Welcome, and thank you for your interest in Social Catfish, LLC (“Orbitly,” “we,” or “us”) and our website at Orbitly along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you (Customer) and Orbitly regarding your use of the Service.
Please read the following terms carefully.
By clicking "I accept", or by downloading, installing, or otherwise accessing or using the service, you agree that you have read and understood, and, as a condition to your use of the service, you agree to be bound by, the following terms and conditions, including Orbitly's privacy policy (together, these "Terms")"), unless you propose separate terms which are accepted in writing. If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service.
Your use of the Service, and Orbitly's provision of the Service to you, constitutes an agreement by Orbitly and you to be bound by these terms.
Arbitration Notice. Except for certain kinds of disputes described in Section 16, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and by accepting these Terms, you and Orbitly are each waiving the right to a trial by jury or to participate in any class action or representative proceeding. You agree to give up your right to go to court to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury (see Section 16).
Orbitly Service Overview. Orbitly provides web and desktop-based tools to manage and automate workflows and with customers and prospects across multiple platforms and services.
Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at support@orbitly.io.
Third Party Services and Websites. Orbitly may provide tools through the Service that enable you to interact with and export information to third-party services, including through features that allow you to link your account on Orbitly with an account on the third-party service. You are solely responsible for maintaining your accounts on such third party services in good standing and complying with any applicable third-party terms of service and laws. By using one of these tools, you authorize Orbitly to act as your agent and to take actions on your behalf on or through the third-party services and you agree that Orbitly may transfer information to or from the applicable third-party services on your behalf and execute commands on or through such services at your direction. Third party services are not under Orbitly’s control, and, to the fullest extent permitted by law, Orbitly is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Orbitly’s control, and Orbitly is not responsible for their content.
Third Party Software. The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third Party Components under those third party licenses. General Payment Terms. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable, except as described in 5.2 below.
Price. Orbitly reserves the right to determine pricing for the Service. Orbitly will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Orbitly may change the fees for any feature of the Service, including additional fees or charges, if Orbitly gives you advance notice of changes before they apply. Orbitly, at its sole discretion, may make promotional offers with different features and different pricing to any of Orbitly’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
Refunds. Except for the refunds described in this Section 5.2, all fees are non-refundable. In connection with your account registration, Orbitly may, in its sole discretion, offer you a one-time right to a refund of fees paid for an initial period of time specified at the time of offer (a “Refund”). Refunds are subject to any terms and conditions specified upon registration. You are only eligible to receive a Refund once; registering and requesting refunds for multiple accounts is strictly prohibited. Refunds will be refunded to the payment method used to make the original purchase and may take up to 30 days to process.
Authorization. You authorize Orbitly to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Orbitly, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Orbitly may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
Subscription Service. The Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize Orbitly to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The "Subscription Billing Date" is the date when you purchase your first subscription to the Service. For information on the “Subscription Fee”, please see our Pricing page. Your account will be charged automatically on the Subscription Billing Date all applicable fees and taxes for the next subscription period. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by following the instructions on our web site or contacting us at: support@orbitly.io.
Delinquent Accounts. Orbitly may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
Limited License. Subject to your complete and ongoing compliance with these Terms, Orbitly grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service, solely for your internal business purposes.
License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Orbitly an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
Ownership; Proprietary Rights. The Service is owned and operated by Orbitly. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Orbitly are protected by intellectual property and other laws. All Materials included in the Service are the property of Orbitly or its third-party licensors. Except as expressly authorized by Orbitly, you may not make use of the Materials. Orbitly reserves all rights to the Materials not granted expressly in these Terms.
Data License. Orbitly hereby grants to Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to license to access and use the data provided to Customer for its business purposes, to display Orbitly-supplied data to Customer’s own customers (“End Users”) on Customer’s platform or within Customer’s product and to maintain Orbitly-supplied data in Customer’s database. Should the Subscription Period end, or should the Customer decline to renew their Services Agreement, or should the Customer violate any of the terms and conditions listed in this document, then Customer's license to the data specified in the Services Agreement may be revoked.
Account. To use the API, you will be asked to create an Orbitly account. As part of the account creation process, you’ll be asked to provide your name, e-mail address, and create a password. Until you register for an Orbitly account, your access to the Services will be limited to what is available to the general public. When registering for an Orbitly account, you must provide true, accurate, current and complete information about yourself as requested during the account creation process. You must keep that information true, accurate, current.
You are solely responsible for all use (whether or not authorized) of the Services under your Orbitly account, including the quality and integrity of your Customer Data and each Customer Application. You are not permitted to share your account login or API Key with any other individuals or companies, or to enable any other individuals or companies to use the Orbitly Services. You are also solely responsible for all acts and omissions of anyone who has access to or otherwise uses any Customer Application. You agree to take all reasonable precautions to prevent unauthorized access to or use of the Services and will notify us promptly of any unauthorized access or use. We will not be liable for any loss or damage arising from unauthorized use of your Orbitly account. You will be solely responsible, at your own expense, for acquiring, installing and maintaining all hardware, software and other equipment as may be necessary for you and each End User to connect to, access, and use the Services.
