Mountain Connections

Terms & Conditions

By submitting the MountainConnections.com Local Partner Direct Quote Registration ("Order Form"), the person or entity named in the Order Form ("the Company") agrees to the following Terms and Conditions. These Terms and Conditions, together with the Order Form, comprise the entire agreement ("Agreement") between the Company and MountainConnections.com, Inc. ("MountainConnections.com").

1. Request-for-Quotes

1.1 Partner Database. MountainConnections.com authorizes the inclusion of vendors in its partner database, accessible to MountainConnections.com users through MountainConnections.com, its world wide web site ("the Web Site"), in accordance with these Terms and Conditions. By submitting the Order Form, the Company requests that MountainConnections.com include information about the Company (an "Entry") in its partner database. MountainConnections.com reserves the right to refuse any such request or to cancel any Entry for failure to fulfill the obligations set forth in these Terms and Conditions. MountainConnections.com will be bound by these Terms and Conditions only if it agrees to include the Entry in its partner database and in fact includes the Entry. If MountainConnections.com does not include the Entry, it will refund the money the Company previously paid for such Entry.

1.2 Entry Contents. The Entry will consist of the information provided to MountainConnections.com on the Order Form. The company agrees to provide true, accurate, current, and complete information about the company's business as prompted in the registration process. If the company does not, MountainConnections.com has the right to deny, suspend, or terminate its Service. Requested changes to the Order Form will be subject to approval by MountainConnections.com. Approved changes will be applied prospectively and in no case will be retroactive. Such changes will be made according to MountainConnections.com's regular update schedule. Changes to the Order Form may result in a one-time change fee and/or a change in the fees described below.

1.3 Request-for-Quotes. After inclusion of the Entry in the partner database, MountainConnections.com will forward via email to the Company any customer requests ("Request-for-Quotes") made through the Web Site in accordance with the criteria set forth in the attached Order Form. The Request-for-Quotes will contain the following contact information for that customer: name, title, company, address, phone number, and e-mail address. The Company agrees to respond to every Request-for-Quote within two business days. The Company agrees not to distribute or re-sell Request-for-Quotes to any third party, without express written permission from MountainConnections.com. The Company shall contact the customer and use the Request-for-Quote only for purposes directly related to the Request-for-Quote. The Company may not add information from the Request-for-Quote to any newsletter, magazine, or communication subscription without first obtaining an independent opt-in request from the customer. The Company may not respond to any Request-for-Quote for purposes of cross-selling other products and services not sold by the Company.

Any other language in this contract notwithstanding, MountainConnections.com shall have the right to withhold the forwarding of any Request-for-Quotes to Company for any reason, including but not limited to the fact that MountainConnections.com may, in its sole discretion (which shall be deemed conclusive), determine that a given category or region of the country has become fully "saturated" with an excess number of suppliers. Should this be the case, Company will be charged by Mountain Connections only for those Request-for-Quotes that are actually forwarded to Company by Mountain Connections.

1.4 Use of MountainConnections.com Name and Logo. The Company is permitted to use the MountainConnections.com name only for purposes of identifying to the customer where the Request-for-Quote originated. The Company has no right to use the MountainConnections.com name, logo, or other intellectual property for any other purpose. The Company will not say anything to the customer or any third party to suggest that it is acting on behalf of MountainConnections.com or that MountainConnections.com has approved of or endorsed its products or services.

2. Fees

2.1 Fees. On a weekly basis, MountainConnections.com will charge the Company per Request-for-Quote for all Request-for-Quotes received by the Company during that week. All Fees shall be charged to Company via the credit card specified in the Order Form or such other credit card as may be requested by Company to be charged from time to time. Mountain Connections may pre-authorize such charges with the credit card company or the bank. By completing the information on the Order Form, you authorize such Fees to be charged to your credit card and represent and warrant that you are empowered by Company to bind Company to said obligations. In addition, Company hereby authorizes MountainConnections.com to charge Company's credit card for any and all amounts previously invoiced to Company by MountainConnections.com and which remain unpaid as of the effective date of this Order Form. All statements will be sent directly via email weekly, with the Company's credit card being charged automatically at that time. If you have any questions regarding charges to your account, you must notify MountainConnections.com immediately. MountainConnections.com will charge the Company a non-refundable annual fee for participation in this program. The first such fee will be charged upon registration.

You must provide Mountain Connections with accurate and complete billing information. Any changes to this information must be reported to Mountain Connections within three (3) days of the change. If a charge is disapproved by the financial institution, Mountain Connections will notify you via email, and you must cure the disapproval. If disapproval is not cured within seven (7) days of the date of the notice, Mountain Connections reserves the right to charge an administrative fee in the amount of forty dollars ($40) and to pursue any other available remedies. Mountain Connections is not responsible for any charges or expenses (e.g. for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Mountain Connections.

2.2 Credit Procedure. At MountainConnections.com's sole discretion, the Company's account may be credited for a Request-for-Quote Fee previously charged to the Company's account for any Request-for-Quote that: (a) is not submitted by a legitimate customer; (b) is submitted by a competitor; (c) is not submitted for a product or service category specified in the Order Form; (d) is submitted outside the service territory specified on the Order Form; or (e) is delivered to the Company more than two (2) business days after the request was submitted. In order to be eligible to receive a credit for any Request-for-Quote for which the company believes it is entitled to receive a credit based on the above criteria, the Company's account with MountainConnections.com must be current (i.e. no "past due" balances or outstanding invoices), the Company must notify MountainConnections.com (via an e-mail to leads@mountainconnections.com) in writing of such requested credit within ten (10) calendar days of receipt of the Request-for-Quote, and must include along with the request for credit a copy of the Request-for-Quote along with the following additional documentation: the reason for the credit request; the grounds for believing that the Request-for-Quote meets the above criteria and any additional information that may help support the credit request. MountainConnections.com reserves the right to contact the customer submitting the Request-for-Quote and, if it determines that the Request-for-Quote satisfies one of the criteria listed above, will credit the Company's account.

