LEGAL INFO


TERMS OF USE

This Web site is owned and operated by ORBIFLEX, Inc. ("ORBIFLEX," "we," or "us"). Please read these Terms and Conditions (“Terms”) carefully before using this Web site.


OVERVIEW

This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between ORBIFLEX, Inc., a Delaware C Corporation ("ORBIFLEX”) and you, and is made effective as of the date of your use of this website ("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 “we”, “us” or “our” shall refer to ORBIFLEX. The terms “you”, “your”, “User” or “customer” 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.


2.USER CONDUCT AND GENERAL RULES OF CONDUCT

You expressly acknowledge and agree that you will not use this Web site for any purpose that is unlawful or prohibited by these Terms. 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 user name, including but not limited to the content of any communications that are made using services provided through this Web site. Any unauthorized commercial use of this Web 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 Web site. Nothing contained in these Terms 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 Web site that is necessary to satisfy any applicable law, regulation, legal process, or legitimate governmental request.

Additionally, you acknowledge and agree that:

1. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.

2. You will not use this Site or the Services in a manner (as determined by ORBIFLEX in its sole and absolute discretion) that:

  • Is illegal, or promotes or encourages illegal activity;
  • Promotes, encourages or engages in child pornography or the exploitation of children;
  • Promotes, encourages or engages in terrorism, violence against people, animals, or property;
  • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
  • Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
  • Infringes on the intellectual property rights of another User or any other person or entity;
  • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
  • Interferes with the operation of this Site or the Services found at this Site;
  • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
  • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding ORBIFLEX or ORBIFLEX’s Services.

3. You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by ORBIFLEX.

4. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.

5. You will not access ORBIFLEX Content (as defined below) or User Content through any technology or means other than through this Site itself, or as ORBIFLEX may designate.

6. ORBIFLEX does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.

7. You will not re-sell or provide the Services for a commercial purpose, including any of ORBIFLEX’s related technologies, without ORBIFLEX's express prior written consent.

8. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.

9. You are aware that ORBIFLEX may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you do not have any reasonable expectation of privacy during those calls; indeed you hereby consent to allow ORBIFLEX, in its sole discretion, to record the entirety of such calls regardless of whether ORBIFLEX asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted in evidence any legal proceeding in which ORBIFLEX is a party. ORBIFLEX reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.


3. ELIGIBILITY; AUTHORITY

This Site and the Services are available only to Users who 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) Otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) 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", "User" or "customer" 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.


4. 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 user name and password. You are responsible for maintaining the confidentiality of your user name and password, and you are responsible for all activities that occur under your user name and password, whether or not authorized by you.

Transfer of Data Abroad. 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 of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.


5. 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 ay 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 found at this site.


6. DISCLAIMERS/LIMITATION OF LIABILITY

You use this Web site at your own risk. Neither ORBIFLEX nor any other party involved in creating, producing, or delivering this Web site is liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to, or use of, this Web site. The material contained on this Web site may contain inaccuracies and errors. ORBIFLEX does not guarantee that the functional aspects of the Web site will be uninterrupted or error-free or that this Web site or the server that provides it are free of viruses or other harmful components. Everything on the web 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.

ORBIFLEX assumes no responsibility and shall not be liable for any damages to your computer or other equipment, or for any effects of viruses or other malware that may affect your computer or other property, related to your access to or use of this web site, or related to your downloading of any materials, data, text, images, video, or audio from this web site.

In no event shall ORBIFLEX, its officers, directors, employees, agents, and all third party service providers, be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from (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, (iii) the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (iv) personal injury or property damage of any nature whatsoever, (v) third-party conduct of any nature whatsoever, (vi) any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein, (vii) any interruption or cessation of services to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (viii) any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (ix) any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable, and/or (x) any loss or damage of any kind incurred as a result of your use of this site or the services found at this site, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not ORBIFLEX is advised of the possibility of such damages.

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 found at this site.


7. 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.

ORBIFLEX assumes no responsibility and shall not be liable for any damages to your computer or other equipment, or for any effects of viruses or other malware that may affect your computer or other property, related to your access to or use of this web site, or related to your downloading of any materials, data, text, images, video, or audio from this web site.

