Terms of Use

ACCEPTANCE OF CONTRACT TERMS

The following agreement sets forth the terms and conditions of use of this Open Choice Independence Ltd (Open Choice) website. By accessing and using this site you acknowledge that you have read, understand and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, please do not use this site.

RESTRICTIONS ON USE OF MATERIALS

Permission is granted to display, copy, distribute and download the materials on this site for commercial use only, provided you do not modify the materials on this site and that you retain all copyright and other property notices contained in the materials. You also may not, without Open Choice's permission, "mirror" any material contained on this site.

COPYRIGHT AND TRADEMARK

All content on this site, including but not limited to copyrights, trademarks, service marks, trade names, text, graphics, logos, icons, images, and software, along with the collection, arrangement and assembly of all content, is the property of Open Choice and other third parties and is protected by UK and international copyright and trademark laws. This content may not be copied, reproduced, republished, transmitted, distributed, altered or modified for public or commercial use without prior written consent of Open Choice. The foregoing shall exclude any public information or data reproduced on this site.

ELECTRONIC SUBMISSIONS

Open Choice may provide users of this site the ability to submit information ("Submissions") such as email questions to Open Choice which Open Choice may, in its sole discretion, attempt to answer. By using this service, you grant Open Choice permission to use these Submissions in connection with Open Choice's ordinary course of business. Any material, information, or idea you transmit to or post on this site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Open Choice, or its affiliates, at its discretion, including without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, or translate the Submission. Open Choice shall have no obligations with respect to these Submissions. By posting these Submissions you warrant and represent that you own or otherwise control all of the rights associated with your Submission. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material that would violate any law. You agree to indemnify Open Choice against any claim arising out of or related to the content of the Submission.

WARRANTIES AND DISCLAIMERS

OPEN CHOICE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE AVAILABILITY OR EFFECTIVENESS OF ANY SERVICE DEMONSTRATED OR DEPICTED IN ANYWAY ON THIS SITE. ANY SUCH REPRESENTATION OR WARRANTY SHALL BE CONTAINED IN A LICENSE AGREEMENT BETWEEN YOU AND OPEN CHOICE, IF ANY. OPEN CHOICE'S OBLIGATIONS WITH RESPECT TO ITS SERVICES ARE GOVERNED SOLELY BY THE AGREEMENTS UNDER WHICH THEY ARE PROVIDED AND NOTHING ON THIS SITE SHOULD BE CONSTRUED TO ALTER SUCH AGREEMENTS. THE DEPICTIONS, GRAPHICS, MODELS, SAMPLES, DEMONSTRATION PHOTOS OR ANY OTHER MATERIAL ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OPEN CHOICE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, OPEN CHOICE MAKES NO WARRANTY THAT (1) THE SERVICES DEPICTED WILL MEET YOUR REQUIREMENTS; (2) THE SERVICES WILL BE UNITERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (4) THE QUALITY OF SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS; (5) THE SERVICES DEPICTED REPRESENT CURRENT UPDATED OFFERINGS; AND (6) ANY ERRORS, DEFECTS, TECHNICAL OR OTHER MISTAKES, OR INACCURACIES IN THIS SITE, ITS SERVICES, OR MATERIALS WILL BE CORRECTED. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. OPEN CHOICE ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THIS SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THIS SITE.WITHOUT LIMITATION OF THE FOREGOING, YOU ACKNOWLEDGE THAT PROVIDED SOLELY AS A SERVICE TO USERS OF THIS SITE, OPEN CHOICE MAY INCLUDE LINKS TO OTHER SITES ON THE WORLD WIDE WEB PORTION OF THE INTERNET AND THAT OPEN CHOICE HAS NO CONTROL OVER, HAS NOT REVIEWED AND MAKES NO REPRESENTATIONS OF ANY KIND WHATSOEVER, REGARDING THE CONTENT OR APPROPRIATENESS OF THE CONTENT ON SUCH SITES. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SUCH LINKED SITES. IF YOU DECIDE TO ACCESS ANY OF THE LINKED WEBSITES, YOU DO THIS ENTIRELY AT YOUR OWN RISK.

LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to negligence, shall Open Choice or its affiliates, be liable to you or any third parties for any direct, indirect, incidental, special, consequential or punitive damages of any kind resulting from the use, inability to use this site, or the results of use of this site, including damages for loss of profits, use of data, lost data, business interruptions, or other intangibles, even if Open Choice has been advised of the possibility of such damages. If your use of the materials, information, or services from this site results in the need for servicing, repair, or correction of equipment of data, you assume all costs thereof. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

INDEMNIFICATION

You hereby indemnify, defend and hold Open Choice and all officers, directors, owners, agents, employees, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this agreement, including, without limitation, reasonable attorneys' fees. You shall use your best efforts to cooperate with Open Choice, in the defence of any claim. Open Choice reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

TERMINATION

This agreement is effective until terminated by either party. You may terminate this agreement at any time by ceasing any and all use of this site and by destroying all materials obtained from any and all Open Choice site(s) and all related documentation. This agreement will also terminate immediately without notice from Open Choice if you fail to comply with any term or provision of this agreement. Upon termination, you agree to cease any use of this site and destroy all materials obtained from this site and any and all other Open Choice site(s), and all copies thereof, whether made under the terms of this agreement or otherwise.

JURISDICTIONAL ISSUES

Open Choice from its offices within the United Kingdom controls this site. Therefore, the laws of the United Kingdom shall govern these terms and conditions without giving effect to the principles of conflicts of law. You agree and consent that the courts of the United Kingdom shall be the forum for resolving any disputes, suits or claims arising out of the use of this site, or the information obtained from this site, and will not raise the defence of an inconvenient forum in any such action. Open Choice makes no representation that materials or services at this site are appropriate or available for use outside the United Kingdom, and access to them from territories where their contents is illegal is prohibited. You may not use or export the materials or services at this site or any copy or adaptation in violation of any applicable laws including without limitation UK. export laws and regulations. If you choose to access this site from outside the United Kingdom, you do so on your own initiative and are responsible for compliance with applicable local laws.

OTHER

If any provision of this agreement shall be held by a court of law (or other such official) as being unlawful, void, and inapplicable or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Open Choice reserves the right to change or modify the terms and conditions applicable to the use of this site at any time without notice to you. Such changes, modifications, additions, or deletions to the terms and conditions of use shall be effective immediately. Any use of this site shall be deemed to constitute acceptance by you of all then-current terms and conditions. Open Choice may terminate, change, suspend or discontinue any aspect of the site, including the availability of any features of this site, at any time. Open Choice may also impose limits on certain features and services or restrict your access to parts of this site without notice or liability.

These terms and conditions make up the entire agreement between the parties relating to the subject matter herein and shall not be modified by either party except as discussed above.