orengeo™ Terms of Use
Welcome to Orengeo. Please Read Carefully Before Using This Website:
Orengeo, Inc. maintains this site for information and communication purposes.
This webpage contains the Terms of Use governing your access to and use of the Orengeo,
Inc. (the “Website” or “Site” or “Orenego”). If you do not accept these
Terms of Use or you do not meet or comply with their provisions, you may not use
the Website
A. TERMS APPLICABLE TO ALL USERS
1. Overview
YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING
TO THESE TERMS OF USE.
For users who are not registered with this Website, your use of the Website will
be deemed to be acceptance of the Terms of Use, Section A.
For users who are registered with the Website, your use of the Website shall be
subject to (i) certain designated terms (see Section B below) in addition to those
terms applicable to all users and (ii) shall be further conditioned on your [clicking
the "I AGREE TO THE TERMS OF USE" button at the end of these Terms of Use].
IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY
TERMINATE YOUR USE OF THIS WEBSITE.
2. Changes To Terms
Orengeo.com may, at any time, for any reason and without notice, make changes to
(i) this Website, including its look, feel, format, and content, as well as (ii)
the products and/or services as described in this Website. Any modifications will
take effect when posted to the Website. Therefore, each time you access the Website,
you need to review the Terms of Use upon which access and use of this Website is
conditioned. By your continuing use of the Website after changes are posted, you
will be deemed to have accepted such changes.
3. Jurisdiction
The Website is directed to those individuals and entities located in the United
States. It is not directed to any person or entity in any jurisdiction where (by
reason of nationality, residence, citizenship or otherwise) the publication or availability
of the Website and its content, including its products and services, are unavailable
or otherwise contrary to local laws or regulations. If this applies to you, you
are not authorized to access or use any of the information on this Website. Orengeo
makes no representation that the information, opinions, advice or other content
on the Website (collectively, "Content") is appropriate or that its products and
services are available outside of the United States. Those who choose to access
this Website from other locations do so at their own risk and are responsible for
compliance with applicable local laws.
4. Identity Verification
In order to provide a fully transparent, responsible, and ethical online commerce
environment, the Site reserves a right to verify any and all users’ identity, including
names, addresses and phone numbers provided to the Site. If the Site identifies
and determines that a user has provided invalid or falsified information, the Site
will limit, de-active, and/or remove the user’s account from the Site and its associated
services. The Site also encourages members to report immediately any member who
is using falsified information in the Site.
5. Scope of Use and User E-Mail
You are only authorized to view, use, copy for your records and download small portions
of the Content (including without limitation text, graphics, software, audio and
video files and photos) of this Website for your informational, non-commercial use,
provided that you leave all the copyright notices, including copyright management
information, or other proprietary notices intact.
You may not store, modify, reproduce, transmit, reverse engineer or distribute a
significant portion of the Content on this Website, or the design or layout of the
Website or individual sections of it, in any form or media. The systematic retrieval
of data from the Website is also prohibited.
E-mail submissions over the Internet may not be secure and are subject to the risk
of interception by third parties. Please consider this fact before e-mailing any
information. Also, please consult our Privacy Policy. You agree not to submit or
transmit any e-mails or materials through the Website that: (i) are defamatory,
threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any
other harmful component, (iii) incorporate copyrighted or other proprietary material
of any third party without that party's permission or (iv) otherwise violate any
applicable laws. Orengeo, Inc. shall not be subject to any obligations of confidentiality
regarding any information or materials that you submit online except as specified
in these Terms of Use, or as set forth in any additional terms and conditions relating
to specific products or services, or as otherwise specifically agreed or required
by law.
The commercial use, reproduction, transmission or distribution of any information,
software or other material available through the Website without the prior written
consent of Orengeo is strictly prohibited.
6. Using the Site
The Site is open to any individual over the age of 18-year old or companies that
can legally enter into a binding contract. However, the Site has a sole discretion
to accept or refuse registration from any individual or company. Following activities,
including but not limited to, are not allowed while using the Site:
- Violating any laws, 3rd party rights and copy-rights, or the terms and conditions
of the Site
- Listing and/or bidding on any item while being legally minor
- Listing of illegal and/or hazardous items in any nature
- Withholding or failure of delivering payments or items when a valid binding
contract is formed
- Manipulating either the price or the content of listings
- Manipulating bid price to inflate the final bid prices of items
- Providing false user feedbacks to harm or undermine other sellers or buyers
- Providing false or invalid information during the registration or item listing
processes
- Soliciting or collecting personal information from other users
- Soliciting other users for services or business
- Any other activities interfering with normal transactions or activities of
the Site
7. Site Outage
Even though the Site is maintained to provide the highest level of reliability and
availability of services, unexpected outages do occur occasionally due to unforeseen
and/or unexpected causes that are outside of the Site’s immediate control. Accordingly,
to the extent legally permitted, the Site excludes all implied warranties, terms
and conditions. In addition, the Site is not liable for any loss of money, goodwill,
or reputation, or any special, indirect or consequential damages arising out of
your use of the Site.
