Terms of Use

1. General

Openboard, Inc. ("Openboard", "we", "us", "our") owns and operates a website at www.openboard.com and mobile applications through which we offer services, including classified advertisement listings, forums, discussion groups, messages, comments, and other information provided as part of the services (collectively the "Services").

These terms of use ("Terms") govern your access to and use of the Services. Your access to and use of the Services is conditioned upon your acceptance and compliance with the Terms. By accessing and using the Services, you are accepting and agreeing to the Terms. If you do not accept and agree to the Terms, do not access or use the Services.

We reserve the right to change the Terms at any time. It is your responsibility to check the terms periodically for changes by clicking here. Your continued access to and use of the Services after the posting of changes will mean you agree to and accept the changes.

2. Eligible Users

To be eligible to access and use the Services, you must meet the following criteria: (i) you can form a binding contract with Openboard and you are not barred from receiving the Services under the laws of the United States and other applicable jurisdiction; (ii) if you are accepting these Terms and accessing or using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and you agree to be individually bound by the Terms; (iii) you are 18 years of age or older; and (iv) you are not a competitor of Openboard or you are not using the Services for reasons that are in competition with us.

3. Availability of the Services

We may modify or discontinue the Services (or any feature within the Services) to you or to all users without prior notice. We shall not be liable to you, or any other third party, for any such modification or discontinuance. We also reserve the right at our sole discretion to impose limits on use and data storage at any time without notice. We will have no obligation to store, maintain or provide you or any user or third party with a copy of any content you or any other user posts on or transmits through the Services.

4. Accounts and Passwords

Certain features of the Services require you to open an account. You may open no more than one account on your own behalf at any given time. To open an account, you must provide true, accurate, current, and complete information on the account registration form. You agree to maintain and promptly update this information as necessary to keep it true, accurate, current, and complete. If we have reasonable grounds to suspect that any of your information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and prohibit any and all of your further access to and use of all or part of the Services.

To open an account, you will be required to establish a user name and password. You agree that you are wholly responsible for the safekeeping and confidentiality of your user name and password. We are unable, and under no obligation, to confirm the identity or authority of any user of the Services. We are under no duty to inquire as to the authority or propriety of any instructions given to us and shall be entitled to act upon any such instructions. You are wholly liable for any and all activities occurring from use of your user name and/or password, including related content, and we shall not be liable for any loss or damage arising from your failure to comply with this Section 4, including any loss or damage arising from your failure to: (1) immediately notify us in writing of any unauthorized use of your user name or password, or any other breach of security; and (2) ensure that you log off at the end of each session.

You may deactivate your account at any time by submitting a request through the Services. To deactivate your account you must be signed into the site. You can deactivate your account by clicking here and following the instructions on that page. We will process the deactivation within a reasonable time of our receipt of your request.

5. License to Use the Services

Openboard gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Openboard, in the manner permitted by these Terms. This license will terminate upon the termination or deactivation of your account and/or your access to the Services.

All right, title and interest in and to the Services, excluding user content, are and will remain the exclusive property of Openboard and its licensors. The Services are protected by copyright, trademark and other applicable laws. You may not use the Openboard name, logos, domain names, and other distinctive brand features of Openboard or the Services.

You agree that any feedback or comments you provide about Openboard or the Services is voluntary, on a non-confidential basis, and we are free to use the information as we see fit and without any obligation to you or any third party.

You agree not to sell, resell, or offer for any commercial purposes any portion of the Services, use of the Services, or access to the Services.

6. User Conduct and Content

You are solely responsible for your access to and use of the Services, any related activities, and any and all information, data, text, software, music, sound, photographs, graphics, video, messages, account information, classified ads, user communications, user information, comments, or any other materials whatsoever (collectively, "content") that is posted or transmitted through or by your use of the Services. Any use or reliance on any content posted on or transmitted through the Services or obtained by you through the Services is entirely at your own risk.

You are required to comply with all laws, rules, and regulations applicable to your access to and use of the Services. You agree not to post or transmit any content through the Services that is inaccurate or violates or infringes in any way upon the rights of others, including but not limited to intellectual property rights. You also agree not to post or transmit content through the Services that is unlawful, threatening, abusive, defamatory, hateful, invasive of privacy rights, vulgar, obscene, profane, pornographic, or otherwise objectionable. Any conduct that we deem to restrict or inhibit any other person from using or enjoying the Services or that is otherwise in contravention of these Terms will not be permitted.

