Terms and Conditions

Welcome to Oritor’s website. The information, content, tools, products and services of this website (“Site”) are owned by Oritor, Inc. and its subsidiaries and affiliates (collectively, “Oritor”). This document includes important disclosures and information related to certain products and services offered by Oritor.

Terms and Conditions

Please carefully read these Terms and Conditions (“Terms of Use”) before using the Site. By accessing the Site, you agree to follow and be bound by these Terms of Use. Nothing contained in these Terms of Use is intended to modify or amend any other written agreement, including any customer or account agreements, and any other agreements that govern your use of information, content, tools, products and services available on and through the Site.

Oritor may modify, suspend, discontinue, or restrict the use and availability of any portion of the Site at any time, without notice or liability. Individual access and use of the Site may be monitored by Oritor and used for Oritor’s internal business purposes, without liability. You can get more information about information that Oritor collects from use of the Site by consulting our Online Privacy Policy.

Oritor may periodically modify these Terms of Use, and any modifications will be effective immediately upon posting. Oritor suggests that you periodically check these Terms of Use for updates thereto. If you do not agree to these Terms of Use, you may not use the Site. Your access to or use of the Site constitutes your acceptance of these Terms of Use.

Limited License and Restrictions on Use

Oritor grants you a limited, revocable, nonexclusive, nontransferable license to view, store, bookmark, download, and print the pages within the Site solely for your personal, informational, and non-commercial use. Accordingly, you agree not to:

  • Modify, copy, screen capture, distribute, forward, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell, or exploit any page, text, image, reports, data, information, content, software, RSS and podcast feeds, products, services, or other materials on, generated by, or obtained from the Site, whether through links or otherwise (collectively, “Materials”);
  • Redeliver any Materials on the Site using “framing” or other similar or analogous technology;
  • Engage in any conduct that could damage, disable, overburden or interfere with the proper working of: (i) the Site; (ii) any Materials or services provided through the Site; or (iii) any systems, networks, servers, or accounts related to the Site, including without limitation, using devices or software that provide repeated automated access to the Site, other than those made generally available by Oritor;
  • Attempt to probe, scan, or test the vulnerability of any Materials, services, systems, networks, servers, or accounts related to the Site, or attempt to gain unauthorized access to Materials, services, systems, networks, servers, or accounts connected or associated with the Site through hacking, password or data mining, or any other means of circumventing any access-limiting, user authentication or security device of any Materials, services, systems, networks, servers, or accounts related to the Site, or redeliver, reproduce, or circumvent any page, text, image, or materials on the Site;
  • Modify, copy, obscure, remove, or display Oritor’s name, logo, trademarks, text, notices, or images; and
  • Include the term oritor.com or any Oritor trademark, logo or executive’s name, or any variation of the foregoing, as a meta-tag, hidden textual element, or any other indicator that creates an impression of affiliation, sponsorship or endorsement by Oritor.

You are responsible for obtaining and maintaining all equipment, services and other materials that you need to access the Site. Oritor reserves all rights expressly granted in these Terms of Use and by federal, state or local law.

Compliance With Applicable Laws; Export Control Laws

Your access to the Site is governed by all applicable federal, state and local laws. All information available on the Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.

All Materials are commercial in nature. Use duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19.

Open Source License Notices

The Materials may contain software from the open source community covered by the GNU General Public License or other open source licenses. To find out which open source software is included in Oritor products, view the licensing terms applicable to the open source software, and to obtain a copy of the programming source code, please visit https://www.oritor.com/oscd.

Account Authorization and Use

If you have an account or plan to open an account with Oritor, you agree to provide Oritor with current, complete, and accurate information about you as prompted by the applicable registration process and agree regularly to update this information to maintain its completeness and accuracy. You agree to use the Site to access only those accounts on which you are authorized to act, and to use your own user names, logins and passwords when accessing accounts on which you are authorized to act. You are solely responsible for all activities that occur in connection with your user name and password. Accordingly, you should take steps to protect the confidentiality of any account information, user names, logins and passwords that you use to access any page or feature on the Site, and for logging off of your account and any protected areas of the Site.

If you become aware of any suspicious or unauthorized conduct concerning your accounts, user names, logins, passwords, or security questions and answers, you agree to contact Oritor immediately. Oritor is not liable for any loss or damage arising from your failure to comply with these Terms of Use.

Products and services provided to you through the Site may involve the electronic transmission, including via any e-mail address you provide to Oritor, of information that you may consider to be personal information or promotional and marketing materials, and you consent to such transmission.

User Content

You agree that you are solely responsible for all information, data, content, text, photographs, graphics, images, videos, messages, comments, quotations, files, documents, and any other materials that you submit, upload, post, e-mail, transmit, or otherwise make available via the Site (“User Content”). By submitting, uploading, posting, e-mailing, or transmitting User Content to the Site, you represent and warrant that either you own all right, title, and interest in and to the User Content or have express permission from the owner to copy and use such User Content for all purposes related to the Site. Oritor does not control and is not responsible for the User Content uploaded via the Site, and Oritor neither guarantees the accuracy, quality, or appropriateness of nor endorses any User Content submitted or uploaded to the Site.

