
Use of this website is subject to terms and conditions set forth below. By accessing this website, you acknowledge that you have read, understood and accepted these terms, as amended from time to time. Each use of the Website constitutes your agreement to be bound by the then-current terms and conditions set forth in these Terms of Use.
OpenExchange provides this web site and all information contained herein (collectively, the "Website") subject to your compliance with the terms and conditions set forth below. By accessing and/or using this Website or any data or service of this Website, including accessing the OpenExchange Portal (the “Portal”), you signify your acceptance of these Terms and Conditions of Use. OpenExchange reserves the right to change the terms, conditions and notices under which the Website is offered without notice at any time. Each use of the Website and the Portal constitutes your agreement to be bound by the then-current terms and conditions set forth in these Terms and Conditions of Use.
Restrictions on use: You may not copy, reproduce, republish, recompile, redeliver, decompile, disassemble, reverse engineer, distribute, publish, display, modify, upload, post, transmit, create derivative works from, use "frame" technology on, or in any other way create a misimpression or confusion among users with respect to sponsorship or affiliation, or exploit in any way material from the Web site.
YOU MAY NOT USE THE SERVICE FOR ANY ILLEGAL PURPOSE OR IN ANY MANNER INCONSISTENT WITH THE TERMS OF USE. YOU AGREE TO USE THE SERVICE SOLELY FOR YOUR OWN NONCOMMERCIAL USE AND BENEFIT, AND NOT FOR RESALE OR OTHER TRANSFER OR DISPOSITION TO, OR USE BY OR FOR THE BENEFIT OF, ANY OTHER PERSON OR ENTITY.
OpenExchange does not warrant that the Portal is compatible with your equipment or that this service, or e-mail sent by OpenExchange or its representative, is free of errors or viruses, worms or "Trojan horses," or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features.
OpenExchange makes no warranty whatsoever to you, express or implied, regarding the security of the Website and Portal, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through this service
Third-Party Links
Some links within this site may lead to other sites. OpenExchange is not responsible for any third party content that may be accessed through this website and the availability of links on this website to such third party content should not be construed as referrals to, or endorsements of, the linked entities or information that they make available.
No warranties: OpenExchange makes no warranty, express or implied, concerning the Website or Portal. The services provided by us and our third party providers are on an "AS IS" basis at your sole risk. OpenExchange expressly disclaims any implied warranty of merchantability or fitness for a particular purpose, including any warranty with respect to its correctness, quality, accuracy, completeness, reliability, performance, timeliness, or continued availability.
Neither OpenExchange nor any of its third party providers shall have any responsibility to maintain the data and services made available on the Website or Portal or to supply any corrections, updates, or releases in connection therewith. Availability of data and services are subject to change without notice.
This service may provide links to certain Internet sites (the "Sites") sponsored and maintained by third parties. OpenExchange is providing such links solely as a convenience to you. Accordingly, OpenExchange makes no representations concerning the content of the Sites. The fact that OpenExchange has provided a link to the Site does not constitute an endorsement, authorization, sponsorship, or affiliation by OpenExchange with respect to the Site, its owners, or its providers. OpenExchange has not tested any information, software, or products found on any of the Sites and therefore does not make any representations with respect thereto, including any representations regarding the content or sponsors of the Site, or the suitability or appropriateness of the products or transactions described therein.
No liability: None of OpenExchange, its affiliates or their officers, directors, principals, partners, shareholders, agents or employees shall have any liability, contingent or otherwise, to you or to third parties, or any responsibility whatsoever, for the failure of any connection or communication service to provide or maintain your access to this service, or for any interruption or disruption of such access or any erroneous communication between OpenExchange and you, regardless of whether the connection or communication service is provided by OpenExchange or a third party service provider. OpenExchange shall have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, completeness or delays, omissions, or interruptions in the delivery of the data and services available on the Website and Portal. In no event will OpenExchange be liable for any special, indirect, incidental, or consequential damages which may be incurred or experienced on account of you using the data or services made available on the Website and Portal, even if OpenExchange has been advised of the possibility of such damages. OpenExchange will have no responsibility to inform you of any difficulties experienced by OpenExchange or third parties with respect to the use of the services or to take any action in connection therewith.
If you submit material to this site or to OpenExchange or its representative, unless OpenExchange indicates otherwise, you grant OpenExchange, its affiliates, and representatives a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such content throughout the world in any form, media, or technology now known or hereafter developed. You also permit any other user to access, store, or reproduce such material for that user's personal use. You grant OpenExchange and its affiliates, representatives, and sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the material that you submit; that the material you submit is truthful and accurate; that use of the material you supply does not violate these Terms and Conditions of Use and will not cause injury to any person or entity; and that you will indemnify OpenExchange, its subsidiaries, and their respective affiliates, agents, directors, officers, employees, representatives, successors, and assigns for all claims resulting from material you supply. OpenExchange takes no responsibility and assumes no liability for any material submitted by you or any third party.
