OpenChime is a service that helps consumers find and connect with businesses. If you submit a request to OpenChime, we will try our best to find a provider that matches it, but do not guarantee a response. We also reserve the right to cancel or block your request. Lastly, we do not guarantee the performance or quality of a service Provider. We simply help you connect with potential providers. Hopefully OpenChime makes your life easier. If you are a business and have received a request from OpenChime, we will not charge you for responding to or using the service unless you have explicitly signed up for a paid plan. You can respond at your discretion, and we hope that you do, but we can not guarantee that a consumer will respond or book your business.
OpenChime is a website that helps users find quotes for services and products from providers.
Thank you for your interest in OpenChime.com, an internet website (“Website”) owned and operated by OpenChime, Inc, a Delaware Corporation (“OpenChime”, “we”, or “us”). OpenChime provides consumers ("Consumers") an online venue to solicit quotes for trades, services, and products from providers and professionals in various lines of work and commerce (collectively hereinafter referred to as "Providers"). Please read these Terms of Use and Service Agreement ("Agreement") in its entirety to become a user ("User") of the OpenChime Website.
What the terms mean. Anytime these are referenced in the contract, they are defined in this section.
The words and expressions below are used throughout this Agreement and where they are used they shall have the following meanings:
OpenChime. OpenChime means OpenChime, Inc, a Delaware Corporation.
Consumer. A Consumer means any User of OpenChime who posts a Request on the Website.
Law. A Law means any declaration, decree, directive, legislative enactment, order, ordinance, regulation, rule or other binding restriction of or by any Federal, state, municipal, local, territorial, or other governmental department, regulatory authority, or judicial or administrative body, including any such Law in modified or supplemented form and any newly adopted Law replacing a previous Law.
Reply. A Reply means a response, whether in electronic or other form, from a Provider that may include information responsive to a User’s request, including but not limited to, pricing, estimates, referrals, and appointment availability.
Routing System. The Routing System is the system and devices by which Requests and Replies are retrieved and delivered to relevant Users.
Subscription Fee. Subscription Fee shall be defined as a fee paid by Providers for being allowed to provide or submit a Reply to a Consumer Request, as set forth in the Subscription section below.
Provider. A Provider means an individual, organization or any other recognized legal entity that registers as such on OpenChime and/or submits a Reply to perform a particular service or provide a particular product in response to a Request posted by a Consumer. If a Provider is a corporate entity, the term "Provider" shall include the affiliated personnel performing services on behalf of such Provider.
Service Request. Service Request. A Service Request means the descriptive request for service or work posted by a Consumer on the Website for the purposes of soliciting a Reply from one or more Provider(s).
Product Request. A Product Request means the descriptive request for a product posted by a Consumer on the Website for the purposes of soliciting a Reply from one or more Provider(s).
User. A User is any Consumer and/or Provider that either submits a Request on the Website or provides a Reply to a Request and makes use of the benefits/services of the Website.
Website. The Internet platform operated by OpenChime which can currently be found at www.openchime.com.
If you send or reply to a request you agree to these terms.
This Agreement is an electronic contract that sets out the legally binding terms of a User's use of the Website and/or OpenChime’s services. By submitting a Request on the Website or submitting a Reply to a Request, you accept and agree to be bound by the terms of this Agreement, whether or not you register with the Website. Please read this Agreement carefully. This Agreement includes OpenChime's Privacy Policy, and any notices regarding the Website. By accessing the Website or becoming a User, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein. You agree and understand that certain features of the Website may be subject to additional terms and conditions or registration requirements. You agree to abide by these additional terms and you further agree that a violation of those terms while you are accessing the Website shall constitute a breach of this Agreement. OpenChime reserves the right to change this Agreement, and any additional terms at any time, effective upon making the modified provisions available on the Website or by notifying Users directly. Users are responsible for regularly reviewing this Agreement. Continued use of the Website after any such changes are made to this Agreement shall constitute your consent to such changes. OpenChime does not and will not assume any obligation to notify Users of any changes to this Agreement, or the creation or modification of any additional terms.
