Terms of Use

Websites:        tw.ortery.com and the sub-domain https://user.ortery.com
Version:          May 7, 2018

 

Your use or access of any part of this website signifies your acceptance of these Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY.

 

AGREEMENT TO TERMS 

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and Ortery Technologies, Inc. (“we” or “us” or “our”), concerning your access to and use of the sites tw.ortery.com and https://user.ortery.com, as well as any other media form, media channel, mobile website or mobile application related, linked or otherwise connected thereto (collectively, the “Site”). The tw.ortery.com site provides you with the ability view products offered by Ortery, submit inquires and subscribe and view latest news and blog content. https://user.ortery.com is a sub domain of tw.ortery.com where users can register Ortery Capture and other Ortery OEM licensed software and hardware, confirm product registration, purchase software upgrades and related products, manage their Ortery Account and enjoy other services. (the “Services”).

 

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. You agree that by using the Site and/or the Services, you have read, understood and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND THE SERVICES, AND YOU MUST DISCONTINUE USE IMMEDIATELY.

 

The Site is intended for users who are at least 18 years old.

 

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site and the Services are our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”) are owned by or licensed to us, and are protected by copyright and trademark laws and other various intellectual property rights and unfair competition laws of the United States, foreign jurisdictions and international conventions. The Content on the Site, including without limitation, is provided to you “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site or the Services and no Content or Marks may be copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, encoded, translated, sold, licensed or otherwise exploited for any commercial purposes whatsoever, without our express prior written permission.

 

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and the Content, and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

 

USER REPRESENTATIONS

To submit inquiries, subscribe or access the Services, you must first register with the Site. By registering with the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current and complete; (2) you will maintain the accuracy of such information and promptly update such registration information to keep it true, accurate, current and complete; (3) if a password is required, you will keep your password confidential and will be responsible for all use of your password and account; (4) you are not a minor in the jurisdiction in which you reside; (5) you have the legal capacity and you agree to comply with these Terms of Use; (6) you will not access the Site through automated or non-human means, whether through a robot, script or otherwise; unless doing so from an Ortery product or Ortery licensed Software package (7) you will not use the Site or the Services for any illegal or unauthorized purpose; (8) your use of the Site or the Services does not violate any applicable law or regulation; (9) your account login may only be used by one company – a single Account login shared by multiple companies is not permitted.

 

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

 

PURCHASES AND PAYMENT

A valid credit card is required for paying accounts. You agree to provide current, complete and accurate purchase information for all purchases made via the Site. You further agree to promptly update your account and financial information, including email address, payment method and credit or debit card expiration date, so that we can complete your transactions and contact you as needed.

 

You agree to pay all charges at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such purchases. Sales tax will be added to the price of purchases as deemed required by us. All payments shall be in U.S. dollars.

 

Fees may be charged on a per purchase basis or on a monthly or other recurring basis.  If your purchase is subject to recurring charges, then you consent to us charging your payment method in advance on a recurring basis, without requiring your prior approval for each recurring charge. Recurring charges on products that have recurring charges will occur until the product is removed from your account. Charges for renewal periods shall be calculated at the prevailing rates then offered by us.

 

If an Upgrade occurs the upgrade will take effect immediately and the length of Service will be extended.

 

All payments are nonrefundable and there will be no refunds or credits for months unused with an open account.

 

In the event you fail to make a timely payment, you will be responsible for all reasonable expenses (including attorneys’ fees) incurred by us in collecting such amounts. We reserve the right to suspend access to the Services in the event you fail to make a timely payment hereunder.

We reserve the right to refuse any order placed through the Site. We also reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

 

CANCELLATION

You will be solely responsible for properly discontinuing use of the Service. An email request to remove a product or close an account is not considered discontinuing use of the Service. You can cancel Service at any time by logging in, clicking the User Icon in the upper right and selecting “Close Account”. If you close your account and end all Services before the end of your current fully paid-up billing cycle, your cancellation will take effect immediately and you will not be charged again for the Service. In most cases you will not need to close your entire account, but simply remove a product from your account. To Remove Product from your account, click the circle with the three dots inside that is on the same horizontal line as the product name. By clicking the three dots the ability to Remove Product will appear. Simple click it and confirm.

 

Your rights under the Agreement will automatically terminate without notice if you fail to comply with its terms.

 

Ortery, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account. Otery reserves the right to refuse service to anyone for any reason at any time.

 

If you are not satisfied or believe there has been an error in billing, please contact our Customer Service Department by emailing us at [email protected] or calling us at (949) 859-5580. Our customer service hours are M-F, 8:30AM – 5:30PM PST.

 

EMAIL COMMUNICATIONS

You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications we provide to you electronically, via email and on the Site satisfy any legal requirements that such communication be in writing.

 

PROHIBITED ACTIVITIES

You may not access or use the Site or the Services for any purpose other than that for which we make them available. The Site is for your personal use only and may not be used in connection with any commercial endeavors, except those that are specifically endorsed or approved by us.