Intellectual Property
The OpenExchange Communications Portal and Website and all of their contents are © Copyright 2010 OpenExchange Communications, LLP. All rights reserved.
Trademarks: The trademarks, service marks, and logos (collectively, the "Trademarks") displayed on the Website and Portal are registered and common law trademarks of OpenExchange and various third parties. Nothing contained on the Website or Portal should be construed as granting any license or right to use any of the Trademarks without the written permission of OpenExchange or such other party that may own the Trademarks.
Applicable Law
Your use of the OpenExchange Website and OpenExchange Portal shall be governed by the laws of the Commonwealth of Massachusetts without regard to its choice of law principles. You agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Suffolk County, Massachusetts with respect to any legal proceedings arising out of these Terms and Conditions of use or your access and/or use of the OpenExchange Website or Portal.
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Our Commitment To Privacy
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used.
By accessing or using the OpenExchange Website (the “Website”) or OpenExchange Portal (the “Portal”), you acknowledge that you have read, understood and accept this privacy policy and its terms.
We gather important information from our visitors and customers. We publish this Privacy Policy to communicate how we gather and use your information and how we protect it.
OpenExchange reserves the right to change, alter or modify this policy for any reason at any time without notice to you. When we do so, changes in our Privacy Policy will be posted on our site and will be effective immediately.
Information Collected
This notice applies to all information collected or submitted on the Website and Portal. We request users to provide contact and account information such as such as name, job function, title, company name and industry, address, phone number, e-mail and the number of users in the organization who will be using the services. OpenExchange does not distribute or share customer information except as may be required by law or as needed for Investor due diligence, which includes user and market validation.
We will view or access individual records, for example, to resolve a problem or support issue. Of course, users of the Website and Portal are responsible for maintaining the confidentiality and security of their user registration details, including logins and passwords.
The Way We Use Information
OpenExchange may use your information, including personally identifiable information, for business purposes including, without limitation, for the following business purposes:
- To improve the quality of your visit to the Website and Portal.
- To complete your user registration.
- To send registration confirmations.
- To set up services for individuals and their organizations.
- To send marketing communications and informational newsletters that you have requested, opted-in to or otherwise agreed to receive.
- To send surveys to you.
- To contact customers and prospects to further discuss their interest in our company, the services we provide and ways we can improve them.
- To send information such as announcements of updates and events regarding our company or partners.
Visitors to the Website may choose to complete a contact form, which may request information such as name, address, telephone number, e-mail address, etc. Visitors may also use this form to share comments relating to our Website or our business in general. The information provided through this form will be used either to improve the content of our Website or to direct a member of our sales department to contact the visitor. None of the information provided in the contact form will be sold or transferred to any third party.
In addition, this information is logged to help diagnose technical problems and to administer the OpenExchange Website and OpenExchange Portal in order to constantly improve quality. We may also track and analyze non-identifying and aggregate usage and volume statistical information from visitors and customers and provide such information to third parties.
Our Commitment to Data Security
OpenExchange understands that the safety of your personal information is extremely important to you. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. Due to the nature of the Internet and related technology, we cannot guarantee the security of your personal information and OpenExchange expressly disclaims any such obligation.
Third Party Sites
The OpenExchange Website and OpenExchange Portal contain links to other web sites. OpenExchange is not responsible for the privacy practices or the content of these other web sites. Customers and visitors must check the policy statement of these others web sites to understand their policies. Customers and visitors who access a linked site may be disclosing their private information. It is your responsibility to keep such information private and confidential.
Other third parties, such as content providers, may provide information on the Website and Portal, but they are not permitted to collect any information, nor does OpenExchange share any personally identifiable user information with these parties.
The Use of Cookies
OpenExchange may also collect data on the general usage of the site. Like most web sites, the OpenExchange Website maintains logs that when analyzed show IP addresses of our visitors, date and time and pages viewed. These reports do not contain personally identifiable information. Cookies are also used in our site. Cookies are small text files that are placed in a site visitor's computer that contain no personal information about the visitor, but enable OpenExchange to determine whether the site visitor has viewed the site previously.
Cookies are also used to help us authenticate clients and provide time-saving shortcuts and preferences. OpenExchange uses a persistent encrypted cookie to save and retrieve individual authentication information as well as other per-client device preferences. When a visitor follows a link to the OpenExchange Website or Portal from an affiliate or promotion, OpenExchange stores information about that affiliate or promotion in a session cookie.

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