In no event shall ORBIFLEX, its officers, directors, employees, agents, and all third party service providers, be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from (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, (iii) the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (iv) personal injury or property damage of any nature whatsoever, (v) third-party conduct of any nature whatsoever, (vi) any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein, (vii) any interruption or cessation of services to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (viii) any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (ix) any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable, and/or (x) any loss or damage of any kind incurred as a result of your use of this site or the services found at this site, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not ORBIFLEX is advised of the possibility of such damages.

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 found at this site.


8. 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.


9. 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:

  • Your User Submissions are entirely voluntary.
  • Your User Submissions do not establish a confidential relationship or obligate ORBIFLEX to treat your User Submissions as confidential or secret.
  • ORBIFLEX has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
  • ORBIFLEX may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.

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.


10. 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 ORBIFLEXin 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.


11. 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.


12. 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 Web 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 Web site.


13. INDEMNITY

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 found at this Site.


14. FEES AND PAYMENTS

A. GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS

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 you are being billed on a monthly basis, your monthly billing date will be based on the date of the month you purchased the Services unless that date falls after the 28th of the month, in which case your billing date will be the 28th of each month.

In order to ensure that you do not experience an interruption or loss of services, most services offer an automatic renewal option. The automatic renewal option automatically renews the applicable service for a renewal period equal in time to the most recent service period. For example, if your last service period is for one year, your renewal period will be for one year. While the details of the automatic renewal option vary from service to service, the services that offer an automatic renewal option treat it as the default setting. Therefore, unless you disable the automatic renewal option, ORBIFLEX will automatically renew the applicable service when it comes up for renewal and will take payment from the payment method you have on file with ORBIFLEX at ORBIFLEX’S then current rates, which you acknowledge and agree may be higher or lower than the rates for the original service period.

You acknowledge and agree that it is your sole responsibility to modify and maintain your account settings, including but not limited to (i) setting your renewal options and (ii) ensuring your associated payment method(s) are current and valid. Further, you acknowledge and agree that your failure to do so, may result in the interruption or loss of services, and ORBIFLEX shall not be liable to you or any third party regarding the same.

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.

B. 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.


15. REFUND POLICY

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.


16. 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 Web site is strictly prohibited. Nothing contained on this Web site should be construed as granting any license or right to use any Trademark displayed on the Web 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 Web 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.


17. ORBIFLEX PRIVACY POLICY

ORBIFLEX uses each Customer’s Personal and Location Information to provide Services to that Customer. ORBIFLEX does not collect information of any kind other than to provide such Services. ORBIFLEX does not currently share, sell, or rent any Personal or Location Information or information collected from the Web site to any third parties, other than to ORBIFLEX’s agents, and does not intend to do so in the future.

This “Privacy Policy” describes the privacy policies and practices of ORBIFLEX regarding the ORBIFLEX Web site, https://www.americaloc.com (the “Web site”), and regarding ORBIFLEX’s location-based services (the “Services”).


  • Information ORBIFLEX Collects to Provide the Services.

A person who purchases the Services (a “Customer”) must provide his or her name, address, telephone numbers, email address, and payment card information (“Personal Information”) to ORBIFLEX to activate the Services. Customers must promptly notify ORBIFLEX of any changes to such Personal Information. ORBIFLEX may also receive other information about a Customer, such as credit information, from other sources. ORBIFLEX will consider any such additional information about a Customer as Personal Information.

When the Services are being used, ORBIFLEX periodically collects GPS coordinates and vehicle status info that show the location of the pet, vehicle, or item that Customer chooses to track using the Services (“Location Information”). ORBIFLEX or its contractors retain Location Information on their servers. Location Information regarding Services performed for each Customer is linked to the Personal Information of that Customer.

A Customer’s Personal Information will be retained for as long as the Customer receives the Services and for any period during which there is a dispute between the Customer and ORBIFLEX. Location Information will be retained for each Customer for a period that ORBIFLEX will decide in its sole discretion.

Customers may suspend the collection of Location Information by turning off or disconnecting the GPS Device that ORBIFLEX uses to provide the Services. Customers may terminate the collection of Location Information by terminating the Customer Agreement, as described in that agreement.

ORBIFLEX may remove data that identifies any specific Customer from Personal and Location Information and combine such data to create “Aggregate Information.” Such anonymized Aggregate Information is not Personal or Location Information.


