For security reasons, a member ID has been assigned to represent you. It will be used throughout your activities in not only your marketplace but also other marketplaces.
You may update the member ID with your own. However, it must be alpha-numeric characters (a~z, 0~9) only.
\ I agree to the Terms of Use, Privacy Policy and Transaction Services Agreement
'; button = 'Next'; break; case 'step2': pnlcontent = '1. Overview
\ YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.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:\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:\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.\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.'; $(".show_agree").html(a); $(".show_title").effect("slide"); } return false; }); $("#link_privacy").on("click", function () { var selected = $(this).hasClass("selected") $(".show_link a.selected").each(function () { $(this).removeClass("selected"); }); if (selected == true) { $(".show_title").effect("slide", { direction: "right", mode: "hide" }, 500); $(".show_agree").empty(); } else { $(this).addClass("selected"); var a = 'This is an important document which you must consider carefully when choosing whether to use the orengeo Services. This Agreement also highlights certain risks of using the orengeo Services.\ Please note the following risks of using the orengeo Services:\ Payments received in your Orengeo account may be reversed at a later time, for example, if such a payment is subject to a Chargeback, Reversal, Claim or otherwise invalidated. This means that for some of our Sellers, payments received into their Account may be returned to the sender or otherwise removed from their Account after they have been paid and/or delivered any goods or services sold.\ You can help protect yourself from the risk of a payment being reversed from your Account by following the criteria set out in the Protection for Sellers section and by following the other guidance provided in the "Security Center" accessible via every page of the orengeo website.\ We may close, suspend, or limit your access to your Account or the orengeo Services, and/or limit access to your funds for up to 180 Days if you violate this Agreement, the orengeo Acceptable Use Policy, or any other agreement you enter into with orengeo .\ If you wish to open a Dispute through orengeo ’s Online Resolution Center you must do so within 30 days of making your payment.\ You must consider such risks and guidance when using orengeo .
\1.1 orengeo is Only a Payment Service Provider.
\ orengeo helps you make payments to and accept payments from third parties. orengeo is an independent contractor for all purposes, except that orengeo acts as your agent with respect to the custody of your funds only. orengeo does not have control of, or liability for, the products or services that are paid for with the orengeo Transaction Services. We do not guarantee the identity of any User or ensure that a buyer or a Seller will complete a transaction.\1.2 Your Privacy.
\ Protecting your privacy is very important to orengeo . Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your Information.\ Receives payment(s) from the buyer.\ Holds the payment(s) until the transaction is completed successfully.\ Distridutes the payment(s), less any fees, to the seller.\1.3 Privacy of Others.
\ If you receive Information about another User through the orengeo Services, you must keep the Information confidential and only use it in connection with the orengeo Services. You may not disclose or distribute a User’s Information to a third party or use the Information for marketing purposes unless you receive the User’s express consent to do so.\1.4 Intellectual Property.
\ "orengeo .com," "orengeo ," and all logos related to the orengeo Services are either trademarks or registered trademarks of orengeo or its licensors. You may not copy, imitate or use them without orengeo ’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of orengeo . You may not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by orengeo through our Merchant services, auction tools features or affiliate programs without prior written consent for the purpose of directing web traffic to the orengeo Services. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to orengeo or the orengeo Services or display them in any manner that implies orengeo ’s sponsorship or endorsement. All right, title and interest in and to the orengeo website, any content thereon, the orengeo Services, the technology related to the orengeo Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of orengeo and its licensors.\1.5 Assignment.
\ You may not transfer or assign any rights or obligations you have under this Agreement without orengeo ’s prior written consent. orengeo reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.\1.6 Notices to You.
\ You agree that orengeo may provide notice to you by posting it on our website, emailing it to the email address listed in your Account, or mailing it to the street address listed in your Account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered. If the notice is sent by mail, we will consider it to have been received by you three Business Days after it is sent. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting orengeo as described in section 1.7 below. orengeo will charge you a Records Request Fee (per section 8) to provide a paper copy. orengeo reserves the right to close your Account if you withdraw your consent to receive electronic communications.\1.7 Account History Statement.
\ You have the right to receive an account statement. You may view your Account history statement by logging into your Account and looking at your Account History subtab on the Account Overview webpage.\2.1 Eligibility.
\ To be eligible for the orengeo Services, you must be at least 18 years old and a resident of the United States. This Agreement applies only to Users who are residents of the United States. If you are a resident of another country, please see the applicable law pertaining to that country.\2.2 Identity Authentication.
\ You authorize orengeo , directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide a taxpayer identification number, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying your Information against third party databases or through other sources.\2.3 Third Party Permissions.
