Terms Of Use

Updated as of March 5, 2009

Welcome to VendorSeek.com and thank you for utilizing our quoting services. The following terms of use (“Terms of Use”) govern your use of the VendorSeek.com website (the “Website”). It is vitally important that you read the Terms of Use carefully as your use of the Website and the services and goods provided through our Website will constitute your agreement to be legally bound by the terms and conditions set forth in these Terms of Use.

If for any reason you do not agree to these Terms of Use in their entirety, you may not use the services provided by VendorSeek.com.

We may amend the terms and conditions of these Terms of Use from time to time. If you continue to use the services provided by VendorSeek.com after the amendments become effective, you are deemed to have agreed to be bound by the Terms of Use as amended. If you do not agree to the amended Terms of Use, then you agree not to use the services. Your continued use of the services constitutes an affirmative acknowledgment by you of the Terms of Use as amended and agreement by you to abide and be bound by the Terms of Use as amended.

1. Our Service

VendorSeek.com offers business consumers the opportunity to submit requests for price quotes on a wide variety of products and services offered by up to 5 of the vendors in our Approved Vendor Network (the “Service”). In an effort to accommodate the diverse range of requests we receive from business consumers, VendorSeek.com maintains a very extensive Approved Vendor Network.

2. Your Request

You must provide current, complete, and accurate information about yourself when completing a request for price quotes. You agree to maintain and keep your data current and to update your data as soon as it changes. Procedures for updating your information are set forth in our Privacy Policy. You are responsible for maintaining the security of your password.

You should be aware that each request placed with VendorSeek.com is reviewed manually by our Customer Service Department to ensure its validity and then it is matched to the vendors in our Approved Vendor Network who can most likely accommodate your requirements. We cannot guarantee that our vendors can provide quotes for every request we receive or that the vendors who do respond to your request can meet all of your requirements. We may reject any request and choose not to alert our vendors to provide quotes, for any reason or no reason, including, without limitation, if a request (i) does not appear legitimate, (ii) appears to be from a competitor of any of our vendors who may be seeking price information, (iii) is not filled out in its entirety, or (iv) is determined by VendorSeek.com to violate any of these Terms of Use.

In submitting a request with VendorSeek.com you agree to allow us to refer all of the information you provide to up to 5 vendors in our Approved Vendor Network. These vendors will in turn contact you directly to present their offerings and pricing. They will make contact via the preferred medium you have listed (phone or email), however this does not preclude them from contacting you by any other means that they deem necessary. Vendors will typically contact you within one (1) business day of placing your request, assuming our vendors can meet your requirements.

Your contact information will be retained by VendorSeek.com, however, except as set forth herein and in our Privacy Policy, we will not sell your information to any third parties. You will receive communications by email to confirm your request and to later provide us with feedback. You may also receive e-newsletters and special promotions from VendorSeek.com, but you may opt to be removed from these distributions at anytime as set forth in our Privacy Policy.

3. Our Vendors

In admitting companies into our Approved Vendor Network, VendorSeek.com makes every effort to ensure that we are dealing with reputable and professional organizations. However, it is strongly advised that you perform your own due diligence on any potential vendor prior to entering into any type of agreement with such vendor. In addition, once we refer your request to the vendors in our Approved Vendor Network, we have no further involvement in any transactions that occur between you and the vendors.

4. Links

VendorSeek.com and its affiliates may provide links to external websites or resources for your convenience and reference only. VendorSeek.com and its affiliates do not endorse and are not responsible for the availability of these external websites or resources or for any content, advertising, products, or other materials on or available from such external websites or resources. Your use of and dealings with the owners or operators of these external websites or resources are at your own risk. You cannot make any claim against VendorSeek.com or its affiliates arising out of your use of external websites or resources.

5. Restrictions on Use of the Service

The following restrictions apply to your use of the Service:

(a) Your use of the Service is subject to all applicable laws and regulations and must be consistent with the security and reliability of the Service and the World Wide Web.
(b) You are solely responsible for the content of your transmissions and the products or services you buy through the Service.
(c) In the event that you wish to provide feedback or testimonials to VendorSeek.com related to your use of the Service as a consumer, please send your comments to info@vendorseek.com. By submitting any comments to the above email address, you (i) represent and warrant that the content contained in the submission is true and accurate and that you own all right, title and interest to such content; and (ii) give your consent to our use, display and reproduction of all or part of such comments (including your first and last name) on the Website or in VendorSeek.com marketing materials.
(d) You acknowledge and agree to all of the-then current terms of VendorSeek.com Privacy Policy as set forth on the Website and as updated from time to time by VendorSeek.com in its sole discretion.

