TERMS OF SERVICE
Updated on May 1, 2017
OpenTrade Inc. is the owner of this website (this “Site”), and provides a variety of website features (“OT Services”). We provide OT Services only under the the policies described below (“Terms of Service”), and by accessing this Site and using OT Services you agree to be bound by these Terms of Service. Please note that OpenTrade reserves the right to change these Terms of Service by posting revised versions of the provisions below at any time.
Your privacy is important to us. Please review our Privacy Notice, which also governs your use of the OT Services.
AGREEMENT TO DEAL ELECTRONICALLY
You agree that OpenTrade may deal with you electronically for all aspects of use of the Site, including sending you electronic notices and other disclosures. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. However, delivery of electronic notices is not infallible, so if you are uncertain or need information about the Site or a transaction – please contact OpenTrade. Except as prohibited by law, Buyer waives any law requiring different communication methods in connection with OT Services.
LICENSE TO USE SITE
Subject to your compliance with our Terms of Service, OpenTrade grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the OT Services. This license does not include any resale or commercial use of any OT Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any OT Service or its contents; any downloading or copying of account information for the benefit of another business activity; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in our Terms of Service are reserved and retained by OpenTrade or its licensors, suppliers, publishers, rightsholders, or other content providers. OpenTrade reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site with or without notice.
ORDERS SUBJECT TO COMPANY CONSENT TO PURCHASE AGREEMENT TERMS & CONDITIONS
OpenTrade is an online search platform that connects buyers of industrial chemicals and sellers of industrial chemicals. ALL ORDERS OF ANY KIND ARE EXPRESSLY AND SOLELY CONDITIONED ON YOUR ACCEPTANCE OF OPENTRADE’S TERMS OF SALE.
WARRANTIES & WARRANTY DISCLAIMER
OpenTrade attempts to be as accurate as possible. However, OpenTrade does not warrant that product descriptions or other content of any OpenTrade Service is accurate, complete, reliable, current, or error-free. THIS SITE AND ALL INFORMATION AND SERVICES WITHIN IT ARE PROVIDED “AS IS.” OPENTRADE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, CONDITION, COMPLETENESS OR ACCURACY OF THE INFORMATION AND OTHER MATERIALS PREPARED OR PUBLISHED BY OPENTRADE OR ANY THIRD PARTY HEREIN. OPENTRADE DOES NOT WARRANT THAT ACCESS TO OR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEBSITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. OPENTRADE EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OR MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, AND ACCURACY. STATEMENTS MADE IN FORUMS, CONFERENCES AND CHATS REFLECT ONLY THE VIEWS OF THEIR AUTHORS, AND DO NOT NECESSARILY REFLECT THOSE OF OPENTRADE. ADVICE RECEIVED IN ANY FORUM WITHIN THIS WEBSITE SHOULD NOT BE RELIED ON FOR IMPORTANT DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. YOU AGREE THAT OPENTRADE WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR ANY SOFTWARE OR SERVICES WITHIN IT, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF OPENTRADE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
The parties will submit any dispute related to or arising out of the Site or these Terms of Service to arbitration in Seattle, Washington before one arbitrator under the American Arbitration Association’s Commercial Arbitration Rules. A party may seek interim relief from any court having jurisdiction without waiving any remedy under this Agreement. The arbitrator may not award punitive damages or other damages not measured by actual damages, or limit, expand or otherwise modify the terms of this Agreement. A party may enter a judgment on an award in any court having jurisdiction. The prevailing party is entitled to an award of reasonable attorney fees. This Agreement is governed by the laws of the state of Washington.
EFFECTIVE DATE; MODIFICATIONS; SEVERABILITY
This Agreement takes effect on the date you first use the Site and continues for as long as you use the Site. OPENTRADE RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME BY POSTING CHANGES ON-LINE. YOU ARE RESPONSIBLE FOR REVIEWING REGULARLY ALL INFORMATION POSTED ON-LINE CONCERNING USAGE POLICIES IN ORDER TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR CONTINUED USE OF THIS SITE AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.