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MRV DAIRY SOLUTIONS WEBSITE

TERMS OF USE

  • License and Terms of Use: MRV Dairy Solutions (“MRV”) grants to Vendors, Clients and their agents (User) a limited, revocable, non-exclusive license to access this website for the purpose of submitting proposals to provide dairy and dairy related products (“Products”) to MRV for review and possible selection by a client of MRV (“Client”). This limited license does not include any right by Vendor, Client or its agents to collect, aggregate, copy, duplicate, display or use in a derivate manner the information on this website for any purpose unless expressly permitted in writing by MRV. MRV provides this online communication to Vendor subject to the terms of use that are set forth below (“Terms of Use”). By using this website in any manner, User hereby agrees to comply with all of the Terms of Use, agrees that it has read and understood all of the contents of the Terms of Use, and agrees that it shall be bound by all of the terms and conditions of the Terms of Use. MRV may establish limits concerning the use of this website.
  • Modifications to Terms of Use: MRV reserves the right, at its sole discretion, to change, modify or otherwise alter the Terms of Use at any time without the written notice to User . Such modification shall become effective immediately upon the posting thereof. MRV reserves the right at any time to modify or discontinue its website (or any part thereof) with or without notice. MRV shall not be liable to User or any third party for any modification, suspension or discontinuance of this website.
  • No Commitment: Any and all responses to RFPs submitted by Vendor do not commit a Client or MRV to award any contract or to pay any costs incurred in the preparation or submission of proposals by Vendor. Clients reserve the right to reject any or all proposals received in response to an RFP and to negotiate with any other vendors to provide Products identified in the RFP. A Client may award only a portion of its requirements under any RFP as it may deem appropriate, or in its sole discretion, add additional requirements to its RFP. A RFP contains no contractual obligation or proposal of any kind, and any bid submitted by Vendor shall be regarded only as a proposal by Vendor to Client . No contractual relationship shall exist except pursuant to a written contract signed by the authorized individual of any Client and the Vendor selected by such Client.
  • Non-Disclosure of Confidential Information: User represents that it shall not disclose Confidential Information disclosed to User through this website. For the purpose of the Terms of Use, “Confidential Information” shall mean and include the following: (1) identity of the Vendor or Client; (2) all Vendor’s or Client’s contact information; (3) prices of the Products submitted by Vendor in response to any and all RFPs communicated through this website; (4) any and all financial information concerning Client disclosed to Vendor on this website or by Client; and (5) the types and amounts of Product acquired by Client from Vendor as a result of any and all transactions that relate to this website.
  • No Warranty Regarding Content: All postings, messages, information, including information regarding Products and prices, and other materials transmitted through or linked from this website (“Content”) are the sole responsibility of the person or organization from whom such Content originated. MRV does not control, and shall not be responsible for Content made available through this website. MRV does not warrant or guaranty the accuracy or value of the Content that is communicated on this website or any communications that may occur between Vendor and any Client. It is Vendor’s responsibility to verify with Client any and all information provided to Vendor by MRV. The act of accessing this website shall evidence User’s agreement that User shall not hold MRV or any of its agents or information providers liable in any way for any damage or loss of any kind that User may suffer as a result of User’s reliance on information that User receives through this website. Any and all business transactions and other interactions between Vendor and any Client found on this website, including the payment and delivery of Products, and any other terms, conditions, warranties or representations associated with such transactions unless such terms and conditions are set forth in the Terms of Use, are solely between Vendor and any Client. User agrees that MRV shall not be responsible or liable for any loss or damage of any type or sort incurred by Vendor or Client as a result of any transaction between Vendor and Client. If there is any dispute between Vendor and any Client or a third party introduced to Vendor through this website, Vendor shall not include MRV and MRV has no obligation, to become involved in such dispute. Vendor and Client waives any and all claims, demands, damages, whether actual or consequential, of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to a dispute between Vendor and any Client or third party introduced to Vendor or Client through this website. Vendor and Client hereby waives California Civil Code §1542 which states the following: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing a release, which have known by him or her must have materially affected his or her settlement with the debtor.”
