AGREEMENT TO TERMS
The Site is intended for users who are at least 18 years old.
INTELLECTUAL PROPERTY RIGHTS
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.
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.
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.
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.
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.
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.
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.
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.
TERM AND TERMINATION
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
GOVERNING LAW AND VENUE
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.
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.
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
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.