\ If you grant express permission to a third party to take specific actions on your behalf, or access particular information about your Account, either through your use of the third party’s product or service or through the API Access, Manage API Permissions section of your Profile, you acknowledge that orengeo may disclose the information about your Account that is specifically authorized by you to this third party. You also acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further you acknowledge and agree that you will not hold orengeo responsible for, and will indemnify orengeo from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant. You may change or remove these permissions at any time by logging into your Account, choosing the Profile subtab under the My Account tab, and selecting API Access, then Manage API Permissions.\3.1 Sending Limits.
\ We may, at our discretion, impose limits on the amount of money you can send through the orengeo Services. You can view your sending limit, if any, by logging into your Account and clicking on the View Limits link on the Account Overview page. If you have a Verified Account, we may increase your sending limits.\3.2 Default Payment Methods.
\ When you make a payment, if you have not selected a Preferred Payment Method, orengeo will fund your transaction in this order:\3.3 Preferred Payment Method.
\ If you would like to select a Preferred Payment Method you may do so in these instances:\3.4 Payment Method Limitations.
\ In order to manage risk, orengeo may limit the Payment Methods available for a transaction. In addition, Payment Methods may be limited if you make a orengeo payment through certain third party websites or applications. For orengeo Business Payments, you are limited to funding your orengeo payment with either (or both) your Balance. In such cases, you may choose to continue with the transaction with the understanding that you may have fewer avenues available for dispute resolution should the transaction turn out to be unsatisfactory.\3.5 Bank Transfers.
\ When Instant Transfer or when you initiate an Add Funds transaction, you are requesting an electronic transfer from your bank account. For these transactions, orengeo will make electronic transfers via ACH from your bank account in the amount you specify. You agree that such requests constitute your authorization to orengeo to make the transfers. Once you have provided your authorization for the transfer, you will not be able cancel the electronic transfer. You give orengeo the right to resubmit any ACH debit you authorized that is returned for insufficient or uncollected funds.\3.6 Refused and Refunded Transactions.
\ When you send money, the recipient is not required to accept it. You agree that you will not hold orengeo liable for any damages resulting from a recipient’s decision not to accept a payment made through the orengeo Transaction Services. We will return any unclaimed, refunded or denied payment within 30 Days of the date you initiate payment. If a payment is unclaimed, denied or refunded for any reason, we will return the money to your Balance or to the original Payment Method.\3.7 Merchant Processing Delay.
\ When you send a payment to certain Merchants, you are providing an Authorization to the Merchant to process your payment and complete the transaction. The payment will be held as pending until the Merchant processes your payment. Some Merchants may delay processing your payment. In such an instance, your Authorization will remain valid for up to 30 Days. If your payment requires a currency conversion, the exchange rate (which includes a Currency Conversion Fee) will be determined at the time the Merchant processes your payment and completes the transaction.\3.8 Accuracy of Information.
\ You are responsible for confirming the accuracy of the information you provide about each payment you send, including the email address or telephone number of the recipient, and amount of the transaction.\4.1 Receiving Personal Payments.
\ If you are selling goods or services, you may not ask the buyer to send you a check.\4.3 Payment Review.
\ Payment Review is a process by which orengeo reviews certain potentially high-risk transactions. If a payment is subject to Payment Review, orengeo will place a hold on the payment and provide notice to the Seller to delay shipping the item. orengeo will conduct a review and either clear or cancel the payment. If the payment is cleared, orengeo will provide notice to the Seller to ship the item. Otherwise, orengeo will cancel the payment and the funds will be returned to the buyer. All payments that clear Payment Review will be Seller Protection Policy eligible if they meet the Seller Protection Policy requirements. orengeo will provide notices to you by email or in the Transaction History tab of your Account.\4.4 Risk of Reversals, Chargebacks and Claims.
\ When you receive a payment, you are liable to orengeo for the full amount of the payment plus any Fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment, plus the applicable Fees listed in section 8 of this Agreement if you lose a Claim or a Chargeback, or if there is a Reversal of the payment. You agree to allow orengeo to recover any amounts due to orengeo by debiting your Balance. If there are insufficient funds in your Balance to cover your liability, you agree to reimburse orengeo through other means. If a sender of a payment files a Chargeback, the credit card issuer, not orengeo, will determine who wins the Chargeback.\4.5 No Surcharges.
\ You agree that you will not impose a surcharge or any other fee for accepting orengeo as a payment method. You may charge a handling fee in connection with the sale of goods or services, as long as the handling fee does not operate as a surcharge and is not higher than the handling fee you charge for non-orengeo transactions.\4.6 Taxes.
\ It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. orengeo is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.\4.7 Your Refund Policy and Privacy Policy.
\ We recommend that if you are selling goods or services you have a published return policy and a published privacy policy on your website or at your point of sale.\5.1 Balances.
