Terms & Conditions

1. INTELLECTUAL PROPERTY RIGHTS

You acknowledge that Open IT, or third parties other than You, as applicable, own all rights, title, and interest in and to the Services including all Intellectual Property Rights, and portions thereof, including, but not limited to, all source code, databases, functionality, software, website designs, audio, video, text, information, data, photographs, graphics and the design, selection and arrangement thereof (collectively, the "Content"), as well as the trademarks, logos and service marks ("Marks") displayed on the Website or through the Services are the property of Open IT or such third parties and that Open IT or such third parties own all Intellectual Property Rights in such Content and Marks. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law and any and all other proprietary rights, and any and all applications, renewals, extensions, and restorations thereof, now or hereafter in force and effect worldwide. You acknowledge and agree that no title to any Intellectual Property Rights of Open IT or such third parties is transferred to You, and that You do not obtain any rights or licenses, express or implied, in the Content or Services other than the rights and licenses expressly granted in these Terms of Service. You are prohibited from using any Marks for any purpose including, without limitation, use as metatags on other pages or sites on the World Wide Web without the written permission of Open IT or such third party which may own the Mark.

2. USER REPRESENTATIONS

By using the Services, You represent and warrant that: (1) all registration information You submit will be true, accurate, current, and complete; (2) You will maintain the accuracy of such information and promptly update such registration information as necessary; (3) You have the legal capacity and You agree to comply with these Terms of Service; (4) You are not a minor in the jurisdiction in which You reside; (5) You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (6) You will not use the Services for any illegal or unauthorized purpose; and (7) Your use of the Services will not violate any applicable law or regulation.

3. USER REGISTRATION

You may be required to register with the Services. You agree to keep Your password confidential and will be responsible for all use of Your account and password. We reserve the right to remove, reclaim, or change a username You select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

4. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Services, You agree not to: (1) systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; (2) make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses; (3) use the Services to advertise or offer to sell goods and services; (4) circumvent, disable, or otherwise interfere with security-related features of the Services; (5) engage in unauthorized framing of or linking to the Services; (6) trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords; (7) make improper use of our support services or submit false reports of abuse or misconduct; (8) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; (9) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; (10) attempt to impersonate another user or person or use the username of another user; (11) sell or otherwise transfer Your profile; (12) use any information obtained from the Services in order to harass, abuse, or harm another person; (13) use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise; (14) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services; (15) attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services; (16) harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to You; (17) delete the copyright or other proprietary rights notice from any Content; (18) copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code; (19) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services; (20) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms"); (21) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software; (22) disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services; (23) use the Services in a manner inconsistent with any applicable laws or regulations.

5. USER GENERATED CONTRIBUTIONS

The Services may invite You to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide You with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions You transmit may be treated as non-confidential and non-proprietary. When You create or make available any Contributions, You thereby represent and warrant that: (1) the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of Your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party; (2) You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use Your Contributions in any manner contemplated by the Services and these Terms of Service; (3) You have the written consent, release, and/or permission of each and every identifiable individual person in Your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your Contributions in any manner contemplated by the Services and these Terms of Service; (4) Your Contributions are not false, inaccurate, or misleading; (5) Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation; (6) Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us); (7) Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone; (8) Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people; (9) Your Contributions do not violate any applicable law, regulation, or rule; (10) Your Contributions do not violate the privacy or publicity rights of any third party; (11) Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors; (12) Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap; (13) Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Service, or any applicable law or regulation.

6. CONTRIBUTION LICENSE

By posting Your Contributions to any part of the Services or making Contributions accessible to the Services by linking Your account from the Services to any of Your social networking accounts, You automatically grant, and You represent and warrant that You have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, Your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of Your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images You provide. You waive all moral rights in Your Contributions, and You warrant that moral rights have not otherwise been asserted in Your Contributions.

We do not assert any ownership over Your Contributions. You retain full ownership of all of Your Contributions and any intellectual property rights or other proprietary rights associated with Your Contributions. We are not liable for any statements or representations in Your Contributions provided by You in any area on the Services. You are solely responsible for Your Contributions to the Services and You expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding Your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor Your Contributions.

7. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Services ("Submissions") provided by You to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to You. You hereby waive all moral rights to any such Submissions, and You hereby warrant that any such Submissions are original with You or that You have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in Your Submissions.

8. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or You may be sent via the Services) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If You decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, You do so at Your own risk, and You should be aware these Terms of Service no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which You navigate from the Services or relating to any applications You use or install from the Services. Any purchases You make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between You and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and You shall hold us harmless from any harm caused by Your purchase of such products or services. Additionally, You shall hold us harmless from any losses sustained by You or harm caused to You relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

9. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of Your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

10. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: Privacy Policy. By using the Services, You agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service. Please be advised the Services are hosted in the United States. If You access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through Your continued use of the Services, You are transferring Your data to the United States, and You expressly consent to have Your data transferred to and processed in the United States.

11. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If You believe that any material available on or through the Services infringes upon any copyright You own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of Your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law You may be held liable for damages if You make material misrepresentations in a Notification. Thus, if You are not sure that material located on or linked to by the Services infringes Your copyright, You should consider first contacting an attorney.

