ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS (”TERMS”), DO NOT USE THIS WEBSITE.
Orion Scientific, LLC. (“Orion Scientific” “we,” or “us”) provides its web site, TopInfo.Center, located at http://topinfo.center/ and/or http://topinfo.center/wp (together with all other websites and services operated by or on behalf of Orion Scientific, LLC., the “Site”), to you, an individual user (“you”) for your individual usage, subject to compliance with the terms and conditions set forth herein.
Acceptance of Contract Terms
The following are terms of a legal agreement between you and TopInfo.Center Site (“Site”) Staff, Orion Scientific LLC and its owners and it’s Staff. By accessing, browsing and/or using this Site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. The Staff of TopInfo.Center Site, Orion Scientific LLC and its owners and it’s Staff reserves the right to change the terms and conditions at any time. You are responsible for regularly reviewing these terms and conditions. Your continued use of the TopInfo.Center site after the effective date of such changes constitutes your acceptance of and agreement to such changes. The Staff of TopInfo.Center Site, Orion Scientific LLC and it’s owners and it’s Staff makes no representation that materials in the Site are appropriate or available for use in other locations besides United States, and access to them from territories where their contents are illegal is prohibited. Those who choose and access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. The information provided on the Site are intended to provide helpful and informative material on the subjects addressed within them and are given with the understanding that the author of the TopInfo.Center Site or it’s content not engaged in rendering professional advice or services to any individual. The information contained on the TopInfo.Center Site and it’s newsletter is not intended as a substitute for consulting with a health care professional. If you are suffering any medical condition, we encourage you to consult with a medical professional. The accuracy and completeness of the information provided in the content and newsletter within them is not guaranteed or warranted to produce any particular results and the advice and strategies provided may not be suitable for every individual. The Staff of TopInfo.Center Site disclaim any liability for loss, injury, or damages resulting directly or indirectly from the use or application of any of the contents of the Site or it’s materials, newsletters and/or courses including any loss or injury resulting directly or indirectly from the negligence of the authors, staff or newsletter content providers. Any application of the material set forth in the content, it’s materials, newsletters and courses of the site is at the students discretion and is his or her sole responsibility. The information contained on the TopInfo.Center Site, it’s newsletters and courses is not intended as a substitute for consulting with a financial adviser. This site, it’s content, it’s newsletters and courses are not intended to give investment advise, please consult your financial adviser on making any financial decisions.
You affirm that you are over the age of 18, as the Site is not intended for children under 18. If it comes to Orion Scientific’s attention through reliable means that a registered user is a child under 18 years of age, Orion Scientific will cancel that user’s account.
2. Changes to the TOU
We reserve the right at any time to:
Change the terms and conditions of the TOU;
Change the Site, including eliminating or discontinuing any content or feature of the Site; or
Impose fees, charges or other conditions for use of the Site or parts thereof (with reasonable notice).
Orion Scientific may modify the Site at any time without prior notice, and you accept those modifications if you continue to use the Site. You should check the Site frequently to see recent changes.
3. Use of Site
4. Important Securities Disclaimer
You understand that no content published on the Site constitutes a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the bloggers, information providers, App providers, or their affiliates are advising you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent that any of the content published on the Site may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person. You understand that an investment in any security is subject to a number of risks, and that discussions of any security published on the Site will not contain a list or description of relevant risk factors. In addition, please note that some of the stocks about which content is published on the Site have a low market capitalization and/or insufficient public float. Such stocks are subject to more risk than stocks of larger companies, including greater volatility, lower liquidity and less publicly available information. Blogs, postings or content on the Site which may or may not be deemed by you to be recommendations may have an effect on their stock prices.
You understand that the Site may contain opinions from time to time with regard to securities mentioned in other Orion Scientific blogs or products, and that opinions in one blog or product may be different from those in another blog or product. You understand and agree that, although we require all employees to disclose every stock in which they, their immediate family, or any entity under their control, have a personal interest, if such stock is mentioned in a blog, post, or content which they write, non-employees, including outside bloggers or other content contributors or their affiliates may write about securities in which they or their firms have a position, and that they may trade for their own account, and that they may or may not be subject to a disclosure policy. In cases where Orion Scientific becomes aware that one of its employees has violated his or her disclosure obligation, Orion Scientific will take appropriate action. In addition, outside bloggers or content contributors may be subject to certain restrictions on trading for their own account. However, you understand and agree that at the time of any transaction that you make, one or more bloggers or content contributors or their affiliates may have a position in the securities written about.
You understand that performance data is supplied by sources believed to be reliable, that the calculations herein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.