\ You do not need to maintain a Balance in your Account in order to make payments. If you do hold a Balance, orengeo will hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes and will not voluntarily make your funds available to its creditors in the event of bankruptcy. While your funds are in our custody, unless you enroll in the Money Market Fund sweep, orengeo will combine your funds with the funds of other Users and place those Pooled Accounts in one or more bank accounts in orengeo’s name. Balances in U.S. Dollars that are held in Pooled Accounts may be eligible for FDIC pass-through insurance.\5.2 Assignment of Interest to
\ orengeo. You agree that you will not receive interest or other earnings on the funds that orengeo handles as your agent and places in Pooled Accounts. In consideration for your use of the orengeo Transaction Services, you irrevocably transfer and assign to orengeo any ownership right that you may have in any interest that may accrue on funds held in Pooled Accounts. This assignment applies only to interest earned on your funds, and nothing in this Agreement grants orengeo any ownership right to the principal of the funds you maintain with orengeo. In addition to or instead of earning interest on Pooled Accounts, orengeo may receive a reduction in fees or expenses charged for banking services by the banks that hold your funds.\5.3 Money Market Fund.
\ You will not receive any earnings on the funds that orengeo handles for you unless you enroll in the Money Market Fund. If you enroll in the Money Market Fund, orengeo’s subsidiary will act as your agent to use any U.S. Dollar Balance in your Account on a daily basis to purchase shares in the Money Market Fund. In addition, your Money Market Fund holdings will be regarded by us as your Balance and as such all Balance funded payments that you make will be funded by redeeming your shares in the Money Market Fund.\5.4 Negative Balances and Multiple Currencies.
\ If one of the currency Balances in your Account is negative for any reason, orengeo may setoff the negative Balance by using funds you maintain in a different currency Balance, or by deducting amounts you owe orengeo from money you receive into your Account or money you attempt to withdraw or send from your Account. If you have a negative balance for a period of 21 Days or longer, orengeo will convert your negative Balance to U.S. Dollars.\5.5 Security Interest.
\ To secure your performance of this Agreement, you grant to orengeo a lien on and security interest in and to the funds held in your Account in the possession of orengeo.\6.1 How to Withdraw Money.
\ You may withdraw funds by electronically transferring them to your bank account, requesting a physical check through the mail. Generally, we will send checks only to Confirmed Addresses, unless you have a Verified Account. We will not send checks to P.O. Boxes. If you would like us to send a check to an address that does not meet these criteria, you must contact Customer Service and provide the documentation that we request to verify your association with the address. If you fail to cash a check within 180 Days of the date of issuance, we will return the funds to your Balance (minus a Fee).\6.2 Withdrawal Limits.
\ Depending on the degree to which you have verified your Account, we may limit you to withdrawing no more than $500.00 USD per month. You can view your withdrawal limit, if any, by logging into your Account and clicking on the "View Limits" link on the "Account Overview". In addition, we may delay withdrawals of large sums of money while we screen for risk.\7.1 How to Close Your Account.
\ You may close your Account at any time by logging in to your Account, clicking on the “Profile” tab, clicking on the “Close Account” link, and then following the instructions. Upon Account closure, we will cancel any pending transactions and you will forfeit any Balances associated with Redemption Codes, unless otherwise legally prohibited. You must withdraw your Balance prior to closing your Account.\7.2 Limitations on Closing Your Account.
\ You may not close your Account to evade an investigation. If you attempt to close your Account while we are conducting an investigation, we may hold your funds for up to 180 Days to protect orengeo or a third party against the risk of Reversals, Chargebacks, Claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your Account even after the Account is closed.\7.3 Escheatment of Dormant Accounts.
\ If you do not log in to your Account for two or more years, orengeo may close your Account and send the Balance to your primary address, or, if required, escheat your Balance to your state of residency. orengeo will determine your residency based on the state listed in your primary address. If your address is unknown or registered as a foreign country, your funds will be escheated to the state of Delaware. Where applicable, orengeo will send you a notice prior to escheating or closing your Account. If you fail to respond to this notice, your Balance will be escheated to the state. If you would like to claim your funds from the state, please contact your state’s Unclaimed Property Administration.\8.1 Fees Overview.
\ Fees are based on whether you are making a Purchase Payment, a Personal Payment or a orengeo Business Payment. Some fees are expressed as a percentage of the payment amount. All fees are in U.S. Dollars unless otherwise stated.\9.1 Restricted Activities.
\ In connection with your use of our website, your Account, or the orengeo Services, or in the course of your interactions with orengeo , other Users, or third parties, you will not:\10.1 Your Liability.