Use of the Website or OpenChime’s Services is permitted only by individuals who can form legally binding contracts under applicable Law. Without limiting the foregoing, use of the OpenChime Website or OpenChime’s services is not permitted by anyone under the age of 13. If you do not qualify, please do not use the Website.
You can use this site for free- yay!
You may become a User of the Website at no cost. As a User, you will have the ability to create Service Requests and Reply to Service Requests.
You can respond to OpenChime requests for free. If you become a paid service provider to take advantage of additional offerings, you agree to pay the respective fees.
OpenChime allows Providers to receive Service and Product Requests from Consumers using the Website.
If Provider so chooses, Provider will pay OpenChime a Subscription Fee in accordance with OpenChime's then-current fee schedule for each Request referred to Provider where (a) applicable Law requires the Service Provider to provide a Quote only after an onsite visit, (b) the nature of Service Provider's business requires an on-site or telephone consultation with the Customer before submission of a Quote, or (c) applicable Law restricts the Service Provider from paying a fee based on a percentage of revenue generated by a referral. If elected, the Subscription Fee shall be paid by the Provider whether or not the Provider's Reply is accepted by the Consumer.
Subscription Fee. Payment of the Subscription Fee shall be deducted from the credit card that the Provider has registered with OpenChime (the "Provider's Credit Card") at the time the Provider elects to pay a Subscription Fee.
Payments made to OpenChime are generally non-refundable, provided, however, that OpenChime may, in its sole discretion, refund the Provider's Subscription Fee if it so chooses. By placing a credit card on file with us the Provider expressly authorizes us to charge the Provider's Credit Card for any Subscription Fees the Provider accrues as a result of using this Website. The Provider authorizes us to consolidate balances from any duplicate accounts the Provider may have created on the Website and bill them to the Provider's Credit Card. The Provider may revoke the Provider's authorization in accordance with the cancellation policy stated in this Agreement. OpenChime reserves the right to continue to bill the Provider's Credit Card for any services rendered prior to receipt of the Service Provider's written request, or for any fees accrued for any action taken prior to the receipt of the Service Provider's written request. By using Service Provider's Credit Card to pay OpenChime, the Service Provider agrees to unconditionally waive any and all 'charge back' rights. If the Service Provider has a question about a charge on the Service Provider's Credit Card, the Service Provider agrees to contact us by email at support@openchime.com. If the Service Provider deliberately or inadvertently issues a 'charge back' to the Service Provider's Credit Card, the Service Provider's account may be terminated and the Service Provider agrees to pay a $50 processing and collection fee to cover our costs for processing each charge back. Failure to pay these fees will result in the Service Provider's account being turned over to a collection agency. Past due balances will be subject to a finance charge of 1.5% per month or the highest amount permitted by applicable law; whichever is lower. If the Service Provider's account is past due, the Service Provider agrees to pay any and all related collection costs including but not limited to court costs, attorney's fees, collection agency fees, and administrative costs. Unless otherwise stated, all fees are quoted in U.S. Dollars. The Service Provider is responsible for paying all applicable taxes and for all services the Service Provider renders and other costs the Service Provider incurs in providing a service to a Consumer.
We use technology and magic to match service requests with relevant service providers. We can't guarantee that either of these methods will result in replies to your request.
Providers are solely responsible for the services they perform. Providers are also solely responsible for the content in their replies. OpenChime doesn't guarantee that the content in replies is accurate, true, or legally binding. Sometimes, we will review replies and delete them if they do not match the terms. OpenChime only connects users with providers. OpenChime is not liable for the action or inaction of any provider.
Submitting a Service Request. Once a Consumer submits a Service Request, OpenChime’s proprietary algorithm is used to select the Service Provider(s) who will receive notice of and be invited to reply to such Service Request.
OpenChime does not and cannot guarantee that Service Requests will receive Replies, or that there are service professionals in the Consumer's area that are either capable or willing to complete the Consumer's job at the time and place requested.
Consumer Relationship; Scheduling; Inquiries. Provider acknowledges that it is solely responsible for customer service and client satisfaction for any services performed for Consumers. Provider will be solely responsible for scheduling and managing appointments with Consumers and managing Consumers inquires.
Professionals Reply Content. OpenChime does not guarantee it will review or verify the information or representations set forth in Replies, as they are self-reported by the Providers. CONSUMERS SHOULD CONDUCT THEIR OWN INVESTIGATION OF PROVIDERS, INCLUDING, BUT NOT LIMITED TO, WHETHER PROVIDERS ARE APPROPRIATELY LICENSED, FREE OF SIGNIFICANT STATE-LEVEL CIVIL LEGAL JUDGMENTS, AND CARRY APPROPRIATE GENERAL LIABILITY INSURANCE OR BONDING. OPENCHIME DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION RECEIVED BY CONSUMER FROM STATE, PROVINCIAL OR OTHER GOVERNMENT AGENCIES OR FROM THIRD PARTY SOURCES IS ACCURATE, ERROR FREE, OR THAT IT IS UP TO DATE OR UPDATED AT THE TIME THAT CONSUMER CHECKS SUCH INFORMATION. MOST AGENCIES HAVE PERIODIC UPDATE CYCLES OR SCHEDULES AND THIS INFORMATION IS NOT UPDATED ON A REAL-TIME BASIS BY SUCH AGENCIES AND THIRD PARTY SOURCES. Notwithstanding the foregoing, OpenChime reserves the right to review such Replies and to delete any Content posted on the Replies in accordance with the section titled Content Posted by You on the Website. OpenChime may also make changes to such Content, including but not limited to changes to conform with OpenChime's editorial policies and/or to provide the Consumer with additional information from the Provider's website, other Provider materials provided to OpenChime, or publicly available sources.
Relationship with Service Providers. OpenChime is providing the Website and its services only for purposes of connecting Providers and Consumers. OpenChime may, in its sole discretion, contact a Provider to determine whether the Provider wishes to submit a Reply for a Request. The Provider waives all claims or causes of actions of any kind against OpenChime that the Provider may have arising from or relating to OpenChime's review or editing of Provider’s Replies, or failure to deliver, Replies on behalf of the Provider in accordance with this section. YOU ACKNOWLEDGE AND AGREE THAT OPENCHIME HAS NO LIABILITY FOR THE ACTION, OR INACTION, OF ANY PROVIDER AND THAT EXCEPT FOR THE LIMITED AUTHORIZATION PROVIDED ABOVE, THERE IS NO (A) EMPLOYMENT, (B) PART-TIME EMPLOYMENT, (C) CONSULTING, (D) CONTRACTOR, (E) JOINT VENTURE, OR (F) AGENCY RELATIONSHIP BETWEEN OPENCHIME AND PROVIDERS.
Anyone can submit a request to OpenChime, as long as it's legal and not fraudulent.
Any User may submit a Request in accordance with the conditions of this Agreement. If a User is acting as a Consumer, he or she must be capable of forming legally binding relations under applicable Law. A Consumer must be at least 13 years old in order to submit a Request. All Requests posted through the Website must be lawful and not in violation of any city ordinance, state, local or federal law. A submitted Request must be descriptive enough to allow a Provider to ascertain the necessary details to submit a Reply.
When submitting a Request, ensure that the Request does not infringe upon the copyright, trademark or other rights of any third party. By posting a Request you represent that the Request is lawful and does not infringe on the intellectual property of any third party. Your description of the Request must be truthful and accurate. Any Request posted on the Website (a) shall not be fraudulent; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain child pornography; and (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
OpenChime doesn't endorse or recommend any particular service professional. The service professionals are not employees of the company.
