TERMS OF SERVICE
Effective October 21, 2020
These Terms of Service (the “Terms”) govern your access to and use of the website, services, and associated software (the “Services”) of Team Orb Connect, Inc (“Connect”). By using the Services, you agree to be bound by these Terms.
1. THE SERVICES
Connect will provide the Services and any updates made available during the period of your use of the Services. Connect may, at its sole discretion, discontinue or modify the Services, or any feature of the Services, without prior notice. The Services have minimum system requirements, which are listed on its website. An active internet connection is required to use the Services.
2. YOUR USE
The Services may only be used in accordance with these Terms. You are solely responsible for your use of the Services, and shall abide by and ensure compliance with all laws and regulations.
a. You are solely responsible for any content you upload to or transmit through the Services. Under no circumstances is Connect liable for any content you upload or transmit through the Services or for any loss or damages related to any content uploaded to or transmitted through the Services.
b. You are responsible for compliance with all laws governing recording of audio. Connect does not record any audio transmitted through the Services.
c. You agree not to reproduce, resell, or distribute the Services or any derivative data for any purpose unless specifically authorized in writing by Connect.
d. You are solely responsible for your conduct in using the Services. You agree not to use the Services: (1) to engage in illegal or fraudulent activities; (2) to engage in any harassing, threatening, indecent, or tortious activity; (3) in any way that infringes on the intellectual property rights of any other party; (4) in any way intended to disrupt, interfere, or negatively affect the network or servers maintained by Connect; or (5) to modify, disassemble, decompile, reverse engineer, or in any way attempt to gain access to the source code of the Services.
e. You may be required to provide information about yourself in order to use or register for the Services. You agree that any such information will be accurate. You will be required to create a username and password. You are solely responsible for the security of your username and password, and you agree to not provide them to any third party.
3. YOUR RESPONSIBILITIES
You are responsible for your use of the Services. If you provide access or accounts to individuals to use the Services, you are responsible for their use of the Services. You agree that any individual to whom you provide access to accounts to use the Services agrees to be bound by these Terms.
Connect collects personal data related to account creation. Connect may use any personal information or related data, including but not limited to usage statistics, in order to improve the Services. Connect will not sell your information to third parties. Conversations using the Services are end-to-end encrypted, and Connect will take reasonable actions to notify you if it determines that there was unauthorized access. Connect is not liable for any loss or damages related to access to any data or content uploaded or transmitted through the Services.
Connect retains ownership and all proprietary rights in the Services, including but not limited to, all copyrights, trademarks, names, logos, and domains associated with the Services. You may not post, distribute, or modify any material subject to the rights of Connect without express written authorization from Connect.
6. CHARGES AND CANCELLATION
You agree that Connect, or a third party retained by Connect, may charge your credit card for all amounts owing for your use of, including use by individuals to whom you provided access to or accounts to use, the Services, including all associated taxes and fees. Connect may change the amounts it charges for the Services, including charging for features that were previously free, provided that Connect will first give you at least thirty (30) days notice via email at the email address on file with Connect of any amount change and give you the option to cancel if you do not agree to the amount change. You agree that if Connect is unable to collect amounts due for the Services, it may pursue other means to collect outstanding amounts and you will be responsible for any costs associated with the collection efforts, including court costs and attorneys’ fees. You may cancel the Services at any time, and the Services will continue until the end of the current billing period. If you cancel, you will not be entitled to a refund for any Service already paid for.
Paid accounts will autorenew unless terminated. Instructions for terminating your account are posted on Connect’s website. Such termination will be effective after the close of the current billing period. If you are not satisfied with the Services, your sole remedy is termination of your account. Connect may terminate your account at any time if it determines you violated these Terms, and you will not be entitled to a refund of any fees paid.
THE SERVICES ARE PROVIDED AS IS. CONNECT EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CONNECT MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING YOUR USE OF THE SERVICES. CONNECT DOES NOT WARRANT THAT THE SERVICES ARE SECURE, UNINTERRUPTED, OR WITHOUT ERROR. YOUR USE OF THE SERVICES IS AT YOUR SOLE DISCRETION, AND YOU ASSUME ALL RISK ARISING OUT OF YOUR USE OF THE SERVICES.
9. LIMITATION OF LIABILITY
CONNECT WILL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES TO ANY PARTY, FOR ANY LOSS, DAMAGE, INJURY OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR INABILITY TO USE THE SERVICES. CONNECT’S MAXIMUM LIABILITY, AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIM RELATED TO THE SERVICES IS LIMITED TO THE AMOUNTS ACTUALLY PAID BY YOU IN THE ONE YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM FOR DAMAGES. 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.
You agree to defend, indemnify, and hold harmless Connect, its officers, directors, employees, consultants, and agents from all third-party claims, liabilities, damages, and attorneys’ fees arising out of your use of the Services.
You agree to resolve any disputes on an individual basis, and expressly waive any right to bring any action, litigation, or proceeding as a collective class. You agree to resolve all disputes through arbitration adhering to the American Arbitration Association’s Commercial Arbitration Rules before a single arbitrator. A court of competent jurisdiction may enforce any arbitration award or the prohibition on collective actions.
If you are aware of any use of the Services that is in violation of applicable law or regulation, or in violation of these Terms, please notify Connect through its website. Connect may investigate any reports and take any action it determines appropriate, including taking no action. Connect may refer any actions that it determines does or may violate any law or regulation to the appropriate law enforcement agency.
13. CHOICE OF LAW
These Terms are governed and interpreted by the laws and courts of the State of Texas, without giving effect to conflict of laws, rules, or principles. Jurisdiction rests exclusively in the courts serving in Travis County, Texas, and federal courts in the Western District of Texas.
Connect may amend or supplement these Terms at its sole discretion. Connect will provide notice of any changes to these Terms by posting the amended or supplemented Terms on its website. Within ten (10) days of posting changes to these Terms, they will be binding on you. If you do not agree to the changed Terms, then you must stop using the Services. If you continue to use the Services after ten (10) days of the changed Terms being posted, you will be deemed to have accepted the changed Terms.
15. ENTIRE AGREEMENT, SEVERABILITY, AND WAIVER
These Terms are the entire agreement between you and Connect. If a separate written agreement has been entered, then that written agreement will control to the extent there is any conflict with these Terms. The invalidity or unenforceability of any provision of these Terms will not affect any other provision, all of which will remain enforceable. Failure to enforce any provision of these Terms will not be considered a waiver of any rights under these Terms.
16. HAVE FUN
Connect wants you to have fun using the Services. You agree to try to have fun in your use of the Services.