\ You are responsible for all Reversals, Chargebacks, Claims, fees, fines, penalties and other liability incurred by orengeo , a User, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the orengeo Services. You agree to reimburse orengeo, a User, or a third party for any and all such liability.\ Liability for orengeo Claims. If you are a Seller and orengeo makes a final decision that you lose a Claim filed directly with orengeo, you will be required to reimburse orengeo for your liability. Your liability will include the full purchase price of the item and original shipping cost (and in some cases, you may not receive the item back). You will not receive a refund on your orengeo fees. orengeo Seller protection may cover your liability, see section 11 below.\ If you sell to a buyer and the buyer files a Significantly Not as Described (SNAD) Claim, you will generally be required to accept the item back and refund the buyer the full purchase price plus original shipping costs. You will not receive a refund on your orengeo fees. If you lose a SNAD Claim because the item you sold is counterfeit, you will be required to provide a full refund to the buyer and you will not receive the item back (it will be destroyed).\10.2 Temporary Holds for Disputed Transactions.
\ If a User files a Claim, Chargeback or Reversal on a payment you received, orengeo may place a temporary hold on the funds in your Account to cover the amount of the liability. If you win the dispute or the transaction is eligible for orengeo Seller protection, orengeo will lift the temporary hold. If you lose the dispute, orengeo will remove the funds from your Account. This process also applies to claims that a buyer files directly with orengeo through the orengeo Dispute Resolution process if your Account is your reimbursement method for buyer claims.\10.3 Reimbursement for Your Liability.
\ In the event that you are liable for any amounts owed to orengeo, orengeo may immediately remove such amounts from your Balance. If you do not have a Balance that is sufficient to cover your liability, your Account will have a negative Balance and you will be required to immediately add funds to your Balance to eliminate the negative Balance. If you do not do so, orengeo may engage in collection efforts to recover such amounts from you.\10.4 Actions by
\ orengeo. If we have reason to believe that you have engaged in any Restricted Activities, we may take various actions to protect orengeo, other Users, other third parties, or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:\ We may close, suspend, or limit your access to your Account or the orengeo Services (such as limiting access to any of your Payment Methods, and/or your ability to send money, make withdrawals, or remove financial Information);\ We may contact Users who have purchased goods or services from you, contact your bank or credit card issuer, and/or warn other Users, law enforcement, or impacted third parties of your actions;\ We may update inaccurate Information you provided us;\ We may refuse to provide the orengeo Services to you in the future;\ We may hold your funds for up to 180 days if reasonably needed to protect against the risk of liability; and\ We may take legal action against you.\ orengeo , in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the orengeo Services for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in custody for you.\10.5 Account Closure, Termination of Service, or Limited Account Access.
\ If we close your Account or terminate your use of the orengeo Transaction Services for any reason, we will provide you with notice of our actions. If we limit access to your Account, we will provide you with notice of our actions and the opportunity to request restoration of access if appropriate.\ Additional hold period. If you receive a Dispute, Claim, Chargeback, or Reversal on the transaction subject to the item hold, orengeo may hold the payment in your Account until the matter is resolved pursuant to this Agreement.\10.6 Reserves.
\ orengeo, in its sole discretion, may place a Reserve on funds held in your Business Account when orengeo believes there may be a high level of risk associated with your Account. If orengeo places a Reserve on funds in your Account, they will be shown as “pending” in your orengeo Balance. If your Account is subject to a Reserve, orengeo will provide you with notice specifying the terms of the Reserve. The terms may require that a certain percentage of the amounts received into your Account are held for a certain period of time, or that a certain amount of money is held in reserve, or anything else that orengeo determines is necessary to protect against the risk associated with your Account. orengeo may change the terms of the Reserve at any time by providing you with notice of the new terms.\10.7 Acceptable Use Policy Violation - User Fines.
\ If you violate the Acceptable Use Policy then we may hold your funds up to 180 Days, fine you up to $2,500.00 USD for each such violation and/or take legal action against you to recover additional losses we incur. You acknowledge and agree that a fine up to $2,500.00 USD is presently a reasonable minimum estimate of orengeo’s damages, considering all currently existing circumstances, including the relationship of the sum to the range of harm to orengeo that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult. orengeo may deduct such fines directly from any existing Balance in the offending Account, or any other Account you control.\11.1 orengeo Seller Protection.
\ orengeo Seller protection is protection we provide Sellers from Claims, Chargebacks, or Reversals that are based on\ Unauthorized Transaction or\ Item Not Received\ Seller protection is available for eligible payments from buyers in any country.\11.2 Scope of Protection.
\ orengeo will protect you for the full amount of the eligible payment and waive the Chargeback Fee, if applicable. There is no limit on the number of payments for which you can receive coverage.\11.3 Eligibility Requirements.