  • Compliance: Vendor hereby represents and warrants to MRV that its responses to RFP conform to all requirements under federal and state laws and regulations.
  • Client's Reservation of Rights: Vendor agrees that cost is a primary factor that will be used to decide the winning bid; however, the lowest bid will not be automatically awarded the contract. Client reserves the right to reject any bid if Client is not satisfied that the Vendor is qualified to carry out the obligations of the contract.
  • Approval and Revocation: Participation by Vendor is subject to approval by MRV and may be revoked at any time by MRV for unlawful or unprofessional acts including, but not limited to, the submission of inaccurate or fraudulent information. Any inability by MRV to validate representations made by Vendor either at the time of registration application or during any investigation or research by MRV of Vendor shall not prevent MRV from suspending Vendor’s use of this website at a later time.
  • Intellectual Property: User agrees that all posted listings and contact information is provided for the use of registered members, and that MRV retains all rights, title and interests, including copyright and other proprietary rights, in the services that it provides and all materials that appear on the website, including, but not limited to, text, images and other data. User shall not copy, license, sell, transfer, make available or otherwise distribute any content on the website. User shall use its best efforts to stop any unauthorized copying or distribution immediately after such unauthorized use becomes known to User. MRV reserves the right to terminate the use of this website by User if User violates the herein terms.
  • "As Is" Information: MRV does not verify the information provided by Vendor or by Client, and MRV makes no warranties regarding the completeness, accuracy or availability of the information on this website.
  • No Consequential Damages: In no event shall MRV be liable to Vendor, Client or any third party for any direct, indirect, special, exemplary or consequential damages, including lost profits, based on any breach of warranty, contract, negligence, strict liability, or otherwise arising under the use of this website or any services or Products to be provided pursuant to any communication as a result of this website, whether or not MRV had any knowledge, actual or constructive, that such damages might be incurred.
  • Hyperlinks: This website may contain hyperlinks to other websites controlled by parties other than MRV. MRV shall not be responsible for and does not endorse the contents of such websites. MRV makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained on any such site.
  • No Collusion by Vendor or Client: Vendor shall not divulge, discuss, or compare its bid or any other information in regards to a RFP communicated by Vendor or Client to this website to include any comparison of its bid with other vendors or clients, and shall not collude with any other vendor, client or other party in regards to any RFP.
  • Bid Clarification: Vendor is expected to exercise its best professional independent judgment in analyzing the requirements of any RFP to ascertain whether additional clarification is necessary or desirable before responding. If there are any discrepancies in, or omissions to, the RFP or if there are any questions as to any information provided in the RFP, Vendor has the obligation to submit a request for clarification, via e-mail, prior to submitting a bid in response to the RFP.
  • No Modifications: Vendor shall not be permitted to modify submitted responses to a RFP.
  • Representation by Vendor: By submitting a bid, Vendor represents that it has read and completely understands the RFP and any associated documents.
  • Indemnity by Vendor and Client: Vendor and Client, for itself and its successors, assigns, heirs, executors, administrators, and legal representatives, agree to indemnify, defend, and hold harmless MRV, and its officers, directors, employees, control persons, and attorneys from and against any and all complaints, grievances, demands, obligations, promises, agreements, claims, actions, and causes of action, whether civil or criminal, and any and all loss, liability, damage, cost and expense (including interest, penalties, and settlements), fines, costs and expenses (to include reasonable attorney's fees) incurred in connection with or related to the investigation or defense of any and all claims or causes of action, arising out of or relating to any act or omission by Vendor or Client. In all events, MRV shall have the right to participate in the defense of any suit or proceeding in which MRV is named as a party through legal counsel of MRV’s own choosing.