8. Prohibited Items
The Site does not allow any item that is defined as either illegal or hazardous
by any local, state, or federal agency, such as bio-hazard or toxic waste or chemicals.
The Site reserves a right to refuse or remove any item that it considers inappropriate
at any time without advance notice.
The Site will actively monitor and remove any listing that violates the Prohibited
Items Policy. However, it is both seller’s and buyer’s best interest to inspect
and determine the appropriateness of each item listed. Please see the
Prohibited Items Policy
for further information.
9. Copyrights and Trademarks
The materials at this Site, as well as the organization and layout of this site,
are copyrighted and are protected by United States and international copyright laws
and treaty provisions. You may access, download and print materials on this Website
solely for your personal and non-commercial use; however, any print out of this
Site, or portions of the Site, must include Orengeo’s copyright notice. No right,
title or interest in any of the materials contained on this Site is transferred
to you as a result of accessing, downloading or printing such materials. You may
not copy, modify, distribute, transmit, display, reproduce, publish, license any
part of this Site; create derivative works from, link to or frame in another website,
use on any other website, transfer or sell any information obtained from this Site
without the prior written permission of Orenego.
Except as expressly provided under the "Scope of Use" Section above, you may not
use, reproduce, modify, transmit, distribute, or publicly display or operate this
Website without the prior written permission of Orenego. You may not use a part
of this Website on any other Website, without Orenego’s prior written consent.
Orengeo respects the intellectual property rights of others and expects our Users/
users to do the same. The policy of Orengeo is to terminate the accounts of repeat
copyright offenders and other users who infringe upon the intellectual property
rights of others. If you believe that your work has been copied in a way that constitutes
copyright infringement, please contact us at service@orengeo.com
10. Links
For your convenience, we may provide links to various other Websites that may be
of interest to you and for your convenience only. However, Orengeo does not control
or endorse such Websites and is not responsible for their content nor is it responsible
for the accuracy or reliability of any information, data, opinions, advice, or statements
contained within such Websites. Please read the terms and conditions or terms of
use policies of any other company or website you may link to from our website. These
Terms of Use policy applies only to Orengeo’s website and the products and services
Orengeo offers. If you decide to access any of the third party sites linked to this
Website, you do so at your own risk. Orengeo reserves the right to terminate any
link or linking program at any time. Orengeo disclaims all warranties, express and
implied, as to the accuracy, validity, and legality or otherwise of any materials
or information contained on such sites.
You may not link to this Website without Orengeo’s written permission. If you are
interested in linking to this Website, please contact
service@orengeo.com
11. No Unlawful or Prohibited Use
As a condition of your use of the Website, you warrant to Orengeo that you will
not use the Website for any purpose that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the Website in any manner that could damage,
disable, overburden, or impair the Site or interfere with any other party's use
and enjoyment of the Website. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available or provided for
through the Site.
12. Spamming
Gathering email addresses from Orengeo through harvesting or automated means is
prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional
materials, or any other forms of solicitation to other Users is prohibited. Inquiries
regarding a commercial relationship with Orengeo should be directed to:
service@orengeo.com
13. No Warranties
THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS
WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT
NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL
OF WHICH ORENEGEO EXPRESSLY DISCLAIMS. ORENEGEO DOES NOT ENDORSE AND MAKES NO WARRANTY
AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT AND ORENGEO
WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING
THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE
ORENEGEO MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE
UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES
OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS
TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE
OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT
IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY ORENEGEO. SOME STATES
DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY
NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION
TO JURISDICTION.
14. Governing Law, Location and Miscellaneous
These Terms of Use shall be governed in all respects by the laws of the State of
California USA, without reference to its choice of law rules. If an applicable law
is in conflict with any part of the Terms of Use, the Terms of Use will be deemed
modified to conform to the law. The other provisions will not be affected by any
such modification.
15. Separate Agreements
You may have other agreements with Orengeo. Those agreements are separate and in
addition to these Terms of Use. These Terms of Use do not modify, revise or amend
the terms of any other agreements you may have with Orengeo.
16. No Professional Advice
The information available on the Website is intended to be a general information
resource regarding the matters covered, and is not tailored to your specific circumstance.
You should not construe this as legal, accounting or other professional advice.
This Website is not intended for use by minors.
YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE
IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL
OR OTHER ADVISOR, AS APPROPRIATE.
17. Users Disputes
You are solely responsible for your interactions with other Users. Orengeo reserves
the right, but has no obligation, to monitor disputes between you and other Users.
18. User Submissions And Communications; Public Areas:
You acknowledge that you own, solely responsible or otherwise control all of the
rights to the content that you post; that the content is accurate; that use of the
content you supply does not violate these Terms of Use and will not cause injury
to any person or entity; and that you will indemnify Orengeo or its affiliates for
all claims resulting from content you supply.
