Terms & Conditions
ORM-ASSOCIATION.COM Terms and Conditions of UseEFFECTIVE DATE: 4/22/09
Please read these orm-association.com Terms and Conditions of Use (“Terms of Use”) carefully before using this website.
Introduction and Agreement to Be Bound.
These Terms of Use govern orm-association.com (the "Website") and your use of the Website, and you agree to these Terms of Use by using the Website. The Website is operated by the Online Reputation Management Association (“ORMA”).
Modification of Terms.
ORMA reserves the right to modify these Terms of Use at any time. You will be responsible for reviewing and complying with these Terms of Use periodically in the event that they are modified.
Privacy Policy.
By using the Website and agreeing to these Terms of Use, you consent to the terms of the ORMA’s Privacy Statement for the Website, which you understand may be modified from time to time. The Privacy Statement is available at http://orma.dev-corner.info/privacy_policy.php and is incorporated into these Terms of Use by reference. You consent to our use of cookies and similar devices for the purposes set forth in the Privacy Statement and further understand and agree that, to the extent that information is collected about you, it will be stored on servers in the United States.
License.
Conditioned on your compliance with these Terms of Use, ORMA grants you a limited, revocable, non-exclusive license (i) to access the Website, and (ii) while accessing the Website, to view Materials displayed on the Website for your personal internal use, and for no other purpose. You are also granted a limited, revocable, non-exclusive license to print a single copy of any portion of the contents of the Website for your personal internal use, and no other purpose. For purposes of these Terms of Use, Materials means any text, data compilations, photographs, software, data instruction packets, graphics, illustrations, artwork, video, music, sound, and any other contents of the Website.
Intellectual Property.
You acknowledge and agree that ORMA or its third party licensors own the Materials and all copyrights and all other right, title and interest in and to the Materials, and you agree not to challenge, directly or indirectly, ORMA's ownership (or that of its licensors) in and to the Materials. Nothing contained on the Website or in these Terms of Use should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any name, logo, trademark or service mark displayed on this Website without the written permission of ORMA or such third party that may own the Trademark displayed on this Website, and you may not use any name, logo, trademark, or service mark contained on this Website without prior written approval by ORMA. Except as expressly permitted in these Terms of Use, you may not copy, display, distribute, perform, create derivative works of, or otherwise use any Materials. You shall not use the Materials or the Website in any manner that violates the law or the rights of any other person or entity.
Submissions.
Any information you transmit to the Website by electronic mail or otherwise is non-confidential and nonproprietary. You agree that any such information that you submit, including but not limited to proposals, creative works, inventions and suggestions, is the property of ORMA and may be used without limitation by ORMA for any purpose without any compensation whatsoever to you.
Online Community
ORMA may offer opportunities to participate in an online forum, blog or other service in which your comments are available to other visitors to the Website. If you participate in such a forum, blog or other service (collectively, the “Online Community”), your conduct should be guided by common sense and basic etiquette. Any opinions, advice, statements, or other information that constitutes part of the content expressed or made available by third parties on the Online Community are those of the respective authors or producers and not of ORMA. ORMA may review and delete any content, in whole or in part, that in the sole judgment of ORMA violates the Terms of Use or which might in ORMA’s sole discretion be offensive, illegal, or injurious to third parties or violative of their rights, but ORMA is under no obligation to do so. You agree that you are responsible for any posts that you make, and for any consequences thereof. To further these common goals when posting any material to any Online Community, including without limitation, any statement or other content, or otherwise participating in the Online Community, you agree not to:
- Post and/or transmit any material that is unrelated to the subject matter of the Online Community;
- Violate the rights of ORMA or any third party (including rights of privacy and publicity);
- Post and/or transmit any material that is or deemed by ORMA to be defamatory, libelous, false, misleading or inaccurate, obscene, pornographic, indecent, abusive, vulgar, violent, bigoted, illegal, racially offensive, hateful, harassing, profane, sexually oriented, threatening, offensive, invasive of personal privacy or sexually graphic or explicit;
- Post and/or transmit information that promotes or facilitates illegal activities or piracy;
- Post and/or transmit any material (i) that you don’t have the right to post or transmit under applicable law, including copyright, trademark, trade secret or securities laws, or (ii) in violation of your obligations to any third party, including nondisclosure agreements;
- Post and/or transmit without authorization people’s private and confidential information such as credit card numbers, social security numbers, and driver’s and other license numbers; or
- Falsely state or otherwise misrepresent you affiliation with a person or entity.