You agree not to use the Site to:

  • Submit, upload, post, e-mail, transmit, or otherwise make available any User Content that personally attacks or is derogatory toward Oritor as an entity, Oritor employees, any Oritor products or services, or any Oritor Materials;
  • Harm minors in any way, including, but not limited to, submitting, uploading, posting, e-mailing, transmitting, or otherwise making available content that violates child pornography laws, child sexual exploitation laws, or laws prohibiting the depiction of minors engaged in sexual conduct;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;
  • Submit, upload, post, e-mail, transmit, or otherwise make available any User Content that you do not have a right to make available under any law or contractual or fiduciary relationships or obligations;
  • Submit, upload, post, e-mail, transmit, or otherwise make available any User Content that infringes, violates, or misappropriates any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right or any moral right of any party;
  • Submit, upload, post, e-mail, transmit, or otherwise make available any material that contains viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or intentionally or unintentionally violate any applicable local, state, national, or international laws, rules, regulations, decrees, acts, orders, directives, legislation, bills, or statutes.

None of the User Content that you submit, upload, post, e-mail, or transmit or otherwise make available via the Site is subject to any confidentiality obligations by Oritor and its affiliates, subsidiaries, directors, officers, employees, agents, licensors, and vendors. Except as may be provided by federal securities laws, Oritor is not be liable in any way for any User Content or for the use or disclosure of any User Content.

You acknowledge that Oritor or its affiliates may or may not (but are not obligated to) monitor User Content, but that Oritor has the right in its sole discretion to monitor, post, move, refuse, or remove any User Content, in whole or in part, for any reason whatsoever, without notice and without liability.

Disclaimer of Warranties

ORITOR DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND ABOUT THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE SITE AND MATERIALS ARE MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” AND ORITOR DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.

ORITOR DOES NOT WARRANT THAT THE SITE OR MATERIALS WILL MEET YOUR NEEDS, OR THAT YOUR USE THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ORITOR ALSO MAKES NO WARRANTY THAT THE RESULTS OR INFORMATION OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

ORITOR WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE SITE OR MATERIALS, AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF ORITOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

ORITOR WILL ALSO NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH ORITOR DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACTS OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR A GOVERNMENT ACTION.

IF YOU LIVE IN A JURISDICTION THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER EQUIPMENT, OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

Copyright Policy, Notice, and Claim Information

All Materials on the Site, whether separate or compiled, including, but not limited to, text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code and xml code, as well as all copyright, patent, trademark, trade dress, and other rights therein, are owned or licensed by Oritor and its third-party information providers, and are protected by United States and international intellectual property laws. (The foregoing does not apply to open source software).

How to Report a Possible Claim of Infringement on the Site:

If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can provide Oritor’s designated agent with the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
  • Identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
  • Identification or description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Oritor designates an agent as described below to receive notifications of claimed copyright infringement by mail:

EDGE LAW GROUP
236 N Santa Cruz Ave
Ste 228
Los Gatos, CA 95030-7279

Trademarks

All Oritor graphics, logos, page headers, and service names are trademarks, service marks, or trade dress of Oritor. Oritor’s trademarks, service marks and trade dress may not be used in connection with any product or service that is not Oritor’s, in any manner that is likely to cause confusion among customers or investors, or in any manner that disparages or discredits Oritor. Nothing contained on the Site should be construed as granting any license or right in or to any trademarks, service marks, or trade dress of Oritor.

All other trademarks, service marks, and logos appearing on the Site are the exclusive property of their respective owners.

Indemnification

As a condition of your use of the Site, you agree to indemnify and hold Oritor harmless from and against any and all claims, losses, liability, costs and expenses (including, but not limited to, attorneys’ fees) arising from your use of the Site and Materials, information presented on the Site or from your violation of these Terms of Use.

Termination

The rights granted to you herein terminate immediately upon any violation by you of these Terms of Use. Oritor, in its sole discretion, reserves the right to temporarily or permanently terminate your access to and use of the Site and Materials at any time and for any reason whatsoever, without notice or liability. Oritor will not be liable to you or any third party for any termination of your access to or use of the Site.

Severability

If any provision of these Terms of Use is deemed unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions. These Terms of Use represent the entire agreement between you and Oritor relating to the subject matter herein.

Governing Law

Unless otherwise agreed, these Terms of Use and their enforcement are governed by the laws of the State of California, without regard to conflicts of law, and inures to the benefit of Oritor’s successors and assigns, whether by merger, consolidation, or otherwise. You agree to submit to the jurisdiction of the state and federal courts located in Santa Clara County, California, in connection with any dispute arising from or concerning these Terms of Use and its subject matter. You waive your right to trial by jury in any dispute concerning these Terms of Use and its subject matter.

 

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