Terms of Service

Tender (http://tenderapp.com)

Last revised: May 16th, 2014

By signing up for the Tender service (“Service”) or any of the services of ENTP, you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at: http://tenderapp.com/tos/. Updates to these terms will be notified on the Service.

Account Terms

  • You must be 18 years or older to use this Service.

  • You must provide a valid email address and any other information needed in order to complete the signup process.

  • You are responsible for keeping your password secure. ENTP cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.

  • You may not use the service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States and the state of Tennessee.

  • You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under your Tender account.

  • You must not transmit any worms or viruses or any code of a destructive nature.

  • A breach or violation of any of the Account Terms as determined in the sole discretion of ENTP will result in an immediate termination of your services.

General Conditions

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy before you may become a member of Tender.

  • We reserve the right to modify or terminate the Service for any reason, without notice at any time.

  • We reserve the right to refuse service to anyone for any reason at any time.

  • Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

  • ENTP does not warrant that the service will be uninterrupted, timely, secure, or error-free.

  • ENTP does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

  • You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.

  • We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

  • You expressly understand and agree that ENTP 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 the use of or inability to use the service.

  • Technical support is only provided to paying account holders and is only available via email or the support forum.

  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by ENTP.

  • Verbal or written abuse of any kind (including threats of abuse or retribution) of any Tender customer, ENTP employee, member, or officer will result in immediate account termination.

  • We do not claim any intellectual property rights over the material you provide to the Tender service. All material you upload remains yours. You can remove your Tender account at any time by deleting your account. This will also remove all content you have stored on the Service.

  • The failure of ENTP to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and ENTP and govern your use of the Service, superseding any prior agreements between you and ENTP (including, but not limited to, any prior versions of the Terms of Service).

  • You retain ownership over all content that you submit to a Tender account, however, by making your account public, you agree to allow others to view your content.

  • ENTP does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Service.

  • Questions about the Terms of Service should be sent to company at ENTP dot net.

Payment of Fees

  • A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.

  • The Service will be billed in 30 day intervals. There are no refunds for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.

  • When your billing period is over, Tender users will be automatically billed through their valid credit card on file. Users have five days to bring up and settle any issues with the billing.

  • Failure to make payment within 7 days of invoice will result in account access being restricted to the owner of the account.

Termination

  • If your use of the service is considered excessive (i.e. your bandwidth usage, data storage, or data input via email), your account's access may be limited or your account terminated, at ENTP's sole discretion.

  • Accounts registered by “bots” or other automated methods are not permitted.

Cancellation

  • You may cancel your account at anytime by emailing billing@tenderapp.com

  • Once your account is cancelled all of your Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.

  • If you cancel the Service in the middle of the month, your cancellation will take effect immediately and you will not be charged again.

  • We reserve the right to modify or terminate the Tender service for any reason, without notice at any time.

  • Fraud: Without limiting any other remedies, ENTP may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

Modifications to the Service and Prices

  • Prices for using Tender are subject to change upon 14 days notice from ENTP. Such notice may be provided at any time by posting the changes to the Tender Site (http://tenderapp.com) or as an announcement in your Tender account.

  • ENTP reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.

  • ENTP shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.