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.
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.
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.