Openboard has no involvement in and has no responsibility or liability with respect to any communications, transactions, interactions, disputes, or any relations whatsoever between you and any other user, person or organization ("Interaction with Others"). You are responsible for conducting any necessary investigation, research or due diligence, as appropriate, with respect to such interactions. Openboard is not responsible for any user, user conduct or any content posted through or related to the Services. We have the right, but are under no obligation, to regulate content posted to or transmitted by any user through the Services. We also reserve the right to enforce these Terms for any reason and in any manner we deem appropriate and necessary, in our sole discretion, including the right to refuse or delete content at any time if we deem the content to be in violation of, or is otherwise inconsistent with, the Terms. We reserve the right at all times, but are under no obligation, to remove or refuse to distribute or transmit any content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you or any third party.

We may also access, read, preserve, and disclose content or other information if required to do so by law, to comply with a judicial proceeding or court order, or in response to a subpoena or legal process. We may also access, read, preserve, and disclose content or other information when we believe it is necessary to protect our rights, or to investigate, prevent, or take action regarding security or technical issues, illegal activities, suspected fraud, violations of the Terms, or to protect the rights, property, or personal safety of users or the public. Without limiting the foregoing, we reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be accessing or using the Services in violation of the law.

We do not endorse, represent or guarantee the accuracy, completeness, integrity, reliability, or quality of any content and under no circumstances shall we be liable in any way for any content, including, but not limited to, liability for any errors or omissions, or for any loss or damage of any kind incurred as a result of the use of or reliance upon any content by you or any third party.

You understand that by accessing or using the Services you may be exposed to content or other information that might be offensive, harmful, objectionable, inappropriate, inaccurate, or in some cases deceptive or mislabeled content.

You may not do any of the following while accessing or using the Services:

(i) access, attempt to gain unauthorized access to or use any non-public areas of the Services, including servers, systems or networks connected to the Services;

(ii) probe, scan or test the vulnerability of the Services, including servers, systems or networks connected to the Services;

(iii) breach, attempt to breach, circumvent, or attempt to circumvent any security or authentication measures of the Services;

(iv) "spider" or "crawl" the Services unless done so in accordance with the robots.txt file;

(v) use any device, program or methodology to automatically or manually access, copy, "scrape" content from, or monitor any part of the Services;

(vi) forge TCP/IP packet headers, header information or other identifiers to alter or disguise the source of information you send to or through the Services;

(vii) pretend to be, represent or impersonate another person or entity while using the Services;

(viii) interfere or attempt to interfere with the proper working of the Services or any other person's or entity’s access to the Services by means of, without limitation, imposing an unreasonable or disproportionately large load on the Services or by sending or posting viruses or malicious content to or through the Services.

7. Ownership and License of Content

You retain ownership of content that you post to or transmit through the Services. By posting or transmitting content on or through the Services, you hereby grant to Openboard a fully paid up and royalty-free, perpetual, irrevocable, non-exclusive, transferable, sub-licensable license to use, reproduce, modify, adapt, improve, publish, translate, create derivative works from, distribute, perform, remove, analyze, use, retain, and display such content (in whole or part) worldwide and/or to incorporate such content in other works in any form, media, or technology now known or later developed.

8. Privacy

Your access to and use of the Services is subject to our Privacy Policy, the terms of which are hereby incorporated by reference. You should carefully read our Privacy Policy before deciding to use the Services. Any information you provide to us, including any personally identifiable information, is subject to our Privacy Policy. To review our Privacy Policy, click here.

9. Termination

We may immediately terminate your account and/or your access to the Services for any reason (including but not limited to your violation of the Terms) and without notice in our sole discretion. We shall not be liable to you or any third party for the termination of your account and/or your access to the Services. You may deactivate your account in accordance with Section 4. These Terms shall survive any termination or deactivation of your account and/or access to the Services, except that your license to use the Services will immediately terminate in accordance with Section 5 herein.

Nothing in this Section 9 shall affect our right to change, limit or stop the Services without prior notice as provided in Section 3.