From time to time, reference may be made on our Site to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
All content on the Site is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
5. No Investment Recommendations or Professional Advice
The Site is not intended to provide tax, legal, insurance or investment advice, and nothing on the Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by Orion Scientific or any third party. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.
6. Copyright, Linking Policy and Trademarks
The Site and the content contained herein, as well as all copyrights, including without limitation, the text, documents, articles, products, software, graphics, photos, sounds, videos, interactive features, services, links, User Submissions (as defined below), third-party Apps, and any other content on the Site (“Content”) and the trademarks, service marks and logos contained therein are the property of Orion Scientific and its third-party licensors or providers. You may access and use the Content, and download and/or print out copies of any content from the Site, solely for your personal, non-commercial use. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership rights by using the Site. Orion Scientific reserves all rights not expressly granted in and to the Site.
You may link to any content on the Site. If you are interested in reprinting, republishing or distributing content from Orion Scientific, please contact Orion Scientific to obtain written consent. Orion Scientific is a trademark and/or service mark of Orion Scientific or an affiliate. All other trademarks, service marks, and logos used on our web sites are the trademarks, service marks, or logos of their respective owners.
This section shall survive any termination of these TOU.
7. User Conduct
You may not use, copy, display, sell, license, de-compile, republish, upload, post, transmit, distribute, create derivative works or otherwise exploit Content from the Site to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the Content or use of the Content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.
In addition, in connection with your use of the Site and its services (including by sending private messages to other registered users of the Site via your Orion Scientific direct messaging account), you agree not to:
Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
Use the Site for any unlawful purpose;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
“Frame” or “mirror” any part of the Site without our prior written authorization;
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine”, “scrape”, “harvest” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
Harvest or collect information about visitors to the Site without their express consent;
Send unsolicited or unauthorized advertisements, spam, chain letters, etc to other users of the Site;
Transmit any Content which contains software viruses, or other harmful computer code, files or programs.
You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and the content made available therein.
In order to access some of the services of the Site, you will have to create an account. By creating this account you agree to the following:
You may only maintain a single account;
You may never share your account user name or password or knowingly provide or authorize access to your account (including without limitation a “Subscription”, as defined below in Section 18);
You may never use another user’s account without permission;
When creating your account, you must provide accurate and complete information;
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure;
You must notify us immediately of any breach of security or unauthorized use of your account;
You will be liable for any use made of your account or password and the losses of Orion Scientific or others due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your account.
Orion Scientific has the right to terminate your access to the Site, in its sole discretion.
8. Overview of Posting Content; Monitoring Content
The Site permits the submission of Content by users of the Site, including without limitation comments, articles, links, private messages sent to other registered users through the Site’s messaging system, and items in our StockTalk and Instablog sections, and including from those who give permission to Orion Scientific to post their Content (“User Submissions”) and the hosting, sharing and publishing of such User Submissions on the Site. Orion Scientific has the right in its sole discretion and without further notice to you, to monitor, censor, edit, move, delete, and/or remove any and all Content posted on its Site or any Content transmitted by direct messaging or by any other method to or from your Orion Scientific user account at any time and for any reason. Without limiting the foregoing, Orion Scientific has the right to delete any comment or Content that it believes, in its sole discretion, does or may violate the TOU of the Site by you.
On user-generated Instablogs, StockTalks and Comments, Orion Scientific reserves the right to remove content that violates one of the following principles, as determined by Orion Scientific, at our discretion:
No incitement to hatred. Material that promotes hatred toward groups based on race or ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation/gender identity will be removed.
No pornography or pedophilia
No direct or veiled threats against any person or group of people.
No copyright infringement
No plagiarism. This includes posting content verbatim from other sources without proper attribution and/or repurposing content from other sources and presenting it without reference to the content’s creator.
No publishing of other people’s private and confidential information, such as credit card numbers, Social Security Numbers, and driver’s and other license numbers.
No impersonation of others in a manner that is intended to or does mislead or confuse others.
No use for unlawful purposes or for promotion of dangerous and illegal activities. Your account may be terminated and you may be reported to the appropriate authorities.
No spamming, link-spamming or transmitting malware and viruses.
No personal attacks.
No profanity or vulgarity.
No business solicitations or advertising.
No inappropriate, unethical or misleading behavior.
Important note: Orion Scientific encourages civil, thought-provoking debate and idea-sharing among investors and stock-market followers. In order to maintain a level of discourse appropriate to our user base, we are strongly opposed to trolling, uncivilized discussion, mudslinging, inappropriate language, and blanket dismissal of others’ ideas. At our discretion, we may delete comments, StockTalks and Instablogs, and block/delete accounts of users we believe lower the level of discourse and courtesy we strive to engender.
