This Agreement ("Agreement") is by and between Ortech Consulting Inc., ("Ortech") a Florida corporation and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Ortech software (Software) and services (Services) and explains Ortech's obligations to You and Your obligations to Ortech in relation to the Software and Services You purchase. This Agreement as well as any additional Ortech policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and Ortech concerning Your use of Ortech's Software and Services, and supersede and govern all prior proposals, agreements, or other communications. All Ortech policies and agreements specific to particular Software and Service are incorporated herein and made part of this Agreement. By purchasing Ortech's Software or Services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which Ortech may establish from time to time, and any agreements that Ortech is currently bound by or will be bound by in the future. In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with Ortech, whether or not the transactions were in Your behalf.
You agree that Ortech may modify this Agreement and the Services from time to time. You agree to be bound by any changes Ortech may reasonably make to this Agreement when such changes are made. If You have purchased Services or Software from Ortech, the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the Software or Services.
You understand that by using the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate data and to have your personally identifiable information collected, used, transferred to and processed in the United States.
Each staff member authorized to access Your account must have a unique login account – a single login shared by multiple staff is not permitted.
You agree You are entirely responsible for maintaining the confidentiality of Your account number, password, credit card number, and multiple users' logins (collectively, the "Account Access Information"). You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify Ortech immediately of any unauthorized use of Your account or any other breach of security. You agree Ortech will not be liable for any loss that You may incur as a result of someone else using Your Account Access Information, either with or without Your knowledge. You further agree You could be held liable for losses incurred by Ortech or another party due to someone else using Your Account Access Information. For security purposes, You should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to Your Account Access Information. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. Ortech specifically disclaims liability for any activity in Your account, whether authorized by You or not.
You will be billed the first of every month after any trial period has expired. In the event Your trial period ends before the first of the month, You will be billed on a pro-rated basis.
A valid credit card is required for accounts after your trial period has expired. Trial accounts are not required to provide a credit card number during the sign up process. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
FAILURE TO MAKE PAYMENTS ON TIMELY MANNER WILL RESULT IN ACCESS TO YOUR ACCOUNT BEING SUSPENDED UNTIL YOU BRING YOUR ACCOUNT CURRENT. ONCE YOUR ACCOUNT ACCESS IS SUSPENDED, IT MAY TAKE UP TO 24 HOURS TO REINSTATE ACCESS.
The account holder is responsible for canceling Your account, and can cancel by contacting Ortech directly. Once Your account is cancelled, You will lose access to all of your content. We preserve the right to delete all such content in the normal course of operation. This content cannot be recovered once Your account is cancelled. If You cancel Your account before the end of your current paid-up subscription period, cancellation will take effect immediately and You will not be charged again.
Regardless of your billing cycle, there are no refunds or credits for partial months of service or refunds for unused time if you close your account before the end of your subscription period. No exceptions will be made in order to treat everyone equally.
This Website contains material, such as software, text, graphics, images, video, audio and other material (collectively referred to as “Content”). The Content may be owned by Ortech or may be provided by others, including other users of the Website, our service providers and their partners, sponsors, or affiliates. The Content is protected by copyright, patent, trademark, and other proprietary rights under both United States and foreign laws and may not be modified or altered in any way. Any copying, redistribution, use or publication by you of any such content or any part of the Website is prohibited, except as expressly permitted in this TOU. Under no circumstances will you acquire any ownership rights or other interests in any content by or through your use of the Website.
The information available on or through this Website is the property of Ortech, or its licensors, and is protected by copyright, trademark, and other intellectual property laws. Users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any information available on or through this Website for commercial or public purposes. Users may not use the trademarks, logos and service marks for any purpose including, but not limited to use as “hot links” or meta tags in other pages or sites on the World Wide Web without the written permission of Ortech or such third party that may own the mark. ZoomScheduler is trademark of Ortech. Other product and company names mentioned on this Site may be trademarks of their respective owners.
In the cases where a thrid-party tool is needed to a fullfil a feature request, You agree to incur 100% of the cost of any such third-party tool.
You may choose to, or we may invite you to, submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Ortech under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Ortech does not waive any rights to use similar or related ideas previously known toOrtech, or developed by its employees, or obtained from sources other than you.
As a condition of your use of the Website, you will not use the Website Features for any purpose that is unlawful or prohibited by these TOU. You agree not to modify, move, add to, delete or otherwise tamper with the information contained this Website, reverse engineer, break into the Website or gain unauthorized access to any parts of the Website, or use materials, products or services in violation of any law. By using the Site, you represent and warrant that you are 18 years of age or older. The use of this Site is at our discretion and we may terminate your use of this Site at any time.
Links to external websites are provided solely as a convenience to you and not as an endorsement by us. The content of such external websites is developed and provided by others thus we cannot accept any responsibility or liability.
You agree to defend, indemnify, and hold us and our partners, service providers, employees, and affiliates, harmless from and against any liability, claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your violation of this TOU or use of the Website.
THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS-IS”, “AS AVALABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. WE, OUR PARTNERS, SERVICE PROVIDERS, EMPLOYEES, SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, MISTAKES OR OMISSIONS THEREIN, ANY DELAYS OR INTERRUPTIONS OF THE DATA OR SERVICES, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
UNDER NO CIRCUMSTANCES SHALL WE OR OUR PARTNERS AND SERVICE PROVIDERS BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, LITIGATION, OR THE LIKE) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT (INCLUDING THE USER CONTENT), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
We reserve the right, and you authorize us, to use and assign all information regarding site use by you and all information provided/submitted by you in any manner consistent with our Privacy Statement.
You agree that the laws of the State of Floria, without regard to conflicts of law provisions, will govern these TOU.
If any provision of this TOU is found to be invalid or unenforceable by any court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that this TOU will otherwise remain in full force and effect.
We may terminate this TOU at any time, with or without notice, for any reason.
Questions regarding this TOU should be directed to: Ortech Consulting Inc. 18503 Pines Blvd #309 Pembroke Pines, FL 33029, USA.