Welcome to USOPENSOURCE.COM's User Agreement. This Agreement describes the terms and conditions applicable to your use of our services at USOPENSOURCE.COM We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site.

This Agreement may not be otherwise amended except in writing by USOPENSOURCE.COM or by representatives authorized by us. This agreement was last revised on July 6 2003.

1. Membership Eligibility.

Our services are available only to individuals/corporations who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services. Further, our services are not available to temporarily or indefinitely suspended USOPENSOURCE.COM members. Membership is deemed on signing or registering to our services.

2.Fees and Services.

There is no Fees chargable for using this service.

3. USOPENSOURCE.COM is the procurer.

3.1 Overview. Our site acts as the venue for our suppliers to bid for our procurement needs where we will revise from time to time to suit our company's need. Our site also provides listing opportunities for our subsidiaries and hence suppliers must consider the necessary cost to supply these contracts, in the event where such location is different to ours, we will state so.

3.2 Safe Bidding. Because user authentication on the Internet is difficult, USOPENSOURCE.COM will confirm each user's purported identity. Thus, we have established two protocols to establish your identity, the first through an email activation and the second through approval through direct credit check where appropriate. In most cases, our suppliers would have a track record with us. If you are a new supplier, we encourage you to email us before you register.

3.3 Information Control. We do control the information provided here on a best effort basis to ensure they are accurate at all times. However, we do advise using common sense and if there is a particular issue, please do not hesitate to contact us.

4.Bidding.

If you are the selected bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements), you are obligated to complete the transaction with us, unless the transaction is prohibited by law or by this Agreement. By bidding on an offer, you agree to be bound by the conditions of listing included in the our's description (or linked to, from the description) so long as those conditions of listings are not in violation of this Agreement or unlawful. Bids are not retractable except in exceptional circumstances such as when the we materially changes the listing's description after you bid, a clear typographical error is made.

5. Violation Matters

5.1 Fraud. Without limiting any other remedies, USOPENSOURCE.COM may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.

5.2 Manipulation. Bidders SHALL NOT manipulate the interest of any listed items. Interference with said listings or auctions is also expressly not permitted.

6.Your Information.

"Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area or through any email feature. You are solely responsible for Your Information.

6.1 Your Information :
(a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or stolen money; (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 libellous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene (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; (g) shall not create liability for us or cause us to lose (in whole or in the services of our ISPs or other suppliers; and (h) shall not link directly or indirectly.

6.2 Solely to enable USOPENSOURCE.COM to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. USOPENSOURCE.COM will only use Your Information in accordance with our Privacy Policy.

7.Access and Interference.

Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without our prior express permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the USOPENSOURCE.COM site or, any auction being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to USOPENSOURCE.COM by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information)from our web site without the prior express permission of USOPENSOURCE.COM or the appropriate third party including our licensor Ecorpnu Pty Ltd.

9.Breach.

Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us.

10.Privacy. Our current Privacy Policy is available here.

11.No Warranty.

WE PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.

12.Liability Limit.

IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES (IF ANY) YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.

13.Indemnity.

You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

14.Legal Compliance.

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and on bidding.

15.No Agency.

You and USOPENSOURCE.COM are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

16.Notices.

Except as explicitly stated otherwise, any notices shall be given by postal mail to USOPENSOURCE.COM, Legal Department, P.O.BOX 1178, Sandakan 90173, Sabah, Malaysia (in the case of USOPENSOURCE.COM) or to the email address you provide to USOPENSOURCE.COM during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to USOPENSOURCE.COM during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

17.General.

This Agreement shall be governed in all respects by the laws of the Malaysia. We do not guarantee continuous, uninterrupted or secure access to our services and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

18.Disclosures.

The services hereunder are offered by USOPENSOURCE.COM located at P.O.BOX 1178, Sandakan 90173, Sabah, Malaysia. This site is licensed by Ecorpnu Pty Ltd.

19. Administrator : chris@vixa.com