Last updated September 25, 2018
Open Tender Print Application
“Developer” means Brandibble Co., a Delaware corporation.
“Material” means each material relating to the Service, including without limitation the audiovisual content and interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, and services.
“Security Information” means your user name, password, and any other information relating to the Service’s security procedures.
“Service” means the Open Tender Print software application and the corresponding services it provides.
“You” means the person who accepts these terms or the organization on behalf of which a person accepts these Terms.
2. ACCEPTANCE OF TERMS
You may be asked to pay the Developer a monthly fee for your use of the Service, which will be automatically collected through the payment method that you select during set-up for the Service. You are responsible for payment of all sales, use, excise, or similar taxes (excluding taxes based on the Developer’s income) imposed by federal, state, or local tax authority. You must notify the Developer of any billing errors no later than 120 days after an error appears on your invoice.
5. MODIFICATION OF THE TERMS
6. OWNERSHIP; PROPRIETARY RIGHTS
The Service is owned and operated by the Developer. All Materials are protected by United States intellectual property laws and are the Developer’s property. The Developer’s name and logos, and all trademarks, service marks, and trade names contained in the Materials, belong to the Developer.
The Developer 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
The Service is controlled and offered by the Developer from its facilities in the United States. The Developer does not represent or warrant that the Service is appropriate or available for use in other locations, and you must not access or use the Service from territories where doing so would be illegal. Those who access or use the Service from other jurisdictions do so at their own risk.
8. PROHIBITED USES
You must not do any of the following:
a. Use the Service for any purpose that is unlawful in any applicable jurisdiction or prohibited by these Terms.
b. Reproduce, duplicate, copy, sell, trade, resell, distribute, exploit, modify, adapt, translate or create derivative works based upon any portion of the Service, including any Materials.
c. Interfere with, damage, impair, or disable the operation of the Service by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.
d. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of any content accessible through the Service, or features that enforce limitations on the use of the Service.
e. Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through hacking, password mining or any other means.
f. Attempt to interfere with the proper working of the Service or any activities conducted on the Service.
g. Attempt to obtain any materials or information through any means not intentionally made available through the Service.
h. Modify the Service in any manner or form, or use modified versions of the Service, for any reason including without limitation to obtain unauthorized access to the Service.
i. Use any automated means to access the Service for any purpose without the Developer’s express written consent, or bypass robot exclusion headers or other measures used to prevent or restrict access to the Service.
j. Use any of the Developer’s names, logos, graphics, or trademarks in any manner, including without limitation through framing techniques, meta tags, or “hidden text”, without the Developer’s express written consent.
k. Remove, alter, or obscure any trademarks or any intellectual property or proprietary rights notices from the Service, including any copy thereof.
l. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service or any part thereof, except to the extent that this limitation is expressly prohibited by applicable law.
m. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service, or any features or functionality of the Service, to any third party, except your employees who need to use the Service to perform their duties.
9. ACCESS AND ACCOUNT SECURITY
The Developer may withdraw or change the Service, and any related service or material, in its sole discretion without notice. The Developer is not liable if for any reason the Service is unavailable at any time. From time to time, the Developer may restrict access to the Service to users, including registered users.
You must treat as confidential your Security Information, 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 Service or portions of it using your Security Information. You must notify the Developer immediately of any unauthorized access to or use of your Security Information or any other breach of security.
10. CHANGES TO THE SERVICES
The Developer may, but is not obligated to, update the content of the Service from time to time. Any of that content may be out of date at any given time.
The Developer 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. The Developer is not obligated to provide any such update or to continue to provide or enable any particular features or functionality of any application.
Based on your device settings, when your 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.
The Developer may immediately suspend or terminate your use of the Service if (a) you violate any of these Terms; (b) the Developer believes your use of the Service may damage its reputation or infringe intellectual property rights; (c) the Developer suspends or terminates its agreements with any third party involved in providing the Service; (d) the Developer cease to provide the Service in general; (e) you exceed normal and reasonable usage for the Service; (f) you experience a bankruptcy or insolvency event; or (g) you use the Service for any fraudulent, illegal, or unauthorized purpose, or engage in willful misconduct with respect to use of the Service.
For any other reason or for no reason, the Developer may, in its sole discretion, suspend or terminate your use of the Service, without liability to you or any third party, by providing you with 30 days’ prior notice.
You may terminate your agreement to these Terms at any time and for any reason (without cause) by providing notice to the Developer. Termination is effective at the end of the month or billing period in which you give notice. You will not receive a refund for that month or billing period.
12. DISCLAIMERS; NO WARRANTIES
To the fullest extent permitted by applicable law, the Developer 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 the Developer or through the Service creates any warranty not expressly stated herein. This disclaimer extends to the Developer’s officers, directors, employees, shareholders, agents, suppliers, licensors, affiliates and subcontractors.
The use of the Service, and any goods or services obtained through the Service, is at your own risk.
The Service and any third-party media, content, software, goods, services or applications made available in conjunction with or through the Service is provided on an “as is” and “as available” basis and without warranties or representations of any kind, either express or implied.
The Developer and its suppliers, licensors, affiliates, and partners do not represent or warrant
(a) that the materials, services, or any other information offered on or through the Service 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 Service 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 Service 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.
13. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no event will the Developer, 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, the Service or any content on or linked to the Service, 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 the Developer 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) (collectively, “Claims”) relating to your use of the Service, whether known or unknown and whether past, present, or future.
You must indemnify and defend each Releasee against all Claims relating to your use of the Service or your violation of these Terms. The Developer 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 Developer’s prior written consent.
16. GOVERNING LAW; FORUM
The laws of Illinois govern all matters arising under and relating to these Terms. You and the Developer (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 Developer’s failure to exercise or enforce any right or provision of these Terms does 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.
19. 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. The Developer may freely assign and right or delegation any obligation under these Terms without notice to you.
20. THE PARTIES’ RELATIONSHIP
No joint venture, partnership, employment, or agency relationship exists between you and the Developer as a result of these Terms or your use of the Service.
21. ENTIRE AGREEMENT
These Terms constitute the final and exclusive agreement between you and the Developer relating to the subject matter of these Terms and supersede all previous communications, understandings, and agreements, whether oral or written, between you and the Developer with respect to that subject matter.
22. COMMENTS AND CONCERNS
Please direct all feedback, comments, requests for technical support, and other communications relating to the Service to the Developer at firstname.lastname@example.org.