(C) Changes to Site. Data-Orchid may change or discontinue any aspect, service or feature of the Site at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use.
(E) Equipment. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Site and all charges related to the same.
2. Copyright Ownership.
The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are copyrighted as a collective work under the United States copyright laws. Data-Orchid owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Data-Orchid and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
3. Third Party Content.
Data-Orchid may provide access to certain content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of the Site, are those of the respective author(s) or distributor(s) and not of Data-Orchid. Neither Data-Orchid nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 5 below for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the third-party content available through the Site represents the opinions and judgments of the information provider not under contract with Data-Orchid. Data-Orchid neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by any third party. Under no circumstances will Data-Orchid be responsible or liable, directly or indirectly, for any loss or damage caused by your use or reliance on information obtained through the Site. Data-Orchid is not responsible for any actions or inaction on your part based on the information that is presented on the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
4. Advertisements and Promotions.
Data-Orchid may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Data-Orchid, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Data-Orchid is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
5. Disclaimer of Warranty; Limitation of Liability.
THE SITE, APPLICATIONS/SERVICES, INCLUDING ALL INFORMATION, SURVEYS, CONTENT, MATERIAL, COMMENTARY AND APPLICATIONS/SERVICES MADE AVAILABLE ON OR THROUGH THE APPLICATIONS/SERVICES, ARE PROVIDED “AS IS”. Data-Orchid DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION WITH ANY INFORMATION, CONTENT, MATERIAL, COMMENTARY, SURVEYS, PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE APPLICATIONS/SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY USER CONTENT. FURTHER, Data-Orchid HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Data-Orchid DOES NOT WARRANT THAT THE TOOLS, TECHNOLOGY OR FUNCTIONS CONTAINED IN THE APPLICATIONS/SERVICES OR ANY CONTENT, MATERIAL, COMMENTARY, INFORMATION AND/OR SERVICES CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE APPLICATIONS/SERVICES AND MAKE THE APPLICATIONS/SERVICES AVAILABLE WILL BE CORRECTED OR THAT THE APPLICATIONS/SERVICES AND/OR THE SYSTEMS AND/OR THE SERVER(S) THAT SUPPORT THE APPLICATIONS/SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Data-Orchid DOES NOT PROVIDE ACCESS OR CONNECTION TO THE INTERNET AND IS NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OR OMISSIONS OF THIRD PARTIES THAT INTERFERE WITH, LIMIT, RESTRICT OR PREVENT ACCESS OR CONNECTION TO, OR USE OF, THE APPLICATIONS/SERVICES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THIS LIMITATION OF LIABILITY PROVISION APPLIES TO NEW JERSEY RESIDENTS.Data-Orchid disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing the Site, you acknowledge and agree to Data-Orchid’s disclaimer of any such liability. If you do not agree, you should not access or use the Site.
You agree to defend, indemnify and hold harmless Data-Orchid, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Site by you. Data-Orchid reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide Data-Orchid with such cooperation as is reasonably requested by Data-Orchid.
Data-Orchid, its parent, subsidiaries and affiliates, own all rights to their logos and trademarks used in connection with the Site. All other logos and trademarks appearing on the Site are the property of their respective owners.
9. Copyrights and Copyright Agent.
Data-Orchid respects the rights of all copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Data-Orchid’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have 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;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact the complaining party.
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact:
For any questions or requests other than copyright issues or licensing requests, please contact data-orchid.com
10. Governing Law.
Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site shall be governed by and construed exclusively in accordance with the laws and decisions of the State of New York applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions.
Neither Data-Orchid nor you shall be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, terrorism, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.