Use of the Online Community may require you to register and you may be asked to select a password and user ID in order to participate. Do not use your name or any string of letters similar to your name as a password or user ID. Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution. You agree to maintain the confidentiality of your password and account, and you agree that you are fully responsible and accountable for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security. We reserve the right to take any and all action, as we deem necessary or reasonable, to help ensure the security of the Website and any Website account, including without limitation terminating such account, or requesting additional information to authorize transactions on such account.
We reserve the right to investigate and take legal action against anyone who, in our sole discretion, violates the restrictions set forth in this Agreement, including without limitation removing any offending information or material and terminating your access to the Online Community.
Disclaimer; and Limitation of Liability
The Website and the Materials are made available to you on an AS is basis, and with all faults, and without any warranties of any kind, whether express or implied. ORMA and its suppliers and licensors, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. Under no circumstances shall ORMA and/or its suppliers and licensors be liable to you for any Direct or indirect loss or damages whatsoever, including but not limited to loss or damages for work stoppage or interruption, for liability or injury to third persons, or for economic, incidental, indirect, consequential, special or punitive damages (including but not limited to any damages for any loss of business, data, goodwill, profits, savings, or software) resulting in any way from your or any other person's use or inability to use the Website or the Materials, whether based on warranty, contract, tort, or any other legal theory, and whether or not ORMA is advised of the possibility of such damages. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE AND MATERIALS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH IN THIS PARAGRAPH, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE AS APPLICABLE TO YOU, THEN THE AGGREGATE LIABILITY OF ORMA UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE LOWEST AMOUNT ALLOWED BY LAW.
Third Party Sites.
The Website may contain links to third party websites, but such links are provided solely as a convenience to you. ORMA is not responsible for the content of linked third-party sites and does not endorse, support, or make any representations or warranties regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party websites, you do so at your own risk.
Indemnification.
You agree to defend, indemnify, and hold harmless ORMA, its parents, affiliates and subsidiaries and their officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your negligence, unauthorized use of the Materials or from your breach of these Terms of Use.
Dispute Resolution.
These Terms of Use shall be governed by and construed in accordance with the internal laws of the State of California without regard to its conflicts of laws principles. In the event of litigation initiated by you or ORMA, you agree to submit irrevocably to the exclusive jurisdiction of the state and federal courts located Santa Clara County, CA and you agree not to raise any objections to the venue of such courts. The parties agree that in the event of any suit or proceeding brought by one party against the other, the party prevailing therein shall be entitled to payment from the other party hereto of its reasonable attorney's fees.
Digital Millennium Copyright Act Notice Policy.
We respect the intellectual property rights of others, and ask you to do the same. It is our policy to terminate the access privileges of those who are repeat infringers of the copyright rights of others. If you believe that your work has been posted on the Website in a way that constitutes copyright infringement, please contact the Designated Copyright Agent at the address below and provide the following information in writing: (i) identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (ii) identification of the material that you claim is infringing (including sufficient information so that ORMA may locate the material on the Website, such as the URL where such material may be found on the Website); (iii) your street or mailing address, telephone number, and, if available, email address; (iv) an affirmation (if true) that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (v) an affirmation (if true) that the above information in the notice is accurate and, under penalty of perjury, a statement that you are the copyright owner, or authorized to act on behalf of the owner of the copyright or of the exclusive right under the copyright allegedly infringed; (vi) an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed:
ORMA’s designated agent for notice of copyright infringement is as follows:
Name/position: Brent Franson
ORMA.
Address: 2694 Middlefield Road, Building A
Telephone Number: 415-692-4814
Fax: 650-456-2277
Email address: copyright@orm-association.com
Termination.
ORMA may terminate your use or rights to access to any or all portions of the Website and the Materials for any reason at all. Any section of these Terms of Use which by its terms and nature indicate that it survives termination shall survive termination.
Assignment.
ORMA may assign its rights and duties under these Terms of Use to any party without notice to you. Your rights and duties under these Terms of Use are not assignable by you without consent of ORMA.
Severability.
If any provision of these Terms of Use is found to be invalid by any court or tribunal having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
Waiver.
No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.