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General.

Welcome to proposalnow.com, a web site and/or online proposal system owned and operated by Higher Images, Inc. and distributed by Higher Images, Inc. and its affiliates. As part of our service, Higher Images, Inc. agrees to provide you with a means for generating proposals subject to the terms of this Agreement (“Proposal Services”). Use of this site to generate a proposal signifies your agreement to these Terms of Service.

Rights.

This site and the linked to site are owned and operated by Higher Images, Inc. and contain material which is derived in whole or in part from Higher Images, Inc. and is protected by international and U.S. copyright, trademark, patent and other intellectual property laws. Your only rights are those specified herein. You may not reverse engineer, modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this site including code and software. You may print any generated proposal or material from this site solely for your own use and distribution, provided you keep intact all intellectual property notices and other proprietary notices.

Service Limitations.

In providing the Proposal Services, Higher Images, Inc. and our web site act only as a means to generate proposals by organizing data for presentation to and review by potential buyers who may or may not accept your proposal. Your proposal may or may not be legally construed as a contractual offer. Higher Images, Inc. has no role in any transaction between you and any potential buyer. Higher Images, Inc. urges you to obtain independent business and legal support as you may require to effectively enter into a binding transaction.

Restrictions.

Higher Images, Inc. does not control the messages, information or files you use for your Proposals. It is a condition of your use of the Proposal Services and this Web Site that your proposal data does not include any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law. Furthermore, you shall not restrict or inhibit any other user or competitor from using and enjoying this web site and the Proposal Services.

Limitation of Liability.

Under no circumstances, including, but not limited to negligence, shall Higher Images, Inc., its subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use Higher Images, Inc. materials. You specifically acknowledge and agree that Higher Images, Inc. is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any material, or with, any of Higher Images, Inc. terms and conditions, your sole and exclusive remedy is to discontinue using the Higher Images, Inc. web site. Your use of this site also signifies your release of Higher Images, Inc. and its affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your use of these Proposal Services.

Disclaimer.

The materials in this site are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Higher Images, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchant ability and fitness for a particular purpose. Higher Images, Inc. does not warrant that any generated proposal will be error-free, or the functions contained in the Proposal Services will be uninterrupted or error-free, that defects will be corrected, or that this site, or the server that makes it available, are free of viruses or other harmful components. Higher Images, Inc. does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.

Confidentiality.

Higher Images, Inc. recognizes that you may have occasion to send and have processed information that is considered by you to be confidential or proprietary, including know-how, specifications, drawings, cost or pricing data, customer or vendor lists, bills, ideas, and /or any other written or tangible material referring to the same (Confidential Information). All information used to generate a proposal is not reviewed by Higher Images, Inc., rather it is automatically processed and organized by our server-based software. Such processing is done securely. Should any Confidential Information require access and/or review by Higher Images, Inc. as a result of any technical support or any other reason both during the terms of the Proposal Services and thereafter, Higher Images, Inc. agrees to (1) maintain in confidence such Confidential Information; (2) use all reasonable and prudent precautions to ensure that all such Confidential Information is properly protected and kept from disclosure to unauthorized persons; and (3) refrain from directly or indirectly utilizing such Confidential Information in its own business or disclosing such Confidential Information to any third-party unless such Confidential Information is not deemed to be confidential because it is in the public domain.

Copyrights and Trademarks.

You represent to Higher Images, Inc. and unconditionally guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Higher Images, Inc. for inclusion in your generated proposal are owned by you, or that you have permission from the rightful owner to use each of these elements and shall indemnify, hold harmless, protect, and defend Higher Images, Inc. and is subcontractors from any loss, cost, liability, expense, or damage, including, any claim or suit, threatened or actual attorneys’ fees, costs, and expenses, arising from the use of such elements furnished by you.

Cancellation and Termination:

Cancellation of services requires a 30 day notice, submitted to admin, in writing and signed by an authorized representative of Client. This allows Higher Images the time necessary to process changes to billing and services as well as cancel any outside directory subscription services, if applicable, etc.

Entire Agreement; Amendments.

This Terms of Service Agreement and any agreed upon fee constitute the entire agreement between Higher Images, Inc. and you with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral. Higher Images, Inc. may amend or modify this Terms of Service Agreement or impose new conditions at any time without prior notice. Such amendments and modifications shall be effective immediately upon notice thereof which may be given by means including, but not limited to, posting on the Web Site. Any use of the Proposal Services by you after such notice shall be deemed to constitute acceptance by you of such amendments, modifications or new conditions.

Governing Law.

This agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without giving effect to any principles or conflicts of law.

Severability.

If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

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