Terms and Conditions
2. DESCRIPTION OF SERVICE
Orchidbox.com provides users with access to a targeted outreach contact finder (the “Service”). You also understand and agree that the Service may include certain communications from Orchidbox.com, such as service announcements and admin messages. We will not be liable if for any reason our Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website, or our entire Website, to users who have registered with us. You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United Kingdom or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Orchidbox.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Orchidbox.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Any personal information that you may share with Orchidbox.com is kept absolutely private. Your name or anything about you will not be sold or shared with any other company or agency. We don’t collect any information about you except your registration data.
5. CREDIT CARDS
We do not collect any financial information about you. We respect your privacy. We never sell, share, or distribute contact information or other data to third parties except to PayPal as they receive and serve any payments on the site.
7. MEMBER ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Orchidbox.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Orchidbox.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
Notices that we give you (other than notice of amendment of these Terms, which is discussed in the introduction of these Terms) may be provided in any of the following ways. First, we may email you at the contact information you provide in your Registration Data. Second, we may post a notice on the dashboards on the site. Third, we may post the notice elsewhere on the Site.
9. MEMBER CONDUCT
You acknowledge, consent and agree that Orchidbox.com may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Orchidbox.com, its users and the public.
10. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service use of the Service, or access to the Service.
12. MODIFICATIONS TO SERVICE
Orchidbox.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Orchidbox.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Orchidbox.com may, under certain circumstances and without prior notice, immediately terminate your account and access to the Service.
14. The Site may contain links to third-party Web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content or service provided there at your own risk. Orchidbox.com does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Orchidbox.com provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Orchidbox.com’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Orchidbox.com accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
15. Orchidbox.com’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by Orchidbox.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
16. DISCLAIMER OF WARRANTIES
You expressely understand and agree that:
a.Your use of the service is at your sole risk. The Orchid Box service is provided on an “as is” and “as available” basis. Orchidbox.com and its subsidiaries, affiliates, officers, employees, agents, partners and licensers expressely discalim all warranties of any kind , whether expressed or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Orchidbox.com and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. No advice or information, whether oral or written, obtained by you from orchidbox.com or through or from the service shall create any warranty not expressly stated in the tos.
17. LIMITATION OF LIABILITY
You expressly understand and agree that orchidbox.com and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you 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 (even if orchidbox.com has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
18. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
Orchidbox.com may provide you with notices, including those regarding changes to the TOS, by e-mail, or postings on the Service.
20. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Orchidbox.com and governs your use of the Service, superseding any prior agreements between you and Orchidbox.com with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use other Orchidbox.com services. Waiver and Severability of Terms. The failure of Orchidbox.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.