Terms of Use

1. Overview and Acceptance of Use

Welcome to Openfair! Openfair, Inc. ("Openfair") is a curated online marketplace connecting business Buyers with Sellers, accessible through its websites (collectively, the "Site") and mobile applications (collectively, the "Application") (together, the "Services"). Throughout these Terms of Service ("Terms"), the terms "Openfair", "our", "us", and/or "we" refer to Openfair. The terms "you" and/or "your" refer to any visitor of the Site and/or the Application and any user of the Services, including any Member (as defined below). These Terms govern your access to and use of the Services and Collective Content (defined below), and constitute a binding legal agreement between you and Openfair.

Please read these Terms, our Privacy Policy, the Buyer Terms of Service, and Seller Terms of Service, all of which are incorporated herein by reference and govern your access to and use of the Services. The Services are offered and available solely to users who are 18 or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Openfair and meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Services. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Eligibility and Account Registration

You must be at least 18 years old to use our Services. By creating an account, you represent and warrant that all information you provide is accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3. User Accounts and Responsibilities

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password.

4. Acceptable Use Policy

You agree not to use the Services for any unlawful purpose or in any way that interrupts, damages, or impairs the Services. You may not attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to the Services. You agree not to use the Services to transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

5. Intellectual Property Rights

The Services and all content, features, and functionality thereof are owned by Openfair, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services.

6. Business Listings and Transactions

Openfair provides a platform for buyers and sellers to connect and transact. We are not a party to any agreements entered into between buyers and sellers. All transactions are between the buyer and seller directly. Openfair does not guarantee the accuracy, completeness, or quality of any listings, and we are not responsible for any transactions between users.

7. Fees and Payment Terms

Certain features of the Services may require payment of fees. You agree to pay all applicable fees as described on the Services at the time you subscribe to or purchase such features. All fees are non-refundable unless otherwise stated. We reserve the right to change our fees at any time, upon notice to you if such change may affect your existing subscriptions.

8. Account Termination

We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Services or contact us to request account deletion.

9. Disclaimers and Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OPENFAIR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

10. Limitation of Liability

IN NO EVENT SHALL OPENFAIR, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.

11. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

12. Changes to Terms of Service

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms.

13. Contact Information

If you have any questions about these Terms, please contact us at: legal@notifications.openfair.co or Openfair Inc., 2261 Market Street STE 5908, San Francisco, CA 94114, United States.