  • Disclaimer of Warranty: There are no warranties, and MRV expressly denies, rejects and disclaims any warranty expressed or implied, regarding the correctness, accuracy, timeliness, or completeness of any information or services provided by MRV through this website.
  • Limitation of Liability: MRV, its affiliates, employees, officers and agents shall not be liable to Vendor, Client or to any third party for any loss or damage, whether direct or indirect, resulting from delays or interruptions of this website because of mechanical or electrical problems storms, strikes, walk-outs, equipment or system failure, or any other cause over which MRV, its affiliates, employees, officers or agents, has no reasonable control. MRV, its affiliates, employees, officers and agents shall not be liable to Vendor, Client or to any third party for any loss or damage, direct or indirect, resulting from inaccuracies, erroneous statements, errors of fact, omissions, or errors in the transmission or delivery of information from or by this website. In no event shall MRV be liable to Vendor, Client or to any third party for special, indirect, incidental, or consequential losses or damages which Vendor, Client or such third party, may incur or experience as a result of accessing or using this website.
  • Period to Make Claims: Any action or arbitration by User against MRV, its affiliates, officers, directors, agents, employees, successors or assigns, based upon any act or omission arising out of or relating to the use of this website, shall be commenced within six (6) months of the first occurrence giving rise to such claim or be forever barred. This section does not modify or otherwise affect the limitation of MRV’s liability as set forth above.
  • Advertisements and Surveys: MRV reserves the right to display online advertisements on this website. MRV may periodically conduct surveys of vendors to improve the types of services offered by MRV. MRV reserves the right to share aggregated and non-identifying information about vendors with Clients, advertisers and other third parties.
  • No Third Party Beneficiary: Vendor and Client agree that they are not a third party beneficiary of any agreement between MRV and Vendor, or MRV and Client.
  • Accuracy of Data: Vendor shall be solely responsible for the inputting of data regarding Vendor’s Products (to include prices and other terms), and Vendor shall be solely responsible for the accuracy and adequacy of the information and data furnished to Client and MRV.
  • Passwords and Security: User shall be responsible for all use of its account and maintaining the confidentiality of all passwords and information. User shall not permit the sharing of passwords and account numbers. Any use of this website shall be at User’s own risk.
  • Operating Environment: User agrees the successful implementation and use of this website depends upon User’s utilization of appropriate hardware and software. MRV reserves the right to request that User upgrade or change its hardware or software to successfully implement or use this website. User shall be responsible for providing all hardware and software at its own expense.
  • Record Retention: User agrees that any storage capability by MRV with respect to this website is not intended to and does not replace User’s record retention system. User shall be obligated to retain and maintain all information regarding bids, RFPs, and any and all information in connection with its use of this website.
  • Severability: If any term of this agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
  • Entire Agreement: This agreement constitutes the entire agreement and understandings between MRV and User regarding the subject matter of this agreement, and supersede all prior or contemporaneous agreements whether written or oral.

By clicking the "I agree" button, you and anyone else you authorize to access or use MRV website, agree to comply with and be bound by this Agreement and MRV rules, regulations, policies and procedures.

  I Agree to the Terms and Conditions

MRV Dairy Solutions is an information services company and is not a commodities broker or agent or seller of finished goods in any form. All observations of economic, political and/or market conditions are not intended to refer to any particular purchasing strategy, promotional element or quality of service provided by MRV Dairy Solutions and should be construed as market commentary only. Any statements regarding market activity and the pricing thereof should not be construed as a solicitation. These materials represent the opinions and viewpoints of the author as referenced. Sources of information believed to be reliable were used in preparing such observations, and no guarantee or representation regarding the accuracy of those sources has been made. MRV Dairy Solutions is not responsible for any redistribution of this material by third parties, or any financial decisions taken by persons viewing this material. Although this electronic form of communication may provide information concerning potential legal issues or provide internet access to law related resources, it is not a substitute for legal advice from qualified counsel. You should not and are not authorized to rely on this web site as a source of legal advice.