Welcome to https://us.americaloc.com/ (the “Site”) This Site is owned and operated by ORBIFLEX, Inc.
Please read this Terms of Service Agreement carefully before using this Site. This Agreement limits the remedies available to you in the event of a dispute.
This Terms of Service Agreement (this “Agreement”) is entered into by and between ORBIFLEX, Inc., a Delaware Corporation ("ORBIFLEX”, we”, “us” or “our”) and you (“you”, “your”, or “User”), and is made effective as of the date of your use of the Site or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.
Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and the applicable product agreements. The terms “you”, “your”, or “User” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
ORBIFLEX may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. We reserve the right to change, add, or remove any of these terms at any time by posting changes on this page. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, ORBIFLEX may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Account”) information current. ORBIFLEX assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
USER CONDUCT AND GENERAL RULES OF CONDUCT
You expressly acknowledge and agree that you will not use this Site for any purpose that is unlawful or prohibited by this Agreement. You agree to abide by all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur under your username, including but not limited to the content of any communications that are made using services provided through this Site. Any unauthorized commercial use of this Site, ORBIFLEX’s servers, or Internet infrastructure, is expressly prohibited. Without ORBIFLEX’s prior written consent, you may not reproduce, distribute, modify, display derivative works based on, repost, or otherwise use the content of this Site. Nothing contained in this Agreement shall be construed to provide any license or right under any copyright or other intellectual property right. ORBIFLEX reserves the right to monitor, review, retain, and disclose any information collected from or about you related to your use of the Site or the Services that is necessary to satisfy any applicable law, regulation, legal process, or legitimate governmental request.
Additionally, you acknowledge and agree that:
This Site and the Services are available only to Users who reside in the United States and can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) reside in the United States , (iii) recognized as being able to form legally binding contracts under applicable law, and (iv) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", or "User" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, ORBIFLEX finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. ORBIFLEX shall not be liable for any loss or damage resulting from ORBIFLEX’s reliance on any instruction, notice, document or communication reasonably believed by ORBIFLEX to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, ORBIFLEX reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.
ACCOUNTS, REGISTRATION AND PASSWORDS; TRANSFER OF DATA ABROAD
Accounts. In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to ORBIFLEX that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. During the registration process, you may be asked to designate a username and password. You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities that occur under your username and password, whether or not authorized by you.
Transfer of Data Abroad. [We store all of our information on servers in the United States.] If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer and processing of information (including your account information) across international boundaries. By accessing this Site and the Services, you consent to such transfer and processing of your information and agree that such information shall be solely governed by laws specific to the United States.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
You specifically acknowledge and agree that your use of this site and the services found at this site shall be at your own risk and that this site and the services found at this site are provided “as is”, “as available” and “with all faults”. ORBIFLEX, its officers, directors, employees, agents, and all third party service providers disclaim all warranties, statutory, express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. ORBIFLEX, its officers, directors, employees, and agents make no representations or warranties about (i) the accuracy, completeness, or content of this site, (ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and/or (iii) the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and ORBIFLEX assumes no liability or responsibility for the same.
In addition, you specifically acknowledge and agree that no oral or written information or advice provided by ORBIFLEX, its officers, directors, employees, or agents (including without limitation its call center or customer service representatives), and third party service providers will (i) constitute legal or financial advice or (ii) create a warranty of any kind with respect to this site or the services found at this site, and users should not rely on any such information or advice.
The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services.
You use this Site at your own risk. Neither ORBIFLEX nor any other party involved in creating, producing, or delivering this Site is liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to, or use of, this Site. The material contained on this Site may contain inaccuracies and errors. ORBIFLEX does not guarantee that the functional aspects of the Site will be uninterrupted or error-free or that this Site or the server that provides it are free of viruses or other harmful components. Everything on the Site is provided to you "as is" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
AVAILABILITY OF WEBSITE/SERVICE
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
YOUR USE OF ORBIFLEX CONTENT AND USER CONTENT
In addition to the general rules above, the provisions in this Section apply specifically to your use of ORBIFLEX Content and User Content posted to ORBIFLEX’s corporate websites (i.e., those sites which ORBIFLEX directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
ORBIFLEX Content. Except for User Content, the content on this Site and the Services , including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“ORBIFLEX Content”), are owned by or licensed to ORBIFLEX in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. ORBIFLEX Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of ORBIFLEX. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. ORBIFLEX reserves all rights not expressly granted in and to the ORBIFLEX Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights.
Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any ORBIFLEX Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the ORBIFLEX Content or the User Content therein.
ORBIFLEX'S USE OF USER CONTENT
The provisions in this Section apply specifically to ORBIFLEX’s use of User Content posted to ORBIFLEX’s corporate websites (i.e., those sites which ORBIFLEX directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
Generally. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.
With Respect to User Submissions. You acknowledge and agree that:
ORBIFLEX shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
ORBIFLEX generally does not pre-screen User Content (whether posted to a website hosted by ORBIFLEX or posted to this Site). However, ORBIFLEX reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. ORBIFLEX may remove any item of User Content (whether posted to a website hosted by ORBIFLEX or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by ORBIFLEX in its sole and absolute discretion), at any time and without prior notice. ORBIFLEX may also terminate a User’s access to this Site or the Services found at this Site if ORBIFLEX has reason to believe the User is a repeat offender. If ORBIFLEX terminates your access to this Site or the Services found at this Site, ORBIFLEX may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
ADDITIONAL RESERVATION OF RIGHTS
ORBIFLEX expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services for any reason (as determined by ORBIFLEX in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by ORBIFLEX in offering or delivering any Services, (ii) to protect the integrity and stability of the services, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of ORBIFLEX, its officers, directors, employees and agents, as well as ORBIFLEX’s affiliates, including, but not limited to, instances where you have sued or threatened to sue ORBIFLEX.
ORBIFLEX expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.
ORBIFLEX expressly reserves the right to terminate, without notice to you, any and all Services where, in ORBIFLEX's sole discretion, you are harassing or threatening ORBIFLEX and/or any of ORBIFLEX's employees.
LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by ORBIFLEX. ORBIFLEX assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, ORBIFLEX does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release ORBIFLEX from any and all liability arising from your use of any third-party website. Accordingly, ORBIFLEX encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit. Your dealings with third parties accessed through this Site, including payment and delivery of goods or services offered by such third parties, are solely between you and such third parties. You agree that ORBIFLEX is not responsible or liable for any loss or damage you incur as a result of your dealings with such third parties through this Site.
You agree to protect, defend, indemnify and hold harmless ORBIFLEX and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by ORBIFLEX directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services.
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, ORBIFLEX AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR REQUIREMENTS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL THAT MAY RESULT FROM YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR THIRD-PARTY LINKS, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES OR ANY OTHER USER.
THE SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL ORBIFLEX OR ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL GO ORBIFLEX’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES.
FEES AND PAYMENTS
You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services. All prices and fees are non-refundable unless otherwise expressly noted in the Refund Policy section below, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. ORBIFLEX expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
Except as prohibited in any product-specific agreement, you may pay for Services by utilizing any of the following “Payment Methods”: (i) by providing a valid credit card, (ii) via an electronic check from your personal or business checking account, (iii) by using PayPal (as defined below), (iv) by using an International Payment Option or (v) via in-store credit balances, if applicable each a “Payment Method”. Your Payment Method on file must be kept valid if you have any active Services in your Account.
You acknowledge and agree that where refunds are issued to your Payment Method, ORBIFLEX's issuance of a refund receipt is only confirmation that ORBIFLEX has submitted your refund to the Payment Method charged at the time of the original sale, and that ORBIFLEX has absolutely no control over when the refund will be applied towards your Payment Method’s available balance. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer.
In the event a refund is issued to your Payment Method and the payment provider, payment processor or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to, limitations as to the timing of the refund or the number of refunds allowed, then ORBIFLEX, in its sole and absolute discretion, reserves the right to issue the refund either (i) in the form of an in-store credit; or (ii) via issuance of a ORBIFLEX check, which will be sent to the mailing address on file for your Account. ORBIFLEX also has the right, but not the obligation, to offer an in-store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the Payment Method. For the avoidance of doubt, any and all refunds processed via the issuance of either in-store credits or a ORBIFLEX check are solely within ORBIFLEX’s discretion and are not available at customer request.
