Welcome to Open Tender or a website hosted by Open Tender.
"Application" means each software application, as updated from time to time, which uses Open Tender's interface and which states that these Terms govern that application's use.
"Open Tender" means Open Tender Inc., a Delaware corporation, and its affiliates.
"Material" means, with respect to any Service, each material relating to that Service, including without limitation the audiovisual content and interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, and services.
"Service" means each Application and each Site.
"Service Provider" means the provider of any Service, which may be Open Tender or any of its customers.
"Site" means each of opentender.io, brandibble.co, and any other website hosted on web servers owned or otherwise controlled by Open Tender on behalf of its customers, including any content, functionality, and services offered on or through that website.
2. Acceptance of Terms
The Services are offered and available only to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. By using any Service, you represent and warrant that you are 13 years of age or older, reside in one of those locations, and are fully competent to agree to and comply with these Terms.
5. Modification of the Terms
6. Ownership; Proprietary Rights
Each Service is owned and operated by the applicable Service Provider. All Materials are protected by United States intellectual property laws and are the property of the applicable Service Provider. Each Service Provider's name and logos, and all trademarks, service marks, and trade names contained in the Materials, belong to the applicable Service Provider.
Each Service Provider reserves all rights not expressly granted in these Terms. You do not have any interest in the Materials, except for the limited rights expressly granted in these Terms.
7. Territorial Limitations
Each Service is controlled and offered by the applicable Service Provider from its facilities in the United States. The Service Providers do not represent or warrant that the Services are appropriate or available for use in other locations, and you must not access or use the Services from territories where doing so would be illegal. Those who access or use the Services from other jurisdictions do so at their own risk.
8. Third-Party Websites
9. Prohibited Uses
You must not do any of the following:
a. Use any Service for any purpose that is unlawful in any applicable jurisdiction or prohibited by these Terms.
b. Use any Service other than for personal, non-commercial use.
c. Reproduce, duplicate, copy, sell, trade, resell, distribute, exploit, modify, adapt, translate or create derivative works based upon any portion of the Services, including any Materials.
d. Interfere with, damage, impair, or disable the operation of the Services by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.
e. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services.
f. Attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through hacking, password mining or any other means.
g. Attempt to interfere with the proper working of the Services or any activities conducted on the Services.
h. Attempt to obtain any materials or information through any means not intentionally made available through the Services.
i. Modify the Services in any manner or form, or use modified versions of the Services, for any reason including without limitation to obtain unauthorized access to the Services.
j. Use any automated means to access the Services for any purpose without the express written consent of the applicable Service Provider, or bypass robot exclusion headers or other measures used to prevent or restrict access to the Services.
k. Use any of a Service Provider's names, logos, graphics, or trademarks in any manner, including without limitation through framing techniques, meta tags, or "hidden text", without that Service Provider's express written consent.
l. Remove, alter, or obscure any trademarks or any intellectual property or proprietary rights notices from any Service, including any copy thereof.
m. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of any Service or any part thereof, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
n. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available an Application, or any features or functionality of an Application, to any third party for any reason, including without limitation by making an Application available on a network where it is capable of being accessed by more than one device at any time.
10. Access and Account Security
Each Service Provider may withdraw or change any of its Services, and any related service or material, in its sole discretion without notice. No Service Provider is liable if for any reason its Services are unavailable at any time. From time to time, each Service Provider may restrict access to its Services to users, including registered users.
If you choose or are provided with a user name, password, or any other piece of information as part of our security procedures, you must treat that information as confidential, and you must not disclose it to any other person or entity. Your account is personal to you, and you must not provide any other person with access to the Services or portions of it using your user name, password, or other security information. You must notify the applicable Service Provider immediately of any unauthorized access to or use of your user name or password or any other breach of security. You must also ensure that you exit from your account at the end of each session. You must use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
11. Changes to the Services
Each Service Provider may, but is not obligated to, update the content of the Services from time to time. Any of that content may be out of date at any given time.