  • Information ORBIFLEX Collects from the Web Site.

When Customers and others visit the Web site, ORBIFLEX collects the visitor’s IP address, and his or her registered domain or home server. ORBIFLEX also collects information pertaining to the visitor’s operating system, browser version, referring site, and keywords used to locate the Web site.

ORBIFLEX may use “cookies” to improve visitors’ experience at the Web site. A “cookie” is a small file placed on a Web site visitor’s computer hard drive that identifies the computer and data about the visit so that, when the visitor returns to the site, the site recognizes the visitor, which allows ORBIFLEX to tailor its site to the visitor. Cookies do not contain personally identifiable information but may be linked to Personal Information that visitors provide to ORBIFLEX.

Advertisers that place ads on the Web site may use their own cookies. Any information collected by advertisers is not subject to this Privacy Policy. If a visitor requests information or orders products or services from ORBIFLEX by sending ORBIFLEX an e-mail or by filling out a registration form on the Web site, ORBIFLEX may save the visitor’s e-mail address and any other information that the visitor provides. This information may be used by ORBIFLEX to provide services or products the visitor requests and to contact the visitor in the future by mail, by e-mail, or by phone to convey information about ORBIFLEX's services. Such information also allows ORBIFLEX to respond to visitors’ inquiries concerning career opportunities at ORBIFLEX. Visitors will always be provided with the option not to be contacted or to unsubscribe if they register with the site.


  • How to Access and Correct Information Obtained by ORBIFLEX.

A Customer may obtain a copy of the Personal Information and the information collected from the Web site that ORBIFLEX has regarding that Customer by emailing a request for a copy of that information to sales@americaloc.com or by sending a letter to ORBIFLEX. ORBIFLEX will make a good faith effort to mail the information to the Customer at the e-mail address previously provided by the Customer if ORBIFLEX is supplied with sufficient information to allow it to confirm the identity of the person making the request. If any of the information regarding the Customer is inaccurate, the Customer may send corrected information and a request that ORBIFLEX correct its records to sales@americaloc.com. ORBIFLEX will make the correction if ORBIFLEX is supplied with sufficient information to allow it to confirm the identity of the person making the request.


  • How Information Is Secured.

ORBIFLEX uses a variety of physical, technical, and procedural safeguards to guard against loss, misuse, and alteration of Personal and Location Information. For example, access to Personal Information is limited to ORBIFLEX and contractor personnel who need the information to provide the Services; and ORBIFLEX uses and requires its contractors to use technical measures to guard against unauthorized access to Personal and Location Information. ORBIFLEX also requires Customers to use user identification and passwords to access Personal and Location Information. Similarly, when visitors to the Web site conduct payment card transactions with ORBIFLEX, ORBIFLEX uses procedures required by the Payment Card Industry Data Security Standards.

ORBIFLEX cannot, however, guarantee the security of any Personal or Location Information, or information collected from the Web site. Despite ORBIFLEX’s efforts to secure such information, it may be accessed, disclosed, altered, or destroyed by a breach of ORBIFLEX’s physical, technical, and procedural safeguards. Customers use the Services and visitors use the Web site at their own risk. If ORBIFLEX learns that a Customer’s Personal or Location Information has been disclosed to an unauthorized person, ORBIFLEX will attempt to notify the Customer.


  • How ORBIFLEX Uses Customers’ and Web site Visitors’ Information.

ORBIFLEX uses each Customer’s Personal and Location Information to provide Services to that Customer. ORBIFLEX does not collect information of any kind other than to provide such Services. ORBIFLEX does not currently share, sell, or rent any Personal or Location Information or information collected from the Web site to any third parties, and does not intend to do so in the future.

ORBIFLEX may use Aggregate Data to analyze how Customers use the Services to determine ways in which ORBIFLEX can improve the Services and to consider offering new services to Customers. ORBIFLEX may also use information collected from the Web site to analyze traffic to the Web site to determine how to improve the site.