If for any reason ORBIFLEX is unable to charge your Payment Method for the full amount owed for the Services provided, or if ORBIFLEX receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that ORBIFLEX may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any Services registered or renewed on your behalf. ORBIFLEX also reserves the right to charge you reasonable "administrative fees" or "processing fees" for (i) tasks ORBIFLEX may perform outside the normal scope of its Services, (ii) additional time and/or costs ORBIFLEX may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by ORBIFLEX in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) disputes that require accounting or legal services, whether performed by ORBIFLEX staff or by outside firms retained by ORBIFLEX; (iii) recouping any and all costs and fees, including the cost of Services, incurred by ORBIFLEX as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with ORBIFLEX. Transaction processing is supported only in U.S. dollars.
PAY BY PAYPAL
By using ORBIFLEX’s pay by PayPal payment option (“PayPal”), you can purchase Services using PayPal. In connection therewith, you agree to allow PayPal to debit the full amount of your purchase from your PayPal account (“PayPal Account”) or from credit card(s), bank account(s), or other allowed payment method(s) linked to your PayPal Account (“PayPal Funding Source”).
It is your responsibility to keep your PayPal Account and PayPal Funding Source current and funded, and your PayPal Account backed by a valid credit card. You acknowledge and agree that (i) PayPal reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your PayPal Account or PayPal Funding Source no longer existing or not holding available/sufficient funds) and (ii) in such event, neither PayPal nor ORBIFLEX shall be liable to you or any third party regarding the same. If for any reason PayPal is unable to withdraw the full amount owed for your purchase, you agree that PayPal and ORBIFLEX may pursue all available lawful remedies in order to obtain payment. You agree that if the transaction is returned unpaid, you will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from your PayPal Account or PayPal Funding Source.
By clicking the box labeled “I agree” to the terms of the PayPal payment option, you authorize a debit of the full amount of your purchase from your PayPal Account or PayPal Funding Source.
Refund for Monthly Service Plans: Any product purchased for less than 1 year will be considered a monthly plan under the terms of this policy. Within seventy two (72) hours, you may request a full refund of the purchase price of the product. After 72 hours, you may request an in-store credit for any unused time remaining on your annual plan. Unused time will be prorated based on the date of purchase.
Refund for Annual Service Plans: Any product purchased for 1 year or greater will be considered an annual plan under the terms of this policy. Within forty five (45) days, you may request a full refund of the purchase price of the product. After 45 days, you may request an in-store credit for any unused time remaining on your annual plan. Unused time will be prorated based on the date of purchase.
BRAND GUIDELINES, PERMISSIONS AND COPYRIGHT
ORBIFLEX’s trademarks, service marks, logos, trade dress, web design, and other brand features (“Brand Characteristics”) are protected by applicable trademark, copyright and other intellectual property laws. Your misuse of the Trademarks displayed on this Site is strictly prohibited. Nothing contained on this Site should be construed as granting any license or right to use any Trademark displayed on the Site without the written permission of ORBIFLEX or such third party as may own the Trademark. Parties interested in obtaining permission or license to use any of ORBIFLEX’s Brand Characteristics or other intellectual property should send details of their request to ORBIFLEX. Each request will be evaluated on a case by case basis and permission or license granted where appropriate.
Although we’d like to accommodate all the requests we receive, we need to protect the integrity of our brand, and we have to turn down many requests because the usage requested implies that ORBIFLEX is affiliated with or endorsing another company, website, or product.
If you are granted permission to use the ORBIFLEX Brand Characteristics, please use them in accordance with the guidelines detailed on the given permission.
If you believe that your work has been copied and is accessible through this Site in a way that constitutes copyright infringement, you may notify us by providing ORBIFLEX's Copyright Agent with the following information: the electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed, and a description of the infringing activity; a description of the location of the material that you claim is infringing; your name, address, telephone number, and email address; and a statement by you, made under penalty of perjury, that the above information is accurate and that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
The Children’s Online Privacy Protection Act requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years old. We do not knowingly collect or solicit personally identifiable information from children under 13 years old. If you are a child under 13 years old, do not use this Site or attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13 years old, we will delete that information as quickly as possible. If you believe that a child under 13 years old may have provided us personal information, please contact us.