Moderating decisions are subjective, and we strive to make them carefully and consistently. Due to the volume of content, we cannot review moderation decisions with users and cannot reverse decisions.
Our blogs and Content are intended to serve as a discussion center for thoughtful users who make their own investment decisions, with or without the help of a broker. They are not the place for stock touters, cheerleaders or hypesters. We strongly encourage all participants to disclose any positions they have in stocks being discussed.
Without derogating from the above, Orion Scientific editors, at their discretion, may refrain from posting or remove User Submissions that violate these standards or which are otherwise inappropriate. These standards are designed to ensure that the dialogue on the Site is credible, responsible, intelligent and informative. We cannot guarantee that users will tell the truth, and we will not monitor the veracity of names and positions or the content of any posts. However, by setting out the above guidelines, we hope to raise the credibility of the discussion and foster a spirit of open, honest exchanges of information.
If an author has a business relationship with a company named in an article that he or she has authored, that relationship must be fully and accurately disclosed.
If you have any comments on our policies, or complaints or concerns of any kind about any posts, please contact us at firstname.lastname@example.org. We will review all of the information that you communicate to us, but we may not be able to take action or respond directly to each email.
The Staff and Owners of TopInfo.Center Site and Orion Scientific LLC do not want to receive confidential or proprietary information from you through this Site. Any material, information or other communication (”Communications”) you transmit or post to this Site will be considered non-confidential and non-proprietary. The Staff and Owners of TopInfo.Center Site and Orion Scientific LLC will have no obligations with respect to the Communications. The Staff and Owners of TopInfo.Center Site and it’s designees and staff and owners of Orion Scientific LLC will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libellous, defamatory, obscene, pornographic, false, inaccurate, hateful, harassing, invasive of a persons privacy or other material that would violate any law in any jurisdiction. Site, newsletter and other Communicative Services You must be over 13 years of age to use the the site’s Communicative Services, such as newsletters, forums, chatrooms, social networks and if you are a Minor by Law, you will need to obtain parental permission in order to use these facilities.
9. User Submissions; Online Rules of Conduct
When you post any User Submission on the Site or give Orion Scientific permission to post your Content, you agree to:
Post comments in both tone and content that contribute in a positive and high quality manner to the substantive exchange of information and the subject matter of the Site.
Automatically grant Orion Scientific a royalty-free, perpetual, worldwide, irrevocable, non-exclusive and fully transferable and sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any User Submission (in whole or in part) and/or to incorporate any of your User Submission in other works now or in the future and in any media formats and through any media channels, and you confirm and warrant to Orion Scientific that you own the copyright in each of your User Submissions and have all the rights, power and authority necessary to grant the above license and rights.
Orion Scientific will use commercially reasonable efforts to attribute material User Submissions to the author.
When you post any User Submission on the Site, you also agree to abide by the following disclosure rules:
To disclose the existence at the time of writing of a long or short position (including stocks, options or other instruments) in any stock mentioned in any User Submission (except for “Comments”).
You may not write about a stock with the intention to boost or reduce the stock’s price and sell (or buy) the stock into the resulting strength or weakness.
If you intend at the time or writing to sell or buy a stock within three days of publication of a User Submission that discusses that stock, you must disclose this.
Abide by the following conflict of interest rule: You will disclose any material relationships with companies whose stocks you write about in a User Submission or parties that stand to gain in any way from the viewpoint you are outlining. Examples: You must disclose if you are employed by a company whose stock you are writing about; perform consulting for a company you write about; receive paid advertising revenue or any other form of sponsorship fee from a company you write about. This applies to narrow asset classes as well. For example, if you are paid to promote a gold dealer, that must be disclosed in any User Submission about gold.
If you choose an alias, be responsible for all statements made and acts or omissions that occur by use of your alias.
Waive any and all rights against Orion Scientific and hold Orion Scientific harmless in connection with any claims relating to any action taken by Orion Scientific as part of its investigation of a suspected violation or result of its conclusion that a violation of these TOU has occurred, including but not limited to the removal of User Submission from the Site or a suspension or termination of your access to the Site.
Maintain and promptly update your registration data to keep it true, accurate, current and complete.
You agree not to:
Choose an alias that is threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, hatefully, racially, ethnically or otherwise or objectionable.