\ To be eligible for Seller protection, you must meet all of the basic requirements listed below; plus, you must meet the Item Not Received requirements listed below to be covered for Item Not Received protection and you must meet the Unauthorized Transactions requirements listed below to be covered for Unauthorized Transaction protection.\ Basic Requirements:\ You must ship the item to the shipping address on the Transaction Details Page.\ You must respond to orengeo’s requests for documentation and other information in a timely manner.\ The item must be a physical, tangible good that can be shipped.\ Your primary residence, as listed in your Account, must be in the United States.\ Item Not Received Additional Requirements:\ The payment must be marked “eligible” or “partially eligible” for Seller protection on the Transaction Details Page.\ You must have a Proof of Delivery as described below.\ You must ship the item within 7 days of receipt of payment. Or, if the payment is for pre-ordered or made-to-order goods, shipment is required within the timeframe specified in your item listing.\ Unauthorized Transactions Additional Requirements:\ The payment must be marked “eligible” for Seller protection on the Transaction Details Page.\ You must have a Proof of Shipment or a Proof of Delivery.\ \11.4 Proof of Shipment, Proof of Delivery, and Signature Confirmation Requirements.
\ "Proof of Shipment" is online or physical documentation from a shipping company that includes all of the following:\ The date the item is shipped.\ The recipient’s address, showing at least the city/state or zip code (or international equivalent).\ "Proof of Delivery" is online documentation from a shipping company that includes all of the following:\11.5 Items/transactions not eligible for Seller protection.
\ The following are examples of items/ transactions not eligible for Seller protection.\ Claims or Chargebacks for Significantly Not as Described.\ Items that you deliver in person.\ Intangible items, digital goods, and services.\ orengeo Direct Payments.\ Virtual Terminal Payments.\ orengeo Business Payments.\ Items that are not shipped to the recipient address. If you originally ship the item to the recipient address but the item is later redirected to a different address, you will not be eligible for Seller protection. We therefore recommend not using a shipping service that is arranged by the buyer, so that you will be able to provide valid proof of shipping and delivery.\ \12.1 Protection for Unauthorized Transactions and Other Errors.
\ When an unauthorized transaction or other error occurs in your Account, including unauthorized transactions that occur because your orengeo account information has been lost or stolen, orengeo will cover you for the full amount of every eligible unauthorized transaction or other error so long as you follow the procedures discussed below in section 12.2.\ An unauthorized transaction is a type of error that occurs when money is sent from your Account that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your Account, and sends a payment from your Account, an unauthorized transaction has occurred.\ In addition, other errors occur when money is either incorrectly taken from your Account or incorrectly placed into your Account, or when transactions are incorrectly recorded in your Account. Examples of processing errors include: if you send a payment and it is debited twice from your Account; if a transaction is missing from, or not properly identified in, your Account history statement; if you receive an incorrect amount of money at an ATM; and if there is a computational or mathematical error by orengeo.\ Your may request documentation or information regarding your Account or transaction to determine whether an error exists by contacting us through the Contact Us link at the bottom of each page of the orengeo website.\12.2 Notification Requirements.
\ You should immediately notify orengeo if you believe:\ there has been an unauthorized transaction or unauthorized access to your Account;\ there is an error in your account history statement (you can access your account history by logging into your Account and clicking on a link to “View all of your transactions” ) or your transaction confirmation sent to you by email;\ you need more information about a transaction listed on the statement or transaction confirmation.\ To be eligible for 100% protection for errors in your Account, you must notify us within 60 days after any unauthorized transaction or other error first appears in your Account history statement. We will extend the 60-day time period if a good reason, such as a hospital stay, kept you from notifying us within 60 days.\ You should regularly log into your Account and review your Account history statement to ensure that there has not been an unauthorized transaction or other error. orengeo will also send an email to the primary email address you have provided in order to notify you of each transaction from your Account. You should also review these transaction confirmations to ensure that each transaction was authorized and is accurate.\ \12.3 orengeo Actions after Receipt of Your Notification
\ Once you notify us of any suspected unauthorized transaction or other error, or we otherwise learn of one, we will do the following:\ We will conduct an investigation to determine whether there has been an unauthorized transaction or other error that is eligible for protection.\ We will complete our investigation within 10 Business Days of the date we received your notification of the suspected unauthorized transactions or other error. If your Account is new (the first transaction from your Account was less than 30 Business Days from the date you notify us), we may take up to 20 Business Days to complete this investigation. If we need more time, we may take up to 45 days to complete our investigation (or up to 90 days for new Accounts, or if your transaction was at a point of sale where you were physically present, or a foreign initiated transaction).\ If we decide that we need more time to complete our investigation, we will provisionally credit your Account for the amount of the suspected error. You will receive the provisional credit within 10 Business Days of the date we received your notice (or 20 Business Days for new Accounts). This will allow you to have use of the money until we complete the investigation. We will notify you of the provisional credit within two Business Days of the crediting. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days (or 20 Business Days for new Accounts), we will not provisionally credit your Account.\ We will inform you of our decision within 3 Business Days after completing our investigation.\ If we determine that there was an error, we will promptly credit the full amount of the error into your Account within one Business Day of our determination. Or, if you have already received a provisional credit, you will be allowed to retain those amounts.\ If we decide that there was not an error, we will include an explanation of our decision in our email to you. If you received a provisional credit, we will remove it from your Account and notify you of the date and amount of the debit. You may request copies of the documents that we used in our investigation.\12.4 orengeo Processing Errors.