ORBIFLEX may use or disclose Personal and Location Information and information collected from the Web site: to comply with applicable laws; to protect the rights and property of ORBIFLEX or others; to protect a person’s safety; to prevent abuse; as evidence in legal proceedings; to cooperate with properly authorized law enforcement investigations; and in response to subpoenas from third parties. ORBIFLEX will use good faith efforts to promptly notify a Customer of any subpoena that seeks any of the Customer’s Personal or Location Information to enable the Customer to seek to quash the subpoena. Finally, ORBIFLEX may disclose or sell Personal Information and information collected from the Web site as an asset in conjunction with the sale of ORBIFLEX to a third party or in conjunction with the sale of a portion of ORBIFLEX’s assets.


  • Children’s Information

ORBIFLEX will not knowingly collect any personally identifiable information from children. Personal Information collected from a Customer must be information from an adult.

You are the only responsible for taking appropiate care of information related to children and hence you shall not use ORBIFLEX website to store or keep any information that could lead to children identification or that could violate any children's right in any way in the event you provide location devices to them.

In any event that you permit children to use ORBIFLEX website you will be violating this agreement and you and only you must take responsibility for any legal issue that could result from this infringement.

You also agree to 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 resulting from inapropiate use of this site related to children's information.


  • Information Collected by Others.

This Privacy Policy addresses only the policy and procedures of ORBIFLEX. ORBIFLEX is not responsible for the privacy policies of third parties, including but not limited to those whose web sites may be linked to the ORBIFLEX Web site.


  • Enforcement.

If a Customer believes that his or her rights as described in this Privacy Policy have been violated by ORBIFLEX, the Customer should email sales@americaloc.com or send a letter to ORBIFLEX. ORBIFLEX will attempt to resolve Customer complaints as quickly as possible.

If ORBIFLEX is unable to resolve a Customer’s complaint regarding an alleged violation of this Privacy Policy, the Customer may file a complaint with the Data Protection Authority for the country in which the customer lives.


  • Amendments to this Privacy Policy.

ORBIFLEX reserves the right, at its sole discretion, to change, modify, add to, or remove any portion of this Privacy Policy, in whole or in part, at any time. ORBIFLEX will include such Amendments on the version of this Policy that is posted on ORBIFLEX’s Web site (www.americaloc.com) and will notify Customer by e-mail that the Policy has been amended. Amendments to the Policy will take effect immediately upon being posted to the Web site. Customer’s continued use of the Services after ORBIFLEX posts an Amendment constitutes Customer’s acceptance of and consent to the Amendment. If Customer does not accept such an Amendment, Customer must notify ORBIFLEX within 30 days after ORBIFLEX notifies Customer of the Amendment that Customer has elected to terminate the Services rather than accept the Amendment. ORBIFLEX will not charge Customer a termination fee if Customer terminates the Services as described in this paragraph.


  • Contact Us.

For more information about our Privacy Policy and practices, e-mail us at sales@americaloc.com or call 1-855-830-2290.


18. THIRD PARTY DEVICE INSTALLATION SERVICES

ORBIFLEX does not offer itself services for installing location devices into vehicles and must rely on third parties to do this. You understand that vehicle electric manipulation entail risk and that ORBIFLEX may suggest qualified contractors to do so, but at last, is only you who take the risk of doing the required modifications to adapt a location device to a given vehicle. You agree that ORBIFLEX is free of any liability that could result from incorrect vehicle operation after or before installing a location device.

Finally ORBIFLEX will not take responsibility for any damages or loses resulting for vehicle manipulation in order to install or put in operation the GPS location devices.


19. DATA COMMUNICATIONS

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.


20. 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.


21. 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.


22. NO THIRD-PARTY BENEFICIARIES

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.


23. ADDITIONAL TERMS

Certain products or services offered by this Web site, and certain areas within this Web site may be governed by additional terms of use or other agreements presented in conjunction with those products or services (“Additional Terms”). You must agree to these Additional Terms before using those products, services, and areas. The Additional Terms and this Terms of Use shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and these Terms of Use, the Additional Terms shall control.


24. 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.


25. 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.


26. GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY

These Terms constitute the entire agreement between you and ORBIFLEX with respect to this Web site, superseding any prior agreements between you and ORBIFLEX. These Terms are 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 Web site from locations outside the U.S., you are responsible for compliance with local laws and regulations. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all these Terms, including without limitation this paragraph. The failure of ORBIFLEX to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.


27. 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.


28. CONTACT INFORMATION

If you have any questions about this Agreement, please contact us by email or regular mail at the following address: sales@americaloc.com