2.3 Credit Issuance. Requests for credit that are submitted during the week in which the Request-for-Quote was generated, and that are approved for credit by MountainConnections.com during that week, will be processed immediately and neither your credit card or debit card will be charged. Requests for credit that are submitted after the week in which the Request-for-Quote was generated, and that are approved by MountainConnections.com, will be credited in the following week's Billing Statement.

2.4 Fees Subject to Change. The Fees set forth in the attached Order Form are subject to change. MountainConnections.com will notify the Company of any applicable rate change at least thirty (30) days before the change comes into effect.

2.5 Nonpayment. In the event of non-payment, MountainConnections.com reserves the right to suspend or terminate the Company's account until such charges are paid. It may also charge interest on balances unpaid for more than thirty (30) days, in which case interest charges will accrue from the last day of the statement period with respect to any unpaid invoice. Any changes to the Company's credit card information provided on the Order Form must be reported to MountainConnections.com within three (3) days of the change. If the credit card is disapproved by the issuing institution, the Company will still be responsible for any previous or current charges. MountainConnections.com is not responsible for any charges or expenses (e.g. for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by MountainConnections.com. The Company agrees to pay all collection and/or court costs incurred by Mountain Connections in its effort to collect any unpaid balance due to Mountain Connections if we must refer Company's account to collection or to an attorney, subject to the laws governing these transactions.

3. Account Password and Security

In order to access their account information online, the Company will select a sign in e-mail and password. The Company will be responsible for maintaining the confidentiality of the user name and password, and will be fully responsible for all activities that occur under the user name and password. The Company agrees to immediately notify MountainConnections.com of any unauthorized use of the user name or password or any other breach of security. MountainConnections.com cannot and will not be liable for any loss or damage arising from Company's failure to comply with this section.

4. Term

The effective date of this agreement is the date of activation of the Company's account. MountainConnections.com may terminate this Agreement at any time. The Company may terminate this Agreement at any time after ninety (90) days from the effective date of this Agreement by providing written prior notice of intent to terminate to MountainConnections.com at custcare@mountainconnections.com. Within three (3) business days of receipt of such notice, MountainConnections.com will close the Company's account, will charge the Company's credit card for any outstanding Fees, and will send the Company a final statement via e-mail. Any requests for credits pursuant to paragraph 2.2 of this Agreement must be submitted within one (1) business day of the Company's notice of intent to terminate.

5. Representations and Warranties

The Company represents and warrants that: (1) all of the information provided to MountainConnections.com is truthful and not misleading, fraudulent, defamatory, libelous, threatening, harassing, or obscene; (2) the Company is authorized to provide the services and products set forth in the Order Form; (3) the Company has the right to use each copyright, trademark, trade name, service mark, graphic, photograph, or any other intellectual property in the way it is used under this Agreement; and (4) any advertising copy and any linked advertising comply with all applicable laws and regulations.

6. Indemnification

The Company agrees to pay any damages or expenses incurred by MountainConnections.com, including all attorneys' fees and expenses, resulting from claims brought by other parties regarding the inclusion of the Entry, or as a result of a breach of these Terms and Conditions. This provision shall survive the Term of this Agreement.

7. Disclaimers

7.1 Warranties. MountainConnections.com makes no express or implied warranties, representations, or endorsements whatsoever (including, without limitation, warranties of title or non-infringement or the implied warranties of merchantability or fitness for a particular purpose) with respect to the Web Site, any merchandise, information, or services provided through the Web Site, or the accuracy or results obtained from the use of any information or services provided through the Web Site.

7.2 MountainConnections.com is a Conduit. MountainConnections.com is not involved in any actual transactions between buyers and suppliers through the Direct Quote program. As a result, MountainConnections.com has no control over the ability of buyers to purchase items or qualify for leases and other forms of credit. MountainConnections.com cannot and does not control whether or not buyers will complete the purchase of items for which they have requested proposals or quotes. Because user authentication on the Internet is difficult, MountainConnections.com cannot and does not guarantee that each buyer or supplier is who they claim to be. Buyers and suppliers will be able to communicate directly with each other before any transaction is complete. In the event the Company has a dispute with one or more buyers, the Company releases MountainConnections.com and its agents and employees from claims, demands, and damages arising out of or in any way connected with that dispute.

8. LIMITATION OF LIABILITY

IN NO EVENT WILL MOUNTAINCONNECTIONS.COM OR ITS AGENTS BE LIABLE FOR ANY DAMAGES CAUSED BY ANY ON-LINE SERVICE, QUOTE PROVIDED BY COMPANY TO A BUYER, TRANSMISSION, COMMUNICATIONS, OR COMPUTER SYSTEM FAILURE. IN NO EVENT WILL MOUNTAINCONNECTIONS.COM OR ITS AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES OR PROFITS OR THE COST OF OTHER FORMS OF ADVERTISING.

9. Miscellaneous

MountainConnections.com does not approve of, or endorse, any product or service by electronically publishing the Listing. MountainConnections.com may publish Listings for any other person at any time, except as expressly set forth in the attached Order Form. The Company and MountainConnections.com are independent contracts, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. These Terms and Conditions shall be governed by and interpreted according to the laws of the State of Florida. These Terms and Conditions, the Order Form, and the Listing Form describe the entire Agreement between MountainConnections.com and the Company and supersede any other verbal or written agreements regarding the subject matter of this Agreement. This Agreement shall survive any change in ownership on the part of the Company.

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