\ We will rectify any processing error that we discover. If the error resulted in your receipt of less than the correct amount to which you were entitled, orengeo will credit your Account for the difference. If the error results in your receipt of more than the correct amount to which you were entitled, orengeo will debit the extra funds from your orengeo Account. If the error resulted in our not completing a transaction on time or in the correct amount, we will be liable for your losses or damages directly caused by this failure, unless: (a) through no fault of ours, you did not have enough available funds to complete the transaction, (b) our system was not working properly and you knew about the breakdown when you started the transaction, or (c) circumstances beyond our control (such as fire or flood or loss of Internet connection) prevented the transaction, despite our reasonable precautions.\13.1 Types of Problems Covered.
\ orengeo Purchase Coverage helps you if you encounter either of these problems:\ You did not receive the item you paid for with orengeo – “Item Not Received” , or\ You received an item you paid for with orengeo but it is “Significantly Not as Described” (as described below)\ If your problem is a transaction that you did not authorize, please report the unauthorized transaction through the orengeo Security Center.\ An item is “Significantly Not as Described” if it is materially different from what the Seller described in the item listing. Here are some examples:\ You received a completely different item. For example, you purchased a book and received a DVD or an empty box.\ The condition of the item was misrepresented. For example, the description when you bought the item said “new” and the item was used.\ The item was advertised as authentic but is not authentic.\ The item is missing major parts or features which were not disclosed in its description when you bought the item.\ You purchased three items from a Seller but only received two.\ The item was damaged during shipment.\ An item is not Significantly Not as Described if it is materially similar to the Seller’s item listing description. Here are some examples:\ The defect in the item was correctly described by the Seller.\ The item was properly described but you didn’t want it after you received it.\ The item was properly described but did not meet your expectations.\ The item has minor scratches and was listed as used condition.\13.2 Eligibility Requirements.
\ To be eligible for orengeo Purchase Protection you must meet all of the following requirements:\ Pay for the eligible item from your orengeo Account.\ Pay for the full amount of the item with one payment. Items purchased with multiple payments – like a deposit followed by a final payment – are not eligible.\ Send the payment to the Seller through:\ Open a Dispute within 45 days of the date you sent the payment – then follow the online dispute resolution process described below under Dispute Resolution.\ Have an Account in good standing.\13.3 Ineligible Items.
\ orengeo Purchase Protection only applies to orengeo payments for certain tangible, physical goods. Payments for the following are not eligible for reimbursement under orengeo Purchase Protection:\ Intangible items, including Digital Goods\ Services\ Vehicles, including motor vehicles, motorcycles, caravans, aircraft and boats\ Items prohibited by the orengeo Acceptable Use Policy\ Items which you collect in person, or arrange to be collected on your behalf\ Items that violate orengeo’s Prohibited Items Policy\ Industrial machinery used in manufacturing\ orengeo Direct Payments\ Personal Payments\ Even if your payment is not eligible for orengeo Purchase Protection, you can file a Dispute and to try to resolve the issue directly with the seller, however, orengeo will generally not find in your favor if you escalate a Dispute to a Claim for an item which is not eligible for orengeo Purchase Protection.\13.4 Coverage Amount.
\ If you are eligible for orengeo Purchase Protection and orengeo finds in your favor on your Claim, orengeo will reimburse you for the full purchase price of the item and original shipping costs – with no cap on coverage.\ orengeo will not reimburse you for the return shipping costs that you incur to return a Significantly Not As Described item to the Seller or other party orengeo specifies. If the Seller presents evidence that they delivered the goods to your address, orengeo may find in favor of the Seller for an Item Not Received claim even if you did not receive the goods.\13.5 Conflict Resolution.