12. TERM AND TERMINATION

These Terms of Service shall remain in full force and effect while You use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend Your account for any reason, You are prohibited from registering and creating a new account under Your name, a fake or borrowed name, or the name of any third party, even if You may be acting on behalf of the third party. In addition to terminating or suspending Your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

13. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to You or any third party for any modification, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to You. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by Your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

14. GOVERNING LAW

These Terms of Service and Your use of the Services are governed by and construed in accordance with the laws of the State of [State], United States applicable to agreements made and to be entirely performed within the State of [State], without regard to its conflict of law principles.

15. DISPUTE RESOLUTION

You agree to irrevocably submit all disputes related to these Terms of Service or the relationship established by these Terms of Service to the jurisdiction of the courts located in [City], [State] for the purpose of litigating all such disputes.

16. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

17. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

18. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

19. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, employees, directors, representatives and agents, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made or brought by You or Subscriber or any third party due to or arising out of: (1) Your Contributions or Submissions; (2) use of the Content, Website, or Services by You or Your or Subscriber's authorized users; (3) the violation by You, or Your members or anyone using Your computer or Your username and password, of these Terms of Service; (4) any breach of Your representations and warranties set forth in these Terms of Service; (5) the infringement or violation by You, or Your members or anyone using the Content, Services, or Website with Your computer or Your username and password, of the rights of a third party, including but not limited to any third-party Intellectual Property Rights; or (6) any overt harmful act toward any other user of the Services with whom You connected via the Services. Notwithstanding the foregoing, we reserve the right to exclusively defend and control the defense, settlement, and resolution of any and all claims arising from the above causes and any such indemnification matters arising therefrom, and You agree that You will fully cooperate with us in any such defenses and reimburse us for reasonable fees (including attorney's fees) and expenses in connection therewith. We will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

20. USER DATA

We will maintain certain data that Subscriber's Authorized Users and/or You transmit to the Services to manage the performance of the Services, as well as data relating to Your and/or Subscriber's Authorized Users' use of the Services (collectively, "User Data"). Although we perform regular backups of User Data, You are solely responsible for all User Data that You transmit or that relates to any activity You have undertaken using the Services. To the extent allowed under applicable law, we hereby disclaim liability for, and You agree that we have no liability to You for, any loss or corruption of any such User Data, and You hereby waive any right of action against us arising from any such loss or corruption of User Data.

Upon cancellation, termination or expiration of a subscription or termination of the Services by Subscriber, User Data will be preserved for thirty (30) days (the "Retention Period") and, upon request, made available to Subscriber within a commercially reasonable timeframe. After the Retention Period, such User Data may be permanently deleted from our servers and unrecoverable by You or Subscriber. After the Retention Period, we make no representations or warranties as to the preservation or integrity of User Data. You hereby agree that we shall have no obligation to retain User Data after the Retention Period, unless otherwise prohibited by law. If Subscriber renews its subscription prior to the end of the Retention Period, User Data shall remain available to You and Subscriber.

21. DATA SECURITY

We adhere to Payment Card Industry Data Security Standards ("PCI DSS") and will maintain our PCI DSS certification as a service provider. To the extent that You have signed up for the Services, or otherwise store, process, or transmit Cardholder Data (as defined in PCI DSS), You agree, during the Term, to comply with PCI DSS, undergo a yearly self-assessment and submit a yearly "Attestation of Compliance" or complete other certification processes and procedures as required by PCI DSS.

22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and You agree that all agreements, notices, disclosures, and other communications we provide to You electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

23. CALIFORNIA USERS AND RESIDENTS

If any complaint about us or the Services is not satisfactorily resolved by us, You can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

24. FORCE MAJEURE

We shall not be responsible for delays, nonperformance, damages, lost profits, or other losses caused directly or indirectly by any act of God, including, without limitation, fires, earthquakes, tornadoes, or hurricanes, as well as wars, labor disputes, communication failures, legal constraints, power outages, data transmission loss, data loss, failure or interception, incorrect data transmission or any other event outside the direct control of Open IT.

25. ENTIRE AGREEMENT/SEVERABILITY/WAIVER

These Terms of Service, the documents and policies referenced herein, and any other terms and conditions on the Website, constitute the entire agreement between You and Open IT with respect to the Services and govern Your use of the Services. If any provision(s) of these Terms of Service is found by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of You and Open IT, and the other provisions of these Terms of Service shall remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. These terms may not be altered, supplemented, or amended by You without the prior written consent of Open IT.

26. ASSIGNMENT

Open IT may assign, delegate, or otherwise transfer any or all of its rights and obligations to others at any time. You may not assign, delegate or transfer Your rights or obligations under these Terms of Services and any such prohibited assignment, delegation or transfer shall be null and void.

27. THIRD-PARTY BENEFIT DISCLOSURE

Open IT may from time to time enter into agreements or establish relationships with third parties. These arrangements may involve the provision of products or services at preferred pricing, opportunities to reduce costs, or other business purposes. In connection with Open IT's operations, we may also engage third-party vendors to provide technology, features or other services related to the NeibrPay platform. These arrangements may result in financial or other benefits to Open IT that are not distributed among or allocated to individual Subscribers.

28. MISCELLANEOUS

You acknowledge this is an online service. A printed version of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

Your acceptance of these Terms of Service and use of the Website does not create a joint venture, partnership, employment, or agency relationship between You and Open IT. You shall not represent in any way that You are in partnership with, are a joint venturer of, or have any employment or agency relationship with Open IT.

You agree that these Terms of Service will not be construed against Open IT by virtue of having drafted them.

29. CONTACT US

If You have any questions or concerns about these Terms of Service, please contact us: