OpenGov Terms of Service
You have been authorized by a customer of OpenGov, Inc. (“OpenGov”) to use the OpenGov software(“Software Service”). By using the Software Service, you agree to the following terms and conditions each time that you use it. The Software Service is available only to the OpenGov Customer, its designated agents, and properly registered users who desire to, have entered, or are choosing to enter legally binding contracts with the OpenGov Customer under applicable law for legitimate business purposes. OpenGov and its customers (“OpenGov Customer”) are not responsible for and accepts no liability for any technical problems that result from using the Software Service. The OpenGov Customer, OpenGov and its agents are not responsible for Internet outages, hardware failures, software failures, downtime, internet slowness, acts of God, power failures, and or user errors. In consideration of your use of the Software Service, user agrees to provide true, accurate, current, and complete information about user’s organization.
OpenGov or OpenGov Customer has the right to suspend or terminate your use of the Software Service and refuse all current or future use of the Software Service (or any portion thereof) at any time without notice. You will be financially and legally responsible for damages resulting in your illicit or willful misuse of the Software Service including but not limited to hacking attempts, attempts to gain unauthorized access the application, directories, and/or encrypted data, attempts to change system generated documents and reports, attempts to change the text of email notifications, changes and/or any misrepresentation of attached files. OpenGov, the OpenGov Customer and/or its agents will fully prosecute any such attempts of the law.
OpenGov retains all right, title, and interest in the Software Services and all Intellectual Property Rights in the Software Services. The look and feel of the Software Services, including any custom fonts, graphics and button icons, are the property of OpenGov and you may not copy, imitate, or use them, in whole or in part, without OpenGov’s prior written consent. The content of the Software Service is intended for the sole use of authorized users and MAY NOT be resold, republished, or referenced without OpenGov Customer and OpenGov’s expressed written consent. You hereby grant to OpenGov a non-exclusive, royalty-free, irrevocable, perpetual, worldwide license to use and incorporate into the Software Services any feedback you provide. OpenGov will exclusively own any improvements or modifications to the Software Services based on or derived from any of your feedback including all Intellectual Property Rights in and to the improvements and modifications.
IN NO EVENT WILL THE OPENGOV CUSTOMER, OPENGOV, OR ITS AGENTS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES.
OPENGOV DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES. THE SOFTWARE SERVICES ARE PROVIDED “AS IS” AND OPENGOV DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions. Exclusive jurisdiction for litigation of any dispute, controversy or claim arising out of or in connection with this Agreement shall be only in the Federal or State court with competent jurisdiction located in San Mateo County, California, and the parties hereby submit to the personal jurisdiction and venue therein.