\ If you are unable to resolve a problem directly with a Seller, you can go to the Resolution Center and follow this process:\ Open a Conflict. Open a Conflict within 45 daysof the date you made the payment for the item you would like to Conflict to negotiate with the Seller for resolution of the Conflict. We will place a hold on all funds related to the transaction in the seller’s account until the Conflict is resolved or closed.\ Escalate the Conflict to a Claim.If you and the Seller are unable to come to an agreement, you can escalate the Conflict to a Claim within 20 days after opening the Conflict.\ You must wait at least 7 days from the date of payment to escalate a Conflict for an Item Not Received (INR), unless the Conflict is for the equivalent of $2,500 U.S. Dollars or more (or currency equivalent). To find the currency equivalent in any other currency (for example, CAD or Euro) at the time of transaction please log into your Account and use the “Currency Converter” tool located in your Account Overview. If you do not escalate the Conflict to a Claim within 20 days, orengeo will close the Conflict.\ Respond to orengeo’s requests for information in a timely manner. During the Claim process, orengeo may require you to provide documentation to support your position. You may be asked to provide receipts, third party evaluations, police reports, or anything else that orengeo specifies.\ Comply with orengeo ’s shipping requests in a timely manner. For Significantly Not as Described Claims, orengeo may require you, at your expense, to ship the item back to the Seller, or to orengeo , or to a third party and to provide proof of delivery.\ For transactions that total less than $250, proof of delivery is confirmation that can be viewed online and includes the delivery address showing at least city/state or zip, delivery date, and the URL to the shipping company’s web site if you’ve selected “Other” in the shipping drop down menu. For transactions that total $250 or more, you must get signature confirmation of delivery.\ Claim Resolution Process.Once a Conflict has been escalated to a Claim, orengeo will make a final decision in favor of the buyer or the Seller. You may be asked to provide receipts, third party evaluations, police reports, or anything else that orengeo specifies. orengeo retains full discretion to make a final decision in favor of the buyer or the Seller based on any criteria orengeo deems appropriate. In the event that orengeo makes a final decision in favor of the buyer or Seller, each party must comply with orengeo ’s decision. orengeo will generally require the buyer to ship an item that the buyer claims is Significantly Not as Described back to the Seller (at the buyer’s expense), and orengeo will generally require a Seller to accept the item back and refund the buyer the full purchase price plus original shipping costs. In the event a Seller loses a Claim, the Seller will not receive a refund on his or her orengeo fees associated with the transaction. If you lose a Significantly Not as Described Claim because the item you sold is counterfeit, you will be required to provide a full refund to the buyer and you will not receive the item back (it will be destroyed).\13.6 Relationship between orengeo’s protection programs and Chargebacks.
\ Credit card Chargeback rights, if they apply, are broader than orengeo’s protection programs. Chargebacks may be filed more than 45 days after the payment, may cover unsatisfactory items even if they do not qualify, and may cover intangible items. You may pursue a Conflict/Claim with orengeo, or you may contact your credit card company and pursue your Chargeback rights. You may not pursue both at the same time or seek a double recovery. If you have an open Conflict or Claim with orengeo, and also file a Chargeback with your credit card company, orengeo will close your Conflict or Claim, and you will have to rely solely on your Chargeback rights.\ If orengeo does not make a final decision on your Claim until after your credit card issuer’s deadline for filing a chargeback, and because of our delay you recover less than the full amount you would have been entitled to recover from the credit card issuer, we will reimburse you for the remainder of your loss (minus any amount you have already recovered from the Seller).\ Before contacting your card issuer or filing a Conflict with orengeo, you should contact the Seller to resolve your issue in accordance with the Seller’s return policy as stated on their auction or website.\14.1 Contact orengeo First.
\ If a Conflict arises between you and orengeo, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the Conflict quickly. Conflicts between you and orengeo regarding the orengeo Services may be reported to Customer Service.\14.2 Arbitration.
\ For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the Conflict in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative Conflict resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.\14.3 Law and Forum for
\ Conflicts. Except as otherwise agreed by the parties or as described in section 14.2 above, you agree that any claim or Conflict you may have against orengeo must be resolved by a court located in either Santa Clara County, California. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims or Conflicts. This Agreement shall be governed in all respects by the laws of the State of California, without regard to conflict of law provisions.\14.4 Improperly Filed Litigation.
\ All claims you bring against orengeo must be resolved in accordance with section 14 of this Agreement. All claims filed or brought contrary to section 14 shall be considered improperly filed a breach of this Agreement. Should you file a claim contrary to section 14, orengeo may recover attorneys fees and costs (including in-house attorneys and paralegals) up to $1,000.00 USD, provided that orengeo has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.\14.5 Insolvency Proceedings.
\ If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, orengeo will be entitled to recover all reasonable costs or expenses (including reasonable attorneys’ fees and expenses) incurred in connection with the enforcement of this Agreement.\14.6 No Waiver.
\ Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.\14.7 Indemnification.
\ You agree to defend, indemnify and hold orengeo , its parent, officers, directors and employees harmless from any claim or demand (including attorneys fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the orengeo Services.\14.8 Assumption of Rights.