Each Service Provider may, from time to time, develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, or new features. These updates may also modify or delete in their entirety certain features and functionality. No Service Provider is obligated to provide any such update or to continue to provide or enable any particular features or functionality of any Application. Based on your mobile device settings, when your mobile device is connected to the internet either (a) the Application will automatically download and install all available updates, or (b) you may receive notice of or be prompted to download and install available updates. You must promptly download and install all Application updates and acknowledge that Applications may not properly operate should you not do so.
Each Service Provider may, in its sole discretion and for any or no reason, terminate your access to the Services at any time, with or without notice, without liability to you or any third party.
13. Disclaimers; No Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH SERVICE PROVIDER DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY SERVICE PROVIDER OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THIS DISCLAIMER EXTENDS TO EACH SERVICE PROVIDER'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS, LICENSORS, AFFILIATES AND SUBCONTRACTORS.
THE USE OF THE SERVICES, AND ANY GOODS OR SERVICES OBTAINED THROUGH THE SERVICES, IS AT YOUR OWN RISK. THE SERVICES AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, GOODS, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
THE SERVICE PROVIDERS AND THEIR SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT REPRESENT OR WARRANT
(A) THAT THE MATERIALS, SERVICES, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SERVICES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY OF THE FOREGOING WILL BE CORRECTED;
(B) THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE; OR
(C) THAT ANY APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. YOU USE, ACCESS, OR OTHERWISE OBTAIN INFORMATION, MATERIALS OR DATA THROUGH THE SERVICES AT YOUR OWN DISCRETION AND RISK AND ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM AND MOBILE DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY SERVICE PROVIDER, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, ANY SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
You hereby release each Service Provider and its affiliates, licensees, licensors, vendors, suppliers, partners, designees, and assigns and each of their respective employees, officers, directors, and suppliers (collectively, the "Releasees") from all claims, causes of action, liabilities, losses, costs, and expenses (including without limitation attorneys' fees) relating to your use of the Services, whether known or unknown and whether past, present, or future.
You must indemnify and defend each Releasee against all claims, causes of action, losses, liabilities, costs and expenses (including attorney's fees) relating to your use of the Services or your violation of these Terms. The applicable Service Provider may, in its sole discretion and at your expense, assume the exclusive defense and control of any matter for which you are required to indemnify it, and you must cooperate with its defense in those matters. You must not to settle any matter without the prior written consent of the applicable Service Provider.
17. Dispute Resolution
If a dispute arises between you and any Service Provider, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, we strongly encourage you to contact the applicable Service Provider directly to seek a resolution. Each Service Provider will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
18. Governing Law; Forum
The laws of Illinois govern all matters arising under and relating to these Terms. You and each Service Provider (a) submit to the exclusive jurisdiction of the state and federal courts located within Cook County, Illinois for litigating all such matters and (b) waive all objections to the exercise of jurisdiction over you by those courts and to venue in those courts.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of a Service Provider to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
If any provision of these Terms is determined to be unlawful or unenforceable, then that provision is severed from these Terms and the remaining provisions remain in full force.
21. Assignment and Delegation
You may not assign any right or delegate any obligation under these Terms. Any purported assignment or delegation in violation of these Terms is void. Each Service Provider may freely assign and right or delegation any obligation under these Terms without notice to you.
22. The Parties' Relationship
No joint venture, partnership, employment, or agency relationship exists between you and any Service Provider as a result of these Terms or use of the Services.
23. Entire Agreement
These Terms constitute the final and exclusive agreement between you and the applicable Service Provider relating to the subject matter of these Terms and supersede all previous communications, understandings, and agreements, whether oral or written, between the parties with respect to that subject matter.
24. Comments and Concerns
Open Tender's website is operated by Open Tender Inc., located at 591 Evernia Street, Unit 2010, West Palm Beach, Florida 33401. All feedback, comments, requests for technical support, and other communications relating to that website should be directed to email@example.com. If you are a California resident, you may have this same information electronically mailed to you by sending a letter to the foregoing address with your electronic mail address and a request for this information.
Copyright 2017 Open Tender Inc. All Rights Reserved.