OpenChime does not endorse or recommend the services of any particular service professional. It is entirely up to the Consumer to enter into a direct contract or otherwise reach agreement with a Provider, and OpenChime does not guarantee or warrant the Provider's performance on the job or the outcome or quality of the services performed. The service professionals are not employees or agents of OpenChime, nor is OpenChime an agent of the Providers. OpenChime does not perform, and is not responsible for, any of the services or products requested by the Consumer in the Request. Your use of the Website and OpenChime’s services is at your sole risk. THE SERVICES AND PRODUCTS OFFERED BY PROVIDERS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
If something goes seriously wrong, let us know within 7 days and we'll refund your money up to $500 dollars. On the other hand, if you don't like the lime green color you chose for your walls, we won't refund the cost of the painter's services.
If a Consumer is unsatisfied with the service rendered by a Provider, the Consumer may be eligible for a refund of their payment up to a $500 maximum, provided that the Consumer submitted payment for said service through OpenChime.com's payment system, did NOT submit payment directly to the Provider, and the Consumer alerted OpenChime.com of their dissatisfaction in writing or email within 7 days of the payment submission. OpenChime may elect to send an observer to the site of the service to document the nature of the dissatisfaction. Refunds will be offered at the sole discretion of OpenChime's staff.
We won't help resolve disputes between a user and a provider but we wish you the best of luck.
OpenChime is not responsible for resolving any disputes between a User and a Provider and is not responsible for disputes, claims, losses, injuries or damage of any kind that might arise out of or relate to conduct of Providers or Users. In exchange for the privilege of accessing the Website, submitting Requests, providing Replies, and responding to Replies, you further agree to release OpenChime from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have with one or more Providers or Users.
If you want to terminate your account, let us know and we will make it happen within 14 days of the request. OpenChime also has the right to terminate accounts.
This Agreement will remain in full force and effect while you use the Website and/or are a User of OpenChime. You may terminate your account at any time, for any reason. To cancel an account, please send a written notice of termination to OpenChime, Inc, 215 West Ohio Street, Suite 1E, Chicago, Illinois 60611 or email notice of termination to support [at] openchime.com. If you terminate your account, your account will be disabled within 14 days. OpenChime may terminate your account or this Agreement at any time, with or without cause, by sending notice to you at the email address you provide in your account subscription or registration, or such other email address as you may later provide to OpenChime. If OpenChime terminates your account because you have breached this Agreement, you will not be entitled to any refund of previously paid Subscription Fees. All decisions regarding the termination of accounts shall be made in the sole discretion of OpenChime. OpenChime is not required to provide you notice prior to terminating your account. OpenChime is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your account is terminated, this Agreement will remain in effect.
You are solely responsible for your interactions with other users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT OPENCHIME DOES NOT IN ANY WAY SCREEN ITS USERS, NOR DOES OPENCHIME INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. OPENCHIME MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY CONSUMER OR ITS ABILITY TO PAY A SERVICE PROVIDER OR ANY SERVICE PROVIDER'S ABILITY TO PROVIDE A SERVICE COMPLIANT WITH THE CONSUMER'S SERVICE REQUEST.
YOUR RIGHTS UNDER CONTRACTS YOU ENTER INTO WITH SERVICE PROVIDERS ARE GOVERNED BY THE TERMS OF SUCH CONTRACTS AND BY APPLICABLE FEDERAL, STATE, PROVINCIAL AND LOCAL LAWS. SHOULD YOU HAVE A DISPUTE WITH ANY SERVICE PROVIDER, YOU MUST ADDRESS SUCH DISPUTE WITH THE SERVICE PROVIDERS DIRECTLY.
We aren't perfect, and the site will probably have mistakes. Sorry, but we aren't liable for any damages this might cause.
TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, (A) OPENCHIME DOES NOT PROMISE THAT THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE WEBSITE OR ANY CONTENT, SEARCH OR LINK ON IT, AND (B) THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. OPENCHIME CANNOT ENSURE THAT ANY FILES YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, OPENCHIME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
OpenChime isn't liable for any damages of any kind that result from the use of this website.
TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, OPENCHIME WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, OR PUNITIVE AND CONSEQUENTIAL DAMAGES. OPENCHIME MAKES NO GUARANTEES OF ANY SPECIFIC RESULT FROM USE OF THIS WEBSITE.
TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, OPENCHIME DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, OPENCHIME USERS, ADVERTISERS AND/OR SPONSORS ON THE WEBSITE, IN CONNECTION WITH THE WEBSITE OR OTHERWISE RELATED TO YOUR USE OF THE WEBSITE.
OPENCHIME IS NOT LIABLE FOR ANY LOST DATA RESULTING FROM THE OPERATION OF THE WEBSITE OR THE ENFORCEMENT OF THE TERMS.
TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, OPENCHIME DISCLAIMS ALL LIABILITY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF A USER OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM SERVICES PERFORMED BY A SERVICE PROVIDER OR A CONSUMER'S FAILURE TO PAY A SERVICE PROVIDER FOR SERVICES RENDERED. BY USING THE WEBSITE, YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE WEBSITE. YOU UNDERSTAND THAT OPENCHIME MAKES NO GUARANTEES, WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY OF SERVICES RENDERED BY ANY SERVICE PROVIDER.
OpenChime owns and retains all proprietary rights in the Website. You can't copy, modify, publish, transmit, distribute, perform, display, or sell any of it.
Proprietary Rights. OpenChime owns and retains all proprietary rights in the Website. The Website contains the copyrighted material, trademarks, and other proprietary information of OpenChime, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary information.
Documents and Information Available on this Website. Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Website is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Website is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of OpenChime. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the OpenChime Website or any other OpenChime owned, operated, licensed or controlled site (the "OpenChime Websites"). Elements of OpenChime’s Website and Routing System are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any OpenChime’s Website may be copied or retransmitted unless expressly permitted by OpenChime.
Reliance on Content, Advice, Etc. Opinions, advice, statements, reviews, offers, or other information or Content made available through the Website, Replies, Responses, Requests, but not directly by OpenChime, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such Content. OpenChime does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Website or in any Reply; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website or submits any Reply. Under no circumstances will OpenChime or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Users.
We are serious about privacy, and one of the benefits of using OpenChime is that your information is only displayed when you choose to respond to a business. We don't sell, rent, or do anything else with your information.
Upon using the Website, you will be prompted to disclose certain information about yourself and your service or product requirements if you Request Services or Products. Some of this information will be sent to professionals who will need this information to respond to you or to other persons or entities in connection with the Website. At no time, does OpenChime share, disclose, or send by electronic or any other means, your email address or telephone number to a potential provider. By providing this information to OpenChime, or by submitting a Request, you are requesting, and you expressly consent to having details of your Request sent to Providers whom OpenChime deems a potential provider to perform the service. If you post a Request, OpenChime will send information such as your physical address of the job location and first name to the potential Provider who may submit a Reply to your Request. This information will be sent to potential providers in order that OpenChime may provide the services set forth on the Website, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your Request and OpenChime's business, including marketing related emails. For complete details on OpenChime's use of your information, please see our Privacy Policy. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or OpenChime has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, OpenChime has the right to refuse any current or future use of the OpenChime services (or any portion thereof) by you.
You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.
You agree that all of the Content and information posted on the Website or provided in a response to a Reply, including but not limited to, screening information, and Ratings & Reviews (including any ratings and reviews or other content posted by you), is the sole and exclusive property of OpenChime or the party posting such content. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to OpenChime for any such damages, and will indemnify OpenChime in the event of any third party claims against OpenChime based on or arising from your violation of the foregoing. We reserve the right to revoke your access to the Website and services at any time. All information about Providers is confidential and for your personal use only. If it is determined or suspected by OpenChime in its sole discretion that you are misusing or attempting to misuse or circumvent the OpenChime services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, OpenChime reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
In the event that you provide OpenChime with any feedback regarding the OpenChime service or the Website, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the service or the Website ("Feedback"), you hereby assign to OpenChime all rights in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate.
You are responsible for the things you post on OpenChime, including requests and quotes. We reserve the right to delete any content that doesn't meet our standards.
