Terms of Use For This Website
Welcome to OpenFin’s website!
Summary of Terms
Your access and use of this Website is subject to the following Terms (“Website”, “Terms” and most definitions of capitalized words used in these Terms are located in the last paragraph). You may access this Website for non-commercial reasons only. Further, our Software accessed via this Website may only be used for development purposes and is subject to our Development Agreement. Competitors of OpenFin may not access this Website or our Software in any manner. If you breach these Terms, or OpenFin terminates your right to access this Website in its discretion, you must immediately destroy any Website Content you have and may not access this Website again.
Comprehensive Terms
Your Permitted Uses of this Website
You may view and download the Website Content only for your personal and non-commercial use. If you are accessing it in your role as an employee of a company, you may also use it within the company for such company’s main business purposes. Other than Marketing Content, you may not ever distribute or otherwise use the Content publicly.
“Marketing Content” is a subset of Content and shall include any Content that is intended by OpenFin to be disseminated, in particular white papers, customer stories, marketing brochures, blogs, and news. Marketing Content is mostly located in the “Customers” and “Company” sections of the Website. Marketing Content shall not include any Content for which registration with your name and email is required, such as registration for our Newsletter or Events. As long as you do not modify it, you may freely disseminate Marketing Content. Other than this right to disseminate Marketing Content, Marketing Content otherwise remains subject to the restrictions upon Content in the other paragraphs of these Terms.
You agree not to: (a) modify the Website; (b) access the Website if you are a competitor of OpenFin or for a commercial purpose; (c) use the Website in a manner that is fraudulent, libelous, defamatory, tortious, obscene, threatening, abusive, malicious, offensive, hateful, objectionable, constitutes or encourages a criminal offense, violates the rights of another or otherwise violates or conflicts with these Terms or any applicable law; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; (e) interfere, disrupt, or attempt to gain unauthorized access to the Website, any restricted portions of the Website or any computer network or equipment; (f) use any processes to “crawl” or “scrape” any the Website; (g) frame or otherwise simulate the appearance or functions of the Website and/or (h) remove or alter any copyright, trademark and other proprietary notices and legends contained on the Website (and any printouts thereof).
Information Provided by You and Your Privacy
With respect to any information which you provide to OpenFin via the Website or in any related manner including via upload, registration, or Website emails, you hereby grant OpenFin a license to use this information in any manner, including a right to perform, display, reproduce, prepare derivative works from, distribute, sell, sublicense, and transfer without restriction. You represent to OpenFin that you have all rights necessary to grant OpenFin this license. The license in this paragraph does not apply to the subset of personal information that you provide or we obtain in connection with your access to the Website, which is subject to our Privacy Policy here https://www.openfin.co/privacy/.
OpenFin Owns this Website
OpenFin owns or licenses this Website and all Content on this Website. The Content is copyrighted and/or trademarked, and any unauthorized use of the Content violates these Terms and may violate copyright, trademark, contract and other laws. OpenFin trademarks, logos, and service marks displayed on the Website, including OpenFin®, The Operating System of Finance®, Move Fast. Break Nothing® and FinJS®, are trademarks of OpenFin in the U.S. and other countries.
Links to Other Websites
Links to other websites are provided solely as a convenience to you. OpenFin does not endorse such sites and is not responsible for their content. If you decide to access any of the sites linked to this Website, you do so entirely at your own risk.
Employment Opportunities
OpenFin may post employment opportunities on the Website and/or invite users to submit resumes to OpenFin. Thank you if you are interested in OpenFin as your potential employer! If you choose to submit your name, contact information, resume and/or other personal information to OpenFin in response to such employment listings, you are authorizing OpenFin to use this information for all lawful and legitimate hiring, employment and business purposes. Nothing on this Website constitutes a promise by OpenFin to review any such information, or to contact, interview or employ any individual who submits such information.
Recruitment firms, if you wish to reach out to us regarding our job postings, you may only reach out to externalrecruitment@openfin.co or your communication will not be reviewed. OpenFin may review these communications at its discretion. Agencies may not contact individuals within our organization with solicitations for other employment. Firms that do not follow these guidelines risk having all communication from their firm being blocked.
You Indemnify OpenFin
You agree to indemnify, defend and hold harmless OpenFin against any claim, liability, expense or damages relating to your access or use of the Website.
Website Content Changes and Disclaimer
THIS WEBSITE AND ITS CONTENT ARE SUBJECT TO CHANGE WITHOUT NOTICE. OUR CONTENT SHALL NOT CONSTITUTE A REPRESENTATION, WARRANTY OR OTHER COMMITMENT BY OPENFIN WITH RESPECT TO ANY SERVICE AND OPENFIN HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, SUITABILITY FOR ANY PURPOSE OR COMPLETENESS OF THE CONTENT.
OpenFin Excludes Liability for this Website
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPENFIN, ITS AFFILIATES, OR ITS SUPPLIERS AND LICENSORS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT OPENFIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING IN CONNECTION WITH THIS WEBSITE.
Digital Millennium Copyright Act (DMCA) Procedures
OpenFin respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act, OpenFin will respond expeditiously to claims of copyright infringement committed using the Website submitted in accordance with the instructions below.
Your notice must include: (a) a description of the copyrighted work that you claim has been infringed; (b) a description of the location on the Website where the allegedly infringing content is located, including at a minimum, if applicable, the URL of the link shown on the Website; (c) your full name, postal address, telephone number, and email address; (d) a statement that you have a good faith belief that the use of such content is not authorized; (e) your physical or electronic signature; and (f) a statement that you are the copyright owner or an authorized agent of the owner.
Contact information for DMCA claims of copyright infringement is legal@openfin.com.
Termination
OpenFin may terminate your right to access this Website for any reason at its discretion. If OpenFin terminates, you must immediately destroy any Content you have and may not access this Website again.
Mandatory Binding Arbitration under NY Law
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any dispute relating in any way to this Website will be brought exclusively in the Federal or State courts located in the State of New York and you irrevocably agree to submit to the exclusive jurisdiction of such courts.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Any dispute or claim relating in any way to this Website will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Definitions
“Website” includes this web site and its content (“Content”). Your use of the Website is subject to the most current version of these terms (“Terms”) posted on the Website at the time of such use. References in these Terms to “OpenFin”, “we” or “our” shall include OpenFin Inc. and its subsidiaries and their agents. These Terms do not cover any software (“Software”) related Software support tickets (“Support Tickets”) or related Software documentation (“Documentation”) accessed via this Website. Software, Support Tickets and Documentation shall consist mainly of the content found in the “Versions”, “Support-Support Tickets”, “Support-Knowledge Base” and “Documentation” sections of our Website. Use of our Software, Support Tickets and Documentation are governed by this “Developer Agreement”: https://www.openfin.co/developer-agreement/. The references to Website and Content in these Terms shall not include Software, Support Tickets and Documentation. The references to Website in these Terms, shall include Content.
You may reach out to legal@openfin.co for any inquiries or notices regarding these Terms.
Last updated: November, 2023