Terms and Conditions of Website Use
1. ACCEPTANCE OF TERMS
Orbital Insight may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Sites or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Sites after we have posted modified Terms on the Sites, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Sites anymore. Because our Sites are evolving over time we may change or discontinue all or any part of the Sites, at any time and without notice, at our sole discretion.
3. CONTENT OWNERSHIP AND USAGE RIGHTS
Orbital Insight and its licensors exclusively own all worldwide right, title and interest in and to the Sites, including all intellectual property rights therein, including but not limited to, trademarks, the “look and feel” of the Sites, its color combinations, layout, and all other graphical elements, and the copyright in and to its original content. You should assume that everything you read or see on the Sites is copyrighted or otherwise protected and owned by Orbital Insight or a third party who licensed the right to use such content to Orbital Insight. Unless otherwise noted, nothing that you read or see on the Sites or other website content, or any of the source code or HTML code that Orbital Insight uses to generate the Sites may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use or otherwise without the prior written consent of Orbital Insight, except as expressly provided in these Terms or to the extent such restrictions are prohibited by law.
5. GENERAL PROHIBITIONS AND ORBITAL INSIGHT’S ENFORCEMENT RIGHTS
You agree not to do any of the following: Access, tamper with, or use non-public areas of the Sites, Orbital Insight’s computer systems, or the technical delivery systems of Orbital Insight’s providers; Attempt to probe, scan or test the vulnerability of any Orbital Insight’s systems or networks or breach any security or authentication measures; Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Orbital Insight or any of Orbital Insight’s providers or any other third party (including another user) to protect the Sites; Attempt to access or search the Sites through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Orbital Insight or other generally available third-party web browsers; Use any meta tags or other hidden text or metadata utilizing a Orbital Insight trademark, logo URL or product name without Orbital Insight’s express written consent; or Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Sites. Although we’re not obligated to monitor access to or use of the Sites, we have the right to do so for the purpose of operating the Sites, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We have the right to investigate violations of these Terms or conduct that affects the Sites. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
6. LINKING AND FRAMING
Orbital Insight does not object to links on third-party sites to our homepage of the Sites in an appropriate context. However, “framing” or “mirroring” the Sites or any of its content is prohibited without the prior consent of Orbital Insight. The Sites may provide links to other websites or resources available on the Internet. Because Orbital Insight has no control over such websites and resources, you acknowledge and agree that Orbital Insight is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that Orbital Insight shall not be liable, directly or indirectly, for any damage or loss caused or alleged by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource.
7. ELECTRONIC COMMUNICATIONS
We use reasonable security measures and take reasonable system, process, and administrative precautions to protect the security and integrity of email and other electronic communications that you may send us. Despite all of these precautions, no method of transmission over the Internet is entirely secure and we cannot guarantee the confidentiality or security of the electronic communications or its contents. You transmit such information at your own risk and you should decide which information you would like to send us via any electronic communications.
We may terminate your access to and use of the Sites, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of the Sites, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
9. WARRANTY DISCLAIMERS
The statements, content or information contained on the Sites provide general information about us and our products and are presented for informational purposes only. The content or information on the Sites at times may become out of date or include omissions or other errors. We may change the information provided on the website at any time without notice. Orbital insight Sites are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. We make no warranty that the Sites will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any content or information on the Sites.
10. LIMITATION OF LIABILITY
Neither Orbital Insight nor any other party involved in creating, producing, or delivering the Sites will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with these terms or from the use of or inability to use the Sites, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Orbital Insight has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. In no event will Orbital Insight’s total liability arising out of or in connection with these terms or from the use of or inability to use the Sites exceed fifty dollars ($50). The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Orbital Insight and you.
11. GOVERNING LAW & DISPUTE RESOLUTION
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The parties expressly consent to personal and exclusive jurisdiction in the federal and state courts located in Washington.
The Terms constitute the entire and exclusive understanding and agreement between Orbital Insight and you regarding the Sites, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Orbital Insight and you regarding the Sites. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Orbital Insight’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Orbital Insight may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications provided by Orbital Insight under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Sites. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Orbital Insight’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Orbital Insight, except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Sites, please contact Orbital Insight at firstname.lastname@example.org.
Last revised November 13, 2018