If you make any submission to an area of the Website accessed or accessible by the
public (“Public Area”) or if you submit any business information, idea, concept
or invention to Orengeo by email, you automatically represent and warrant that the
owner of such content or intellectual property has expressly granted Orengeo a royalty-free,
perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create
derivative works from, modify, publish, edit, translate, distribute, perform, and
display the communication or content in any media or medium, or any form, format,
or forum now known or hereafter developed. Orengeo may sublicense its rights through
multiple tiers of sublicenses. If you wish to keep any business information, ideas,
concepts or inventions private or proprietary, you must not submit them to the Public
Areas or to Orengeo by email. We try to answer every email in a timely manner, but
are not always able to do so.
Orengeo reserves the right (but is not obligated) to do any or all of the following:
- Record the dialogue in public chat rooms.
- Examine an allegation that a communication(s) do(es) not conform to the terms of
this section and determine in its sole discretion to remove or request the removal
of the communication(s).
- Remove communications that are abusive, illegal, or disruptive, or that otherwise
fail to conform with these Terms of Use.
- Terminate a Member's access to any or all Public Areas and/or the Orengeo Site upon
any breach of these Terms of Use.
- Monitor, edit, or disclose any communication in the Public Areas.
- Edit or delete any communication(s) posted on the Orengeo Site, regardless of whether
such communication(s) violate these standards.
Orengeo reserves the right to take any action it deems necessary to protect the
personal safety of our guests or the public. Orengeo has no liability or responsibility
to users of the Orengeo Website or any other person or entity for performance or
nonperformance of the aforementioned activities.
19. Arbitration
Except as regarding any action seeking equitable relief, including without limitation
for the purpose of protecting any Orengeo confidential information and/or intellectual
property rights, any controversy or claim arising out of or relating to these Terms
of Use or this Website shall be settled by binding arbitration in accordance with
the commercial arbitration rules, in effect at the time the proceedings begin, of
the American Arbitration Association. Any such controversy or claim shall be arbitrated
on an individual basis, and shall not be consolidated in any arbitration with any
claim or controversy of any other party. The arbitration shall be held in Santa
Clara County, California USA
All information relating to or disclosed by any party in connection with the arbitration
of any disputes hereunder shall be treated by the parties, their representatives,
and the arbitrator as proprietary business information. Such information shall not
be disclosed by any party or their respective representatives without the prior
written authorization of the party furnishing such information. Such information
shall not be disclosed by the arbitrator without the prior written authorization
of all parties. Each party shall bear the burden of its own counsel fees incurred
in connection with any arbitration proceedings. Judgment upon the award returned
by the arbitrator may be entered in any court having jurisdiction over the parties
or their assets or application of enforcement, as the case may be. Any award by
the arbitrator shall be the sole and exclusive remedy of the parties. The parties
hereby waive all rights to judicial review of the arbitrator's decision and any
award contained therein.
20. Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. ORENGEO SPECIFICALLY DISCLAIMS ANY LIABILITY,
WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR
ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING
OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT
(EVEN IF ORENEGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE
IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION
TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS
TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS
OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS
TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN
CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY ORENGEO SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
21. Indemnity
You agree to defend, indemnify, and hold orengeo its officers, directors, employees,
agents, licensors, and suppliers, harmless from and against any claims, actions
or demands, liabilities and settlements including without limitation, reasonable
legal and accounting fees, resulting from, or alleged to result from, your violation
of these Terms of Use.
B. ADDITIONAL TERMS APPLICABLE TO REGISTERED USERS
22. Accounts And Security
Orengeo not warrant that the functions contained in the service provided by the
Website will be uninterrupted or error-free, that defects will be corrected or that
this service or the server that makes it available will be free of viruses or other
harmful components.
As part of the registration process, each user will select a password (“Password”)
and Login Name (“Login Name”). You shall provide Orengeo with accurate, complete,
and updated Account information. Failure to do so shall constitute a breach of this
Terms of Use, which may result in immediate termination of your Account.
You may not:
- select or use a Login Name of another person with the intent to impersonate that
person;
- use a name subject to the rights of any other person without authorization;
- use a Login Name that Website, in its sole discretion, deems inappropriate or offensive.
You shall notify Orengeo of any known or suspected unauthorized use(s) of your Account,
or any known or suspected breach of security, including loss, theft, or unauthorized
disclosure of your password. You shall be responsible for maintaining the confidentiality
of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination
of your Account, at Orenego’s sole discretion, and you may be reported to appropriate
law-enforcement agencies.
23. Transactions Services
As a registered user of the site and to have access to sell throughout the Orengeo
community you agree to the terms of the transactions services agreement.
Contact us: If you would like to request additional information regarding these
Terms of Use, please contact us at service@orengeo.com
or write us at: Orengeo, Inc. , 562 S. Milpitas Blvd, Milpitas, California 95035.
USA.