or engaging in the practice of law through RFPattorney.com, and that nothing on the Website is intended as a substitute for legal advice from an attorney. Do not act upon any information on the Website without first seeking professional counsel.

No Endorsement

Contrast does not recommend or endorse any particular attorney, law firm, or provider of legal services on RFPattorney.com. UNDER NO CIRCUMSTANCE SHALL CONTRAST HAVE ANY LIABILITY TO YOU FOR ANY RELIANCE ON INFORMATION CONTAINED ON OR OBTAINED THROUGH RFPATTORNEY.COM. Any reliance shall be solely at User’s own risk. It is the User’s sole responsibility to assess each attorney and all responses received from each attorney. User acknowledges that Contrast does not review, screen, or endorse the qualifications of attorneys that use the Website or statements made by attorneys via the Website or otherwise. Contrast does not provide any method of recourse or dispute resolution in the event a client is not satisfied with the service provided by an attorney.

It is the attorney User’s sole responsibility to assess each potential client and responses received from each potential client. Attorney users acknowledge that Contrast does not review, screen, or endorse any potential clients that use the Website or statements made by potential clients via the Website or otherwise. All requests from potential client Users are sent to attorney Users at the sole discretion of that User. Contrast does not provide any method of recourse or dispute resolution in the event an attorney is not paid by a client.

RFPattorney.com is not a lawyer referral service or prepaid legal services plan.

State Specific User Disclosures

Alabama. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

Florida. Florida Rule of Professional Conduct 4-7.10(c) defines a lawyer referral service as "any person, group of persons, association, organization, or entity that receives any consideration, monetary or otherwise, given in exchange for referring or causing the direct or indirect referral of a potential client to a lawyer selected from a specific group or panel of lawyers."

Mississippi. Free background information available upon request.

Missouri. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

New York. Prior results do not guarantee a similar outcome.

Privacy Policy

User should review the Privacy Policy for this site, which is incorporated by reference into these Terms of Use.

User Account

Users may register for an account, which includes a login email and password, to log in and access certain features of the Website. Each User is responsible for maintaining the confidentiality of the User's login email and password. By establishing an account, User agrees to accept responsibility for all activities that occur on the Website under User's login email and password. User will notify Contrast immediately of any unauthorized use of User's login email and password, if User suspects the privacy of User's login email and password has been jeopardized, or if User believes that another individual has fraudulently represented themselves as the User or as being associated with User or User's organization.

All communications to User will be sent to the e-mail address provided at the time of registration, or to an alternate e-mail provided via the Website.

Security

Users are prohibited from violating or attempting to violate the security of the Website. Contrast will investigate any potential violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.

DISCLAIMER OF WARRANTIES.

USER AGREES AND ACKNOWLEDGES THAT USE OF THE SERVICES IS AT THE USER’S SOLE RISK. RFPATTORNEY.COM IS PROVIDED "AS IS, AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CONTRAST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. CONTRAST MAKES NO WARRANTY THAT ACCESS TO RFPATTORNEY.COM OR ANY PORTION THEREOF WILL BE UNINTERRUPTED, SECURE, COMPLETE, ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. CONTRAST DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) THE ACCESS OR USE OF RFPATTORNEY.COM, INCLUDING BOTH CONTRAST’S AND THIRD PARTY CONTENT AND SERVICES DELIVERED THROUGH THE WEBSITE, (B) THE ACCESS OR USE OF THIRD PARTY WEB SITES AND CONTENT OR SERVICES THEREIN THROUGH LINKS ON RFPATTORNEY.COM, (C) THE UNAVAILABILITY OF RFPATTORNEY.COM OR ANY PORTION THEREOF, OR (D) USER'S USE OF EQUIPMENT AND SOFTWARE IN CONNECTION WITH ACCESS AND USE OF RFPATTORNEY.COM. CONTRAST MAKES NO WARRANTY THAT USER WILL SUCCESSFULLY FIND CLIENTS OR LEGAL REPRESENTATION. CONTRAST MAKES NO WARRANTY THAT USER CONTENT WILL BE COMPLETE, ACCURATE, RELIABLE AND NON-MISLEADING. CONTRAST DISCLAIMS ALL RESPONSIBILITY FOR THE TERMS OR PERFORMANCE OF ANY AGREEMENT BETWEEN USERS.

LIMITATION OF LIABILITY.