\ If orengeo pays out a Claim, Reversal or Chargeback that you file against a recipient of your payment, you agree that orengeo assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in orengeo’s discretion.\14.9 Release of orengeo.
\ If you have a Conflict with one or more Users, you release orengeo (and our officers, directors, agents, joint ventures and employees) from any and all Claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such Conflicts. In addition, you waive California Civil Code §1542, which says: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.\14.10 State Agencies.
\ In addition to reporting complaints against orengeo directly to orengeo as described above, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210. If you are a California resident, you have a right to receive the same information in section 1.6 by email. To make such a request, send a letter to orengeo at the address listed in section 1.7, include your email address, and request the information provided in section 1.6.\15.1 Limitations of Liability.
\ IN NO EVENT SHALL WE, OUR PARENT, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, THE orengeo SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.\15.2 No Warranty.
\ orengeo, OUR PARENT, EMPLOYEES AND OUR SUPPLIERS PROVIDE THE orengeo SERVICES AS IS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. orengeo, OUR PARENT, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. orengeo does not have any control over the products or services that are paid for with the orengeo Services and orengeo cannot ensure that a buyer or a Seller you are dealing with will actually complete the transaction or is authorized to do so. orengeo does not guarantee continuous, uninterrupted or secure access to any part of the orengeo Services, and operation of our site may be interfered with by numerous factors outside of our control. orengeo will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but orengeo makes no representations or warranties regarding the amount of time needed to complete processing because the orengeo Services are dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.\15.3 orengeo Shopping.
\ orengeo Shopping is part of the orengeo website that features Merchants’ offers and enables product search. orengeo does not warrant that product descriptions, pricing, search results, User ratings and reviews or any other content on orengeo Shopping is accurate, complete, reliable or current. orengeo Shopping is provided for informational purposes only and does not constitute an endorsement by orengeo of any product, service or Merchant.\15.4 License Grant.
\ If you are using orengeo software such as an API, developer’s toolkit or other software application that you have downloaded to your computer, device, or other platform then orengeo grants you a revocable, non-exclusive, non-transferable license to use orengeo ’s software in accordance with the documentation. This license grant includes the software and all updates, upgrades, new versions and replacement software, as described herein for your personal use only. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation and use requirements contained in all orengeo documentation accompanying the orengeo Services. If you do not comply with orengeo’s implementation and use requirements you will be liable for all resulting damages suffered by you, orengeo and third parties. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the software. You acknowledge that all rights, title and interest to orengeo’s software are owned by orengeo. Any third party software application you use on the orengeo website is subject to the license you agreed to with the third party that provides you with this software. orengeo does not own, control nor have any responsibility or liability for any third party software application you elect to use on the orengeo website and/or in connection with the orengeo Services. If you are using the orengeo Services on the orengeo website, or other website or platform hosted by orengeo, or a third party, and are not downloading orengeo’s software or using third party software applications on the orengeo website, then this section does not apply to your use of the hosted orengeo Services.\15.5 Complete Agreement.
\ This Agreement, along with any applicable policies and agreements on the Legal Agreements page on the orengeo website, sets forth the entire understanding between you and orengeo with respect to the orengeo Services. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.\15.6 Translated Agreement.
\ orengeo may provide you with the ability to translate this Agreement to a language other than English. Any translation of this Agreement is provided solely for your convenience and is not intended to modify the terms of this Agreement. In the event of a conflict between the English version of this Agreement and a version in a language other than English, the English version shall apply.’'; $(".show_agree").html(a); $(".show_title").effect("slide"); } return false; }); $("body").find(".reg_panel_wrapper .reg_panel .buttonbar .btnblue.gopreset").on('click', function () { user_password = $(".reg_panel_container > .reg_panel > .pnlcontent #txt_newuser_pw").val(); template_id = 0; market_type = ''; callStep('step2'); }); $(".show_control").on('click', function () { $(".show_link a.selected").each(function () { $(this).removeClass("selected"); }); $(".show_title").effect("slide", { direction: "right", mode: "hide" }, 500); $(".show_agree").empty(); }); $(".show_title").hide(); break; case 'step2': $("body").find(".reg_panel_wrapper .reg_panel .buttonbar .btnblue.gosite").hide(); $("body").find(".reg_panel_wrapper .reg_panel .templateselector ul").empty(); try { $.ajax({ type: "POST", contentType: "application/json", url: "/Webservices/Template/Common.asmx/GetSitePresets", dataType: "json", success: function (data) { var image_lists = {}; console.log("success"); image_lists = $.parseJSON(data.d); $(image_lists).each(function (key, val) { var path = val.folder_path.replace("~/", ""); var preset_thumb = "