Acceptance of terms

Welcome to the OpenMarket website. Your access to and use of this website is subject to the following terms and conditions and all applicable laws. By accessing and using this site, you accept the following terms and conditions, without limitation or qualification. Creation of an OpenMarket account is governed by a separate agreement that you can review with an OpenMarket Sales Representative. Please read this document carefully before using this site. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS DOCUMENT, DO NOT USE THIS SITE IN ANY MANNER. If you are using this site on behalf of your employer, you represent that you are authorized to accept these terms and conditions. You represent that you have the lawful right to submit any information you provide and agree that you will not submit any information unless you are legally entitled to do so. Because of the open nature of the Internet, we recommend that you not submit information you consider confidential.

Modifications

These terms and conditions apply to all visits to the OpenMarket website, both now and in the future. OpenMarket may at any time revise these terms by updating this posting. Your continued use of this site following the posting of changes will signify your acceptance of those changes.

Restrictions on use of content

The information provided on this site is free of charge and for informational purposes only and does not create a business or professional services relationship between you and OpenMarket. Nothing contained in this site shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of OpenMarket or any third party. This site and the content provided in this site, including, but not limited to, graphic images, audio, video, HTML code, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of OpenMarket, except that you may download, display, and print one copy of the materials on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices.

Copyright and trademarks information

Unless otherwise stated, the contents of this site including, but not limited to, the text and images contained herein and their arrangement are the property of OpenMarket. OpenMarket is a registered trademark of OpenMarket Inc. The OpenMarket logo and all other marks used in relation to OpenMarket goods and services are trademarks and /or service marks of OpenMarket Inc. All other trademarks used or referred to in this website are the property of their respective owners. You are responsible for complying with the laws of the jurisdiction from which you are accessing this site and you agree that you will not access or use the information on this site in violation of such laws. Unless expressly stated otherwise herein, any information submitted by you through this site shall be deemed non-confidential and non-proprietary. You agree not to use this site in any manner that could damage, disable, overburden or impair any OpenMarket server, or the networks connected to any OpenMarket server, or interfere with any other party’s use of the site.

Links to other sites

Links on this site may lead to services or sites not operated by OpenMarket. No judgment or warranty is made with respect to such other services or sites and OpenMarket takes no responsibility for such other sites or services. A link to another site or service is not an endorsement of that site or service. Any use you make of the information provided on this site, or any site or service linked to by this site, is at your own risk.

Privacy policy

OpenMarket respects your desire for privacy. Please reference our privacy policy page for more information. By using this site, you are consenting to the terms of our privacy policy.

Disclaimer of warranty

OPENMARKET PROVIDES ALL MATERIALS AND INFORMATION PUBLISHED ON THIS WEB SITE “AS IS” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENTOR TITLE AND QUIET ENJOYMENT. OPENMARKET SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, LOSS OF PROFITS OR REVENUES OR COSTS OF REPLACEMENT GOODS, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity

You agree to indemnify, defend and hold OpenMarket and its affiliates, officers, agents, co-branders, partners and employees harmless from any claim or demand, including reasonable attorneys’ fees made by any third party due to or arising out of your use of the site, including without limitation, any use by your employees, your connection to the site, your violation of these terms and conditions, or your violation of any rights of another.

General information

These Terms of Service shall be governed by the laws of the State of New York, without regard to its conflict of laws rules. Any legal action arising out of this shall be resolved exclusively by arbitration conducted in New York, NY, by a sole arbitrator, in accordance with the rules of the American Arbitration Association and shall be appointed by agreement of the Parties; if the Parties fail to agree upon the Arbitrator within 30 days of notice of arbitration provided by either Party, the AAA shall appoint the Arbitrator Upon rendering a decision, the Arbitrator shall state in writing the basis for the decision. The Arbitrator’s decision shall be final and binding upon the Parties, provided however that a Party may petition a court of competent jurisdiction to: (i) vacate the Arbitrator’s award or decision on the grounds of the Arbitrator’s failure to abide by the provisions of this Terms of Use; or (ii) seek preliminary or final injunctive or other equitable relief. Judgment on the award or any other final or interim decision rendered by the Arbitrator may be entered, registered or filed for enforcement in any court having jurisdiction thereof. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the site or the terms and conditions must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in this document are for convenience only and have no legal or contractual effect.

Effective date

The effective date of this version of the Terms and Conditions is February 1, 2014.

Contact us today!

If you would like more information on becoming an OpenMarket customer, please contact us.