USER'S EXCLUSIVE REMEDY AND CONTRAST’S, ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS, AND/OR CONTRIBUTORS ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM FOR DAMAGES RELATING TO USE OF RFPATTORNEY.COM WHICH ARE MADE AGAINST THEM, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT OR NEGLIGENCE, SHALL BE LIMITED TO THE AGGREGRATE AMOUNT OF CHARGES PAID BY USER RELATIVE TO THE SPECIFIC RFPATTONEY.COM FEATURE WHICH IS THE BASIS OF THE CLAIM DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

IN NO EVENT SHALL CONTRAST BE LIABLE TO USER FOR ANY CLAIM RELATING IN ANY WAY TO (A) USER'S INABILITY OR FAILURE TO USE RFPATTORNEY.COM PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY CONTRAST, ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS, AND/OR CONTRIBUTORS OR ANY DECISION MADE OR ACTION TAKEN BY USER IN RELIANCE UPON RFPATTORNEY.COM DELIVERED INFORMATION AND SERVICES; OR (B) ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO USER'S RIGHTS UNDER THIS AGREEMENT OR USE OF, OR INABILITY TO USE RFPATTONEY.COM, EVEN IF CONTRAST, ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS, AND/OR CONTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CONTRAST ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS, AND/OR CONTRIBUTORS SHALL HAVE NO LIABILITY WHATSOEVER TO USER FOR (A) ANY CLAIM RELATING IN ANY WAY TO ANY THIRD PARTY CONTENT OR FEATURE; (B) ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS; OR (3) ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE WEBSITE.

Indemnification

User agrees to defend, indemnify, and hold Contrast, its affiliates, contractors, suppliers, directors, employees and agents harmless from any and all claims, costs, damages, judgments, and liabilities (including but not limited to reasonable attorney's fees) made by any third party and arising from any User Content, which User posts, submits, transmits or otherwise makes available through the Website, User's violation of the Terms of Use, or the violation of the intellectual property rights of any third party.

Limitation of Claims

Except for claims relating to improper use of the Website, no claim, regardless of form, which in any way arises out of this Agreement, may be made, if such claim is brought, under this Agreement more than one (1) year after the basis for the claim becomes known to the party desiring to assert it.

User Disputes

User is solely responsible for its interactions with other Website Users. Contrast retains the right, but expressly disclaims any obligation, to become involved in any dispute between User and any other Users of the Website.

Entire Agreement

These Terms of Use embody the entire understanding and agreement between User and Contrast with respect to the subject matter herein, and supersedes any and all prior understandings and agreements, oral or written, relating to the subject matter.

Force Majeure

Contrast’s performance under these Terms of Use is subject to interruption and delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like.

Governing Law, Jurisdiction and Venue

This Agreement will be governed by and construed under the law of the State of Indiana, U.S.A. without regard to conflicts of law principles. The parties agree that the state and federal courts sitting in Marion County, State of Indiana, U.S.A. will have exclusive jurisdiction over any claim arising out of this Agreement and each party consents to the exclusive jurisdiction and venue of such courts for such purposes.

Neither this Agreement nor any part or portion may be assigned, sublicensed or otherwise transferred by User without Contrast’s prior written consent. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions will not be affected thereby. Failure of any party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement.

Contact Us

If you have questions, comments, or concerns about these Terms of Use and our Website, please contact us at support@RFPattorney.com or by use of our Contact Form. In lieu of email, you may also contact us by mail at the following address:

Contrast Professional Services LLC
Attn: RFPattorney
P.O. Box 30174
Indianapolis, Indiana 46230
(317) 804-1802

For California Users, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA.

Copyright Policy

We respect the intellectual property rights of others and desire to offer a website which contains no content that violates those rights. Our Terms of Use require that information posted by Users be accurate, lawful and not in violation of the intellectual property rights of third parties.

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512) (“Act”), Contrast has implemented procedures for receiving written notification of claimed infringements. Contrast has also designated an agent to receive notices of claimed copyright infringement and avails itself of the protections under the Act. Upon notice of alleged copyright infringement, Contrast will remove or block access to the material, provide notice to the User who posted the material and proceed as dictated by the Act. Contrast may block access to areas of its site to repeat infringers. If you believe in good faith that your copyright has been infringed, you may provide a written communication which contains:

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Contrast a counter-notice. See http://www.copyright.gov/ for details.

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.

Please submit your notices and counter-notices to Contrast Professional Services LLC’s Copyright Agent as follows:

By e-mail at: copyright@rfpattorney.com

By Mail at:

Contrast Professional Services LLC
Attn: RFPattorney Copyright Agent
P.O. Box 30174
Indianapolis, Indiana 46230

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