6. Prohibited Conduct

You must not: (a) use the Service for any illegal purpose or for the transmission of any material that is unlawful, harassing, libelous, invasive of anothers privacy, harmful, obscene, tortious, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another; (b) directly or indirectly, interfere or attempt to interfere with the proper working of the Website, any account, or any communication or transaction being conducted on our Website; (c) use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content on the Website without our prior expressed written permission; (d) take any action which imposes an unreasonable or disproportionately large load on our infrastructure, (e) use or disclose (to anyone except VendorSeek.com) any information you obtain from VendorSeek.com if such information is marked confidential, (f) conduct fraud, hide or attempt to hide your identity, represent yourself as someone else, use a false email address, compromise or attempt to compromise the security of any account, interfere or attempt to interfere with the proper working of the Service, or (g) send any unsolicited e-mail or advertising to any known user.

7. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK AND THAT VENDORSEEK.COM PROVDIES THE SERVICE ON AN "AS IS" BASIS. VENDORSEEK.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FOR THE AVOIDANCE OF DOUBT, VENDORSEEK.COM WILL BEAR NO LIABILITY FOR ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS DISPLAYED, PURCHASED OR OBTAINED BY YOU IN CONNECTION WITH THE SERVICE. FURTHERMORE, VENDORSEEK.COM DOES NOT ENDORSE, WARRANT OR GUARANTEE THE PRODUCTS OR SERVICES OF ANY VENDOR OR THE PERFORMANCE OF ANY VENDOR WHO WE REFER TO ANY OF THE USERS SUBMITTING REQUESTS THROUGH OUR WEBSITE.

VENDORSEEK.COM MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES VENDORSEEK.COM MAKE ANY WARRANTY AS TO CONFIDENTIALITY, PRIVACY OR USE OF ANY USERS INFORMATION, EXCEPT AS SET FORTH IN THE VENDORSEEK.COM PRIVACY POLICY, OR AS TO THE ACCURACY, VALIDITY, QUALITY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR OTHERWISE POSTED ON THE WEBSITE. ANY INFORMATION ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE.

8. Limitation of Liability

VENDORSEEK.COM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR INFORMATION, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF VENDORSEEK.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Indemnification

You agree to indemnify and hold harmless VendorSeek.com, its subsidiaries, affiliates, directors, officers and employees from any claim or demand (including reasonable attorneys fees) made by any third party due to or arising out of your use of the Service (including in connection with any disputes between you and any vendor), your violation of these Terms of Use, or your infringement of any intellectual property or other right of any person or entity.

10. Termination

If you breach any provision of the Terms of Use, you may no longer use the Service.

You may cease using the Services at any time.

VendorSeek.com may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the Service or any part of it at any time, for any reason, without notice to you and without liability to you or any other person.

If VendorSeek.com terminates the Terms of Use for any reason, the Terms of Use will continue to apply and bind you with respect to your prior use of the Service. Upon termination, VendorSeek.com may remove from the Website and permanently delete and destroy any content that you or others may have posted or submitted without any prior notice or liability to you or any other person.

11. Miscellaneous

Nothing in these Terms of Use is intended to or will create any form of partnership, joint venture, agency, or employment relationship between the parties. You may not assign these Terms of Use, by operation of law or otherwise, without the prior written consent of VendorSeek.com. These Terms of Use shall inure to the benefit of and be binding upon you and VendorSeek.com and your and our respective successors and permitted assigns. The failure of either party to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. If a court of competent jurisdiction declares any provision of these Terms of Use to be invalid or unenforceable, the remainder of these Terms of Use will continue in full force and effect. These Terms of Use shall be construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. You and VendorSeek.com agree to submit to the exclusive jurisdiction of the state courts located in San Mateo County, California, and the federal courts located in the Northern District of California, with respect to disputes hereunder. The following sections shall survive termination of the Terms of Use: 5 through 9, the last paragraph of 10, and 11. These Terms of Use constitute the entire agreement between you and VendorSeek.com and supersedes all prior agreements relating to the subject matter hereof.