10. Links

The Services may display links to third party websites that are not owned or controlled by Openboard. Your access to, and use of, linked third party websites is solely at your own risk. Different terms of use and privacy policies may apply to third party websites. By clicking on links to third party websites, you acknowledge that Openboard is not responsible for those websites.

We reserve the right to disable third party links on the Services, although we are under no obligation to do so. We have no control over third party websites, we are not responsible for the content, advertising, products or other materials on, or availability of, such websites, and shall not be held liable, directly or indirectly, to you for any damage or loss incurred or suffered by you from your use of such third party websites. We make no representations concerning the content of any third party website. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any third party websites linked to from the Services.

11. Indemnification

You agree to indemnify, defend and hold us harmless from any and all third party claims, demands, damages, costs, and liabilities, including but not limited to costs of investigation and reasonable attorneys' fees and costs, arising out of or in connection with your (i) failure to comply with the Terms (ii) any content you post to or transmit through the Services, (iii) any activity in which you engage on or through the Services or that occurs through or by use of your account, (iv) your reliance on any user content, and (v) your Interaction with Others.

12. Disclaimer or Warranty; Limitations of Liability

YOUR ACCESS TO, AND USE OF, THE SERVICES IS SOLELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OPENBOARD ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, DELIVERY, OR FAILURE TO STORE ANY OF YOUR CONTENT, COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES.

OPENBOARD EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS 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. OPENBOARD MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, AND (IV) ANY ERRORS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. YOU WILL BE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE, SOFTWARE, AND OTHER EQUIPMENT NECESSARY FOR ACCESS TO AND USE OF THE SERVICES AND ALL CHARGES RELATED THERETO.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPENBOARD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE SERVICES; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS OR DATA; STATEMENTS, CONTENT OR CONDUCT OF ANY THIRD PARTY RELATING TO THE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES; OR ANY CONTENT OR OTHER MATTER RELATING TO THE SERVICES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL OPENBOARD'S TOTAL CUMULATIVE LIABILITY TO YOU OR OTHER THIRD PARTY UNDER THESE TERMS OR OTHERWISE EXCEED $100.00.

THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT OPENBOARD HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IN A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

OPENBOARD DOES NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO THE SERVICES. OPERATION OF THE SERVICES MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OPENBOARD'S CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE, AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK, MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE SERVICES. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY OPENBOARD.

13. Notice and Procedure for Copyright Infringement Claims

We respect the intellectual property rights of others and expect our users to do the same. It is our policy to respond promptly to claims of alleged intellectual property infringement that comply with applicable law and are properly provided to us in accordance with this Section 16.

If you believe that your content has been copied in a way that constitutes copyright infringement, notification must be sent to our designated copyright agent:

Openboard, Inc.
Attn: Copyright Agent
4637 Chabot Drive, Suite 206
Pleasonton, CA 94588

copyright@openboard.com

To be effective, the notification must be in writing and must include the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(iv) Information reasonably sufficient to permit us to contact the complaining party, including your address, telephone number, and an email address;

(v) A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,

(vi) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We may give notice of a claim of copyright infringement to our users by means of a general notice on our website, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's address in our records.

Openboard reserves the right in our sole discretion to remove alleged infringing content without prior notice and without liability to you or any third party. We may also terminate a user’s account if the user is determined to be a repeat infringer.

14. General Provisions

These Terms for the Services constitute the entire agreement between you and Openboard with respect to the subject matter hereof, and supersede all prior written or oral agreements with respect to such subject matter.

The Terms and any action related thereto shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the federal or state courts located in San Francisco County, California, United States, and you agree to waive any objection to such venue or jurisdiction.

If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the court should endeavor to give effect to the intent as reflected in these Terms, and that other provisions of the Terms will remain in full force and effect. No waiver by Openboard of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship of any kind between Openboard and you or any other person or entity, nor do these Terms extend rights to any third party.

The section headings used herein are for convenience only and shall not have any legal meaning.

15. Contact

For questions about the Terms, or to report violations of the Terms, contact us at:

Openboard, Inc.
4637 Chabot Drive, Suite 206
Pleasonton, CA 94588

terms@openboard.com

Effective: August 29, 2012 5:21:08 PM