 

As a user of the Site, you agree not to: systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us; make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses; circumvent, disable or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein; engage in unauthorized framing of or linking to the Site; trick, defraud or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords; make improper use of our support services or submit false reports of abuse or misconduct; engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots or similar data gathering and extraction tools; interfere with, disrupt or create an undue burden on the Site or the networks or services connected to the Site; attempt to impersonate another user or person or use the username of another user; sell or otherwise transfer your Account; use any information obtained from the Site in order to harass, abuse or harm another person; use the Services as part of any effort to compete with us decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site; attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site; harass, annoy, intimidate or threaten any of our employees or agents engaged in providing any portion of the Services to you; delete the copyright or other proprietary rights notice from any Content; copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript or other code; upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Services; upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”); except as may be the result of standard search engine or Internet browser usage, use, launch, develop or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper or offline reader that accesses the Site, or using or launching any unauthorized script or other software; disparage, tarnish or otherwise harm, in our opinion, us and/or the Site; and use the Site in a manner inconsistent with any applicable laws or regulations.

 

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Services (the “Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.

 

PRIVACY

We care about the privacy of our users. Please carefully read and review our Privacy Policy. By using the Site or the Services, you agree to be bound by our Privacy Policy, which is incorporated by reference into these Terms of Use. Please be advised that the Site and the Services are hosted in the United States. If you access the Site or the Services from the European Union, Asia or any other region of the world with laws or other requirements governing personal data collection, use or disclosure that differ from applicable laws in the United States, then through your use of the Site or the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United Sates.

 

Further, we do not knowingly accept, request or solicit information from children or knowingly market to children. Therefore, in accordance with the Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

 

SITE MANAGEMENT

We reserve the right, but do not have the obligation to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion, and without limitation, notice or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (4) otherwise manage the Site in a manner designed to protect our rights and property, and to facilitate the proper functioning of the Site and the Services.

 

THIRD PARTY WEBSITES AND CONTENT

The Site contains (or you may be sent through the Site or the Services) links to other websites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Sites or Third Party Content does not imply approval or endorsement thereof by us.

 

If you decide to leave the Site and access any Third Party Sites or to use or install any Third Party Content, you do so at your own risk, and you should be aware that our Terms of Use and policies no longer govern. You should review the applicable terms of use and policies, including privacy and data gathering practices, of any Third Party Sites to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third Party Sites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable third party. You shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from Third Party Content or any contact with Third Party Sites.

 

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site or the Services or are otherwise a user of the Site, as applicable. You may terminate your use of a Service at any time, for any reason, by following the instructions for terminating user accounts in your account settings.

 

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION, AND WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU HAVE UPLOADED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

 

If we terminate or suspend your account or subscription for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account or subscription, we reserve the right to take appropriate legal action, including without limitation, pursuing civil, criminal and injunctive redress.

 

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify or remove the contents of the Site or any of the terms or conditions contained in these Terms of Use at any time or for any reason, in our sole discretion, without notice. However, we have no obligation to update any information on the Site. We also reserve the right to modify or discontinue all or part of the Services at any time or for any reason, in our sole discretion, without notice. We will alert you about any changes by updating the “Version Date” of these Terms of Use. Any changes or modifications will be effective immediately upon posting the updated Terms of Use on the Site, and you waive any right to receive specific notice of each such change or modification. Your continued use of the Site or the Services after such posting means you accept and agree to be bound by the modified Terms of Use. We encourage you to periodically review these Terms of Use to stay informed of updates. You agree to be responsible for monitoring changes to the Site or the Services.

 

We cannot guarantee that the Site and the Services will be available at all times. We may experience hardware, software or other problems, or need to perform maintenance related to the Site, resulting in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Site or the Services at any time or for any reason, without notice to you. You agree that we have no liability whatsoever for any loss, damage or inconvenience caused by your inability to access or use the Site or the Services during any downtime or discontinuance of the Site or the Services. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Services, or to supply any corrections, updates or releases in connection therewith.

 

GOVERNING LAW AND VENUE

These Terms of Use and your use of the Site and the Services are governed by and construed in accordance with the laws of the State of California. Any legal action of whatever nature by or against us arising out of or related in any respect to the Site or the Services shall be brought solely in the applicable federal or state court located in or with jurisdiction over Orange County, California. You and we hereby consent to (and waive any challenge or objection to) personal jurisdiction and exclusive venue in such federal and state courts. In no event shall any claim, action or proceeding by you related in any way to the Site or the Services be instituted more than two (2) years after the cause of action arose. You will be liable for any attorneys’ fees and costs if we have to take any legal action to enforce these Terms of Use.

 

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

 

DISCLAIMERS

THE SITE AND THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE SERVICES AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE OR THE SERVICES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (1) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT AND MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR THE SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE SERVICES; (5) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR THE SERVICES BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT, MATERIALS OR SERVICES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE OR THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURE IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

LIMITATIONS OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.  Because some states/jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you and you may have additional rights.

 

INDEMNITY

You agree to defend, indemnify and hold us harmless, including our subsidiaries and affiliates, and our respective officers, agents, partners and employees, from and against, any loss, damage, liability, claim or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Site or the Services; (2) a breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; or (4) your violation of the rights of a third party, including but not limited to, intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.

 

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

ELECTRONIC TRANSACTIONS AND SIGNATURES

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits other than by electronic means. Signatures and identities are not authenticated on http://user.ortery.com or https://user.ortery.com

 

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

 

CONTACT US 

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

 

Ortery Technologies, Inc.

Phone: (949) 859-5580

Email: [email protected]

 

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.