Post or transmit any Content that you either know or should know is false, deceptive or misleading, or misrepresent or deceive others as to the source, accuracy, integrity or completeness of any comment you post.
Post or transmit any Content that is unlawful, harmful or injurious to others, contains software viruses, or other harmful computer code, files or programs, threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, hatefully, racially, ethnically or otherwise tortious or objectionable.
Post or transmit any Content that does or may invade the privacy or violate or infringe on any rights of others, including, without limitation, copyrights and other intellectual property rights.
By use of your alias or in any comment, impersonate any person or entity, falsely or deceptively state, infer or otherwise misrepresent your affiliation with or connection to any person or entity.
Post or transmit any Content which, either the act of posting or the comment itself, you do not have a right to do under any law, regulation or order of any court, or as a result of an employment, contractual, fiduciary or other legal obligation or relationship.
Post or transmit any advertising, promotional materials, so called “chain letters,” “pyramid” or other schemes or invitations to participate in these or any other form of solicitation or promotion.
Post or transmit any non-public or otherwise restricted, confidential or proprietary information without authorization.
Violate any local, state, national or international law, regulation or order of any court, including but not limited to regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or The Nasdaq Stock Market.
10. Reporting Inappropriate Content
If you become aware of misuse of the TopInfo.Center Site and/or Services by any person, please report to the Staff by sending an e-mail to feedback@TopInfo.Center
11. Links to Third-Party Websites
Links on this Site to third-party websites are provided solely as a convenience to you. If you use these links, you will leave this Site. The Staff and Owners of TopInfo.Center Site and Orion Scientific LLC have not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Thus, The Staff and Owners of TopInfo.Center Site and Orion Scientific LLC do not endorse or make any representations about them, or any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Site, you do this entirely at your own risk. The Staff and Owners of TopInfo.Center Site and Orion Scientific LLC are not responsible for the content presented on any external links existing on the Site at any time. Guidelines for Linking to this Site You may create links to this Site from other sites, but only in accordance with the terms listed below and in compliance with all applicable laws. A site that links to any of TopInfo.Center websites: – Should not present false information about TopInfo.Center Site it’s products or services, Orion Scientific LLC and/or its Staff or Owners and/or it’s products or services – Should not use TopInfo.Center logo(s) without permission from The Staff of TopInfo.Center – Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups – Should not create a browser or border environment around TopInfo.Center content – Should not imply that The TopInfo.Center and/or its Staff, the Staff and Owners of Orion Scientific LLC are endorsing it or its products Should not misrepresent its relationship with The TopInfo.Center Site and its Staff and Owners, Orion Scientific LLC, it’s Staff and Owners.
While we believe that the Site can and should be a positive environment for the exchange of information, you understand that the Site is open for posting to all users. Some individuals may post comments that may be offensive, indecent, objectionable, false, misleading or simply inappropriate.
13. Responsibility for User Submission
Each individual who submits a User Submission, whether published on the Site or not, is solely responsible for her or his own acts, including the content, context or information in the User Submission he or she submits. This means that each individual, and not Orion Scientific, is entirely responsible for anything and everything she or he posts on the Site including on any Blog, StockTalk, and Instablog. Orion Scientific does not, and does not intend to, pre-screen any comments posted on its Site, and Orion Scientific cannot and does not guarantee the accuracy, integrity or quality of anything that may appear on its Site.
We reserve the right to access, read, preserve, and disclose any User Submissions (whether published or not) or any other information we believe is reasonably necessary to (a) comply with any applicable law, regulation, legal process, subpoena or governmental or regulatory request, (b) enforce these TOU, including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Orion Scientific, its users, yourself or the public.
15. Disclaimer of Warranties
THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ORION SCIENTIFIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OUR SITE.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
ORION SCIENTIFIC AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ORION SCIENTIFIC OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
THE MATERIALS (INCLUDING ALL INFORMATION) AND SERVICES AT THIS SITE, INCLUDING SITE CONTENT, NEWSLETTERS, AND/OR ANY OTHER MATERIALS ORIGINATING FROM THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE STAFF OF TopInfo.Center SITE, STAFF AND OWNERS OF ORION SCIENTIFIC LLC ARE NOT RESPONSIBLE FOR ANY EFFECTS OR CONSEQUENCES RESULTING FROM READING OF ANY MATERIALS PRESENTED ON THE SITE AT ANY TIME. THE STAFF OF TopInfo.Center SITE STAFF AND OWNERS OF ORION SCIENTIFIC LLC FURTHER DOES NOT WARRANT THE ACCURACY AND COMPLETENESS OF THE MATERIALS, INFORMATION OR SERVICES AT THIS SITE. THE STAFF OF TopInfo.Center SITE, STAFF AND OWNERS OF ORION SCIENTIFIC LLC MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, AT ANY TIME WITHOUT NOTICE. THE MATERIALS AND SERVICES AT THIS SITE MAY BE OUT OF DATE, AND THE STAFF OF TopInfo.Center SITE, STAFF AND OWNERS OF ORION SCIENTIFIC LLC MAKES NO COMMITMENT TO UPDATE THE MATERIALS AND SERVICES AT THIS SITE.
