- ACCEPTANCE OF TERMS
which may be updated by us from time to time without notice to you. You can review the most current version of Openfos's TOU at: http://www.openfos.com/doc/termsofuse.htm.
Your use of Openfos constitutes your agreement to such terms, conditions, policies and notices ("Agreement").
- DESCRIPTION OF SERVICE
- Openfos provides users with access to a rich collection of resources on Business to Business suppliers information through its network of properties ("Service"). The Service includes a full access to the current Openfos.com site without any restrictions. Unless explicitly stated otherwise, any new features which augment or enhance the current service, including the release of new features, shall be subject to the TOU. You understand and agree that the Service is provided on a "AS-IS" basis and that Openfos assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service by subscribing through Openfos's registration page and understand that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
- MODICIFATIONS TO SERVICE
- Openfos reserves the right at any time to modify or discontinue the Service either temporarily or permanently (or any part thereof) with or without notice. You agree that Openfos shall not be liable for you or for any modification, suspension or discontinuance of the Service.
- REGISTRATION AND ACCOUNT CREATION
- As a part of the registration and account creation process, you are required to select a User ID and a password. You will provide Openfos with certain registration information, all of which must be accurate and updated from time to time. You will be solely responsible for maintaining the confidentiality of your password. Also, you are solely responsible for all usage or activity on your Openfos account including, but not limited to, use of the account by any person authorized by you to use your User ID and password.
- FEES AND PAYMENTS
- Only if you purchase Featured Listing or decided to do an advertisement with us, you will be charged for service fees. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rate in effect for the billing period in which such fees and charges are incurred. Openfos reserves the right to change the amount of or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you.
In order to set up an account with Openfos you must provide Openfos with valid credit card information. By submitting such credit card information, you give Openfos permission to charge all Fees incurred through your account to the credit card you designate on the Registration Form. All Fees will be charged at the time they are incurred.
Your right to use the Service is subject to any restrictions established by Openfos or by your credit card issuer. If payment cannot be charged to your credit card or your payment is returned to Openfos for any reason, including chargebacks, Openfos reserves the right to either suspend or terminate your account and all its obligations under this Agreement.
If you have a reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password or any credit, debit or charge card number stored with the Service), you must promptly change your password and notify Openfos of the problem by sending an e-mail to our customer support team. If you have questions about your bill or Openfos' billing policies, please contact us.
Disputed charges must be reported to Openfos Premium at our customer support team within 40 days of the disputed billing date.
- NON-TRANS FERABILITY OF SUBSCRIPTION
- Your right to use this site is personal to you and you may not sub-license, transfer, sell or assign this agreement to a third party without our approval.
- SUBSCRIPTION RENEWAL AND CANCELLATION
- If you wish to renew Featured Listing or Advertisement, you can request to renew by following the steps provided by Openfos before the expiration date of the service.
If a subscriber decides to cancel during the subscription period, the remaining portion of the subscription fee will NOT be refunded. We leave your membership fully active until the upcoming due date of your account.
- DISCLAIMER OF WARRANTIES
- You expressly understand and agree that:
- Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Openfos expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- Openfos makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, (v) any errors in the software will be corrected, (vi) or that this web site, its content, and the servers on which the web site and content are available are free of viruses or other harmful components.
- Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from Openfos or through or from the service shall create any warranty not expressly stated in the TOU.
- This web site may contain various combinations of text, images, audiovisual productions, opinions, statements, facts, articles, market data, stock quotes or other information created by Openfos or by third-parties. Due to the number of sources from which content in this site is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content. Accordingly, such content, including the market data, is for your reference only and should not be relied upon by you for any purpose. Such content is not intended for the purpose of tax or investment advice and it does not advocate the purchase or sale of any security or investment.
- Information created by third parties that you may access on the site or through links is not adopted or endorsed by Openfos and remains the responsibility of such third parties.
- LIMITATION OF LIABILITY
- You expressly understand and agree that Openfos shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Openfos has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
- TRADEMARK INFORMATION
- All materials on this site ("Online Materials"), including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by Openfos or by other parties that have licensed their material to Openfos. Except as specifically provided herein, no Online Materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify the content on this site. Any unauthorized attempt to modify any Online Material, to defeat security features, or to utilize this site for other than its intended purposes is prohibited.
Openfos.com and other logos and product and service names are trademarks of Openfos.com. All other trademarks appearing on the Site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. It is understood that Openfos is a news and information site and service and that references to other names and trademarks are necessary in the course of providing news and commentary about the subjects that this site covers. Openfos will enforce its intellectual property rights to the fullest extent of the law.
If you suspect that Openfos's content or trademarks are being misused, please contact our customer support team as soon as possible.
- The failure of Openfos to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Please report any violations of the TOU to our customer support team.
- You agree to indemnify, defend and hold Openfos harmless from any claims and expenses, including reasonable attorneys' fees, arising from or related to any breach by you of any terms of this Agreement.
- LETTERS TO THE EDITOR OR OTHER SUCH COMMENTS OR MATERIALS
- Any comments, materials, or letters sent by you to Openfos regarding the site, including without limitation, questions, comments, suggestions, criticisms or the like ("Received Materials") shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter is "not for publication" and contains "private and proprietary" information that may not be distributed. Openfos shall have no obligation of any kind with respect to such Received Materials and Openfos will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction. Furthermore, Openfos is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Openfos for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including you.
You can read Openfos's privacy statement here.
- RESTRICTIONS ON USE
- You may not use Openfos or its content for any illegal purpose or in any manner inconsistent with these Terms of Service. You agree to use Openfos solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity.
- If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.
- ENTIRE AGREEMENT
- This Agreement and any other terms and conditions of service on http://www.openfos.com constitute the entire agreement between you and Openfos and govern your use of the Service
- REFUSAL OR DISCONTINUANCE OF SERVICE
- Openfos reserves the right to refuse or discontinue service to any user for non-compliance with these Terms of Service.
- CHOICE OF LAW AND FORUM
- This Agreement will be governed by the laws of the Commonwealth of Virginia. Any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the Commonwealth of Virginia. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and Conditions and agree to submit to binding arbitration.
I HAVE READ AND UNDERSTAND THIS SUBSCRIBER AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.