ORBIFLEX does not install any of the devices we sell nor do we guarantee that our devices will work with every vehicle. If you choose to install one of our devices into a vehicle you hereby assume all responsibility and risk of loss. You agree to hold ORBIFLEX harmless and free of any damages or liability that could result from an installation of one of the devices we sell. While ORBIFLEX may list third party contractors who do offer installation services to you, ORBIXFLEX explicitly makes no guarantees as to such third party’s qualifications and does not explicitly or implicitly offer a warranty of any kind regarding any installation services.
ORBIFLEX shall have no liability for a failure to provide or for delay in providing Services due directly or indirectly to causes beyond the control of ORBIFLEX or its subcontractors, including, without limitation, acts of God, or governmental entities, or of the public enemy, dismantling of the GPS network, termination of Services due to actions of a third party telecommunication providers (“TCs”), including, but not limited to, deactivation/dismantling of a TC’s networks, acts of the Customer, strikes, unusually severe weather conditions, interruptions of transportation or inability to obtain necessary labor, materials or facilities, default of any supplier, or delays in Federal Communications Commission (“FCC”) frequency authorization or license grant. If ORBIFLEX is unable to wholly or partially perform the Services for more than 30 days because of any cause beyond its control, ORBIFLEX may terminate the Agreement without any liability to Customer, other than refund any amounts paid for Services which have not been provided.
In the event that the Customer’s use of Services results in excessive communications usage, ORBIFLEX shall be at liberty to suspend Services in relation to the relevant vehicle, for a reasonable amount of time, on notice to the Customer, until ORBIFLEX is able to assess the cause and implement a solution. You will be liable for any fraudulent or improper use of your SIM Card or Account. We reserve the right to disconnect your SIM Card. SIM Cards remains the property of ORBIFLEX at all times. We reserve the right to request the return of the SIM Card from you at any time in order to upgrade or protect the integrity of our Services or the Network. Where a SIM card is lost, damaged, defective or stolen, you agree to inform us as soon as possible. We will send you a replacement SIM Card as soon as reasonably practicable. Where we suspect that the integrity of the SIM Card has been compromised as a result of your actions or negligence, we reserve the right to charge you for a replacement.
If the tracking service remains inactive for a duration of more than six (6) months, ORBIFLEX reserves the right to cancel the associated SIM card without providing any additional notice to the customer. If the customer subsequently chooses to reactivate the service following the SIM card's cancellation, it shall be the responsibility of the customer to contact ORBIFLEX to arrange for the shipping of a replacement SIM card and to bear the cost of both the SIM card and shipping.
EMAIL AND SMS NOTIFICATIONS
The ORBIFLEX platform allows you to create event notifications via email. These notifications may contain location information about your devices. You agree to accept all responsibility for ensuring that the correct and proper emails are configured on the ORBIFLEX platform. ORBIFLEX is free from any and all liability or responsibility if information or data is, for whatever reason is corrupted or does not reach its intended recipient.
SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
U.S. EXPORT LAWS
This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”). Users shall not use the Services found at this Site to collect, store or transmit any technical information or data that is controlled under U.S. Export Laws. Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws. None of the Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List, or any other denied parties lists under U.S. Export Laws. By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations). If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site. The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
COMPLIANCE WITH LOCAL LAWS
ORBIFLEX makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY
This Agreement constitutes the entire agreement between you and ORBIFLEX with respect to this Site, superseding any prior agreements between you and ORBIFLEX. This Agreement is governed by the laws of the United States of America and the state law of Delaware, whichever is applicable, without regard to conflict of laws principles.
You agree that any action relating to or arising out of this Agreement shall be brought in the state or federal courts of Delaware, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in the state and federal courts of Delaware. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement.
If you use this Site from locations outside the U.S., you are responsible for compliance with local laws and regulations. Use of this Site is unauthorized in any jurisdiction that does not give effect to all the terms of this Agreement, including without limitation this paragraph. The failure of ORBIFLEX to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
If you have any questions about this Agreement, please contact us by email or regular mail at the following address: firstname.lastname@example.org