16. Limitation of Liability
NEITHER ORION SCIENTIFIC NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS AND SPONSORS ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH ORION SCIENTIFIC. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO ORION SCIENTIFIC FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE OR ANY SERVICES, DURING THE PREVIOUS SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
As a condition of your use of the Site, you agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the TOU; (b) your use of the Site; (c) your violation of the rights of any third party, or (d) any claim that one of Your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these TOU and your use of the Site.
You understand and agree that Orion Scientific may, under certain circumstances and without prior notice to you, terminate your access to and use of the Site. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) repeat violators of third party copyrights or other intellectual property.
19. Copyright Policy
Orion Scientific respects the intellectual property of others, and we ask our users to do the same. Orion Scientific may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
19.1: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
19.2: a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
19.3: a description of where the material that you claim is infringing is located on the site, including the URL;
19.4: your address, telephone number, and email address;
19.5: a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
19.6: a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Orion Scientific’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
20. Additional Terms that Apply to Orion Scientific’s iPhone® Mobile Application
By downloading Orion Scientific’s mobile application on your iPhone® mobile device (the “Licensed Application”), your use of the Licensed Application is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you download the Licensed Application. In addition, you agree to the following terms:
You acknowledge that this TOU is entered into by and between You and Orion Scientific exclusively and not with Apple, Inc. or its subsidiaries (“Apple”).
Any appearance of the word “Site” in the TOU is also intended, where appropriate, to include a reference to the Licensed Application.
As between Orion Scientific and Apple, we are exclusively responsible for the Licensed Application and its content, unless specifically noted otherwise in the TOU,
Orion Scientific grants you a nontransferable, nonexclusive, royalty-free, fully paid, worldwide license (without the right to sublicense) to install and use one copy of the Licensed Application, in executable object code format only, solely on your iPhone® mobile device.
Except as required by applicable law, You acknowledge that neither Orion Scientific nor Apple are obligated to maintain or support the Licensed Application. Notwithstanding the foregoing, from time to time, we may provide updates or upgrades to the Licensed Application (each a “Revision”), but we are not under any obligation to do so. Such Revisions will be supplied according to Orion Scientific’s then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the Licensed Application. All references herein to the Licensed Application shall include Revisions. This TOU shall govern any Revisions that replace or supplement the original Licensed Application unless the Revision is accompanied by a separate license agreement which will govern the Revision.
Currently, we do not charge for Your use of the Licensed Application, however, your use of the Licensed Application requires and utilizes internet connection or data access. To the extent that a third party service provider or carrier charges for Your internet or data usage, you agree to be solely responsible for those charges.
In the event of any failure of the Licensed Application to conform to any applicable warranty provided herein, You may notify Apple, and Apple will refund the purchase price, if any, for the Licensed Application to You. Furthermore, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Licensed Application to conform to any warranty.
To the extent that a claim is permitted pursuant to this TOU, Orion Scientific, and not Apple, is responsible for addressing Your claims or those of any third party relating to the Licensed Application or Your possession and/or use of the Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Similarly, if there is a third party claim that the Licensed Application or Your possession and use of the Licensed Application infringes a third party’s intellectual property rights, Orion Scientific, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
Apple is an intended third-party beneficiary of this Section 17, Additional Terms. You acknowledge that Apple will have the right (and will be deemed to have accepted the right) to enforce any of the terms or conditions of this Section 17 against you as a third-party beneficiary of this Section 17.
21. Additional Terms that Apply to Orion Scientific Paid Subscriptions
By subscribing to Orion Scientific subscription products (the “Subscription”), you agree to pay the applicable Subscription fees set forth on the Site. Orion Scientific reserves the right to revise Subscription fees upon reasonable notice.
We remind you that all the rules applicable to setting up an account under Section 6 above (entitled, “User Conduct”) apply to your Subscriptions.
Unless we notify you in writing otherwise, you are not permitted to share Content available through your Subscriptions.
Unless stated otherwise in writing, Subscription fees are nonrefundable.
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