You are solely responsible for the Content that you publish or display (hereinafter, "post" or “submit”) on the Website or in a Reply, or transmit to other Users. You will not post on the Website, submit in a Reply, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other User. If information provided to OpenChime, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify OpenChime of such change.
You understand and agree that OpenChime may review and delete any content, messages, emails, Replies, double-blind emails, photos or profiles (collectively, "Content"), in each case in whole or in part, that in the sole judgment of OpenChime violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm or threaten the safety of Users.
By posting Content to or submitting information through OpenChime, its Website, in a Reply, or in any electronic form, you automatically grant, and you represent and warrant that you have the right to grant, to OpenChime, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, sell, rent, lease, display, reproduce, adapt, modify and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that posting and use of your Content by OpenChime will not infringe or violate the rights of any third party.
The following is a partial list of the kind of Content that is illegal or prohibited on the Website or in any Reply. OpenChime reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Website and terminating the membership of such violators. It includes, but is not limited to, Content that:
Your use of the Website, including but not limited to the Content you post on the Website or the Replies you submit to Requests by any means, including but not limited to, electronic or telephonic, must be in accordance with any and all applicable laws and regulations. OpenChime reserves the right to investigate and terminate your membership if you have misused the Website, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.
We like to help, but if a person is being uncivil, we can terminate your account. Just be nice.
OpenChime may provide assistance and guidance through customer care representatives. When communicating with our customer care representatives, you may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive or otherwise behave inappropriately. If we feel that your behavior toward any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership or access to our Website or services and you will not be entitled to any refund of previously paid Subscription fees.
We can modify or discontinue the site at anytime, and aren't liable for any damages this might cause.
OpenChime reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that OpenChime shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
We can block users' IP addresses.
In order to protect the integrity of the Website, OpenChime reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Website, submitting Requests, providing and/or responding to Replies.
You cannot post or reproduce any copyrighted material on OpenChime. We can remove any content that violates our copyright policy.
You may not post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. OpenChime can remove any Content you post on the Website or submit in any Reply if it violates this statement. If you believe that your work has been copied and posted on the Website or in any Reply in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Copyright Agent for notice of claims of copyright infringement can be reached as follows: OpenChime, Inc, Attention: Legal, 215 West Ohio Street, Suite 1E, Chicago, Illinois 60611.
Check out our privacy policy here. In short, we won't sell or rent your information.
Use of the Website is also governed by our Privacy Policy, available at www.openchime.com/privacy.
We will be writing, building, and creating a bunch of things on OpenChime. We are not liable for any inaccurate content or technical issues with the site. Also, any content posted is for informational and entertainment purposes only. We aren't a substitute for professional advice.
OpenChime is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Website, whether caused by Users of the Website or OpenChime’s services, or by any of the equipment or programming associated with or utilized in the Website. OpenChime is not responsible for the conduct, whether online or offline, of any User. OpenChime assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. OpenChime is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Website. Under no circumstances will OpenChime or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the OpenChime Websites or services, any Content posted on the Website or transmitted to Users, or any interactions between Users of the Website or its services, whether online or offline. The OpenChime Website is provided "AS-IS" and OpenChime expressly disclaims any warranty of fitness for a particular purpose or non-infringement. OpenChime cannot guarantee and does not promise any specific results from use of OpenChime or its Website.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. OpenChime makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
We will link to sites and sites will link to us. We aren't responsible for the availability of the places that we link to or that link to us.
OpenChime may provide, the Website may provide, or third parties may provide, links to other World Wide Web sites or resources, including, by way of example, the placement of a widget or live feed from a customer ratings website on your. Because OpenChime has no control over such sites and resources, you acknowledge and agree that OpenChime is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that OpenChime shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
Any disputes will be governed by the laws of the State of Illinois.
If there is any dispute arising out of the use of the Website, by using the Website you expressly agree that any such dispute shall be governed by the laws of the State of Illinois, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Illinois, in Cook County, for the resolution of any such dispute.
If you're looking for deep pockets, we're broke.
You agree to indemnify and hold OpenChime, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Website or OpenChime’s services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations.