Account Password and Security. Customer’s account with Orbitly will provide Customer with access to the Services and the API and other functionality that Orbitly may provide from time to time. Customer shall protect its passwords and take full responsibility for Customer's own as well as any third party use of the Customer account. Customer is solely responsible for any and all activities that occur under its accounts, except for any activities performed by Orbitly as set forth herein. Customer agrees to notify Orbitly immediately upon learning of any unauthorized use of its account or any other breach of security. From time to time, Orbitly's support staff may log in to the Services under Customer’s password in order to maintain or improve the Services, including for the purpose of providing Customer assistance with technical or billing issues. Customer hereby acknowledges and consents to such access.
Services Modifications. Orbitly is constantly innovating in order to provide the best possible experience for its customers. Customer acknowledges and agrees that the form and nature of the Services that Orbitly provides may be improved from time to time without prior notice to you, including without limitation security patches, added functionality, and other enhancements. Changes to the form and nature of the Services will be immediately effective with respect to all versions of the Services.
Restrictions. Customer shall comply with, Customer shall not, and shall not contractually permit its clients to: (i) resell, sublicense, distribute or otherwise provide access to the Services, or data or information contained in or derived from the Services, to any third party or use the Services outside the scope of the license granted herein; (ii) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Services or otherwise attempt to discover any source code or trade secrets related to the Services; or (iii) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Services for any purpose without the express written consent of Orbitly.
Acceptable Data Use Policy. Customer shall comply with the Orbitly Data Use Policy (“ADUP”) at all times, posted below. Violations of the Orbitly ADUP will constitute a material breach of the Agreement.
This Acceptable Data Use Policy (“ADUP”) describes actions that Orbitly prohibits when any party uses the Orbitly Services. This ADUP is incorporated by reference into, and governed by the Services Subscription Agreement or other Services Agreements between you (Customer) and Orbitly (the “Agreement”).
Orbitly believes in companies using data for good, and that is the basis for why we have created this policy.
As such, you may not use the Orbitly Services without agreeing to this ADUP. Thus, you agree not to use, and not to encourage or contractually allow any Client or End User to use, the Orbitly Services in the following prohibited ways:
Using the Orbitly to encourage any illegal, fraudulent, abusive, or other activities.
Using the Orbitly in connection with credit granting, credit monitoring, account review, collection, insurance underwriting, employment or for any other purpose covered by the Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq ("FCRA")), Federal Trade Commission interpretations of the FCRA, and similar federal and state statutes.
Using the Orbitly Services to engage in, or in connection with fraudulent activity.
While we’ve done our best to make our ADUP complete, readable, and understandable, you may still have additional questions. We get that. So, feel free to contact our support team at team@orbitly.io.
User Content Generally. Certain features of the Service may permit users to upload content to the Service, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.
Limited License Grant to Orbitly. By providing User Content to or via the Service, you grant Orbitly a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
User Content Representations and Warranties. Orbitly disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. Orbitly may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Orbitly with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Orbitly does not permit copyright-infringing activities on the Service.
Monitoring Content. Orbitly does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that Orbitly reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Orbitly chooses to monitor the content, Orbitly still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.
By using the service you agree not to:
DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
Social Catfish, LLC
Attn: Legal Department (Copyright Notification)
Email: team@orbitly.io
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must comply include the following information:
Repeat Infringers. Orbitly will promptly terminate the accounts of users that are determined by Orbitly to be repeat infringers. Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 11, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 12.2.
Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. You may terminate your account and these Terms at any time by following the instructions on our web site or contacting customer service at support@orbitly.io.
Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate, and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Orbitly any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 6.3, 7, 12.3, 13, 14, 15, 16 and 17 will survive.
Modification of the Service. Orbitly reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Orbitly will have no liability for any change to or discontinuation of the Service or any suspension or termination of your access to or use of the Service.
Indemnity. To the fullest extent permitted by law, Either party will be responsible for its use of the Service, and such party (the "Indemnifying Party") will defend and indemnify the other party (the "Indemnified Party") and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Indemnified Party Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, finally awarded arising out of or connected with: (a) the Indemnifying Party's unauthorized use of, or misuse of, the Service; (b) the Indemnifying Party's violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) the Indemnifying Party's violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right;. The Indemnified Party reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Indemnifying Party (without limiting the Indemnifying Party's indemnification obligations with respect to that matter), and in that case, the Indemnifying Party agrees to cooperate with our defense of those claims.
The indemnifications provided in this Section are conditioned on (i) the Indemnified Party giving the Indemnifying Party a prompt written notice of such claim; (ii) the Indemnified Party providing its full cooperation in the defense of such claim, if requested by the Indemnifying Party; and (iii) the Indemnified Party not entering into any settlement or compromise in respect of such claim without Indemnifying Party's prior written consent, such consent not to be unreasonably withheld or delayed, unless the settlement includes an unconditional general release of the Indemnified Party.
The Service and All Materials and Content available through the Service are provided As Is and on an As Available basis. Orbitly disclaims all warranties of any kind, whether express or implied, relating to the service and all materials and content available through the service, including: (A) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (B) any warranty arising out of course of dealing, usage, or trade. Orbitly does not warrant that the Service or any portion of the Service, or any Material or Content offered through Service, will be uninterrupted, secure, or free of errors, virus, or other harmful components, and Orbitly does not warrant that any of those issues will be corrected.
No advice or information, whether oral or written, obtained by you from the Service or Orbitly Entities or Any Material or Content available through the Service will create any warranty regarding any of the Orbitly Entities or the Service that is not expressly stated in their terms. We are not responsible for any Damage that may result from the Service and your dealing with any other service user. You understand and agree that you use any portion of the Service at your own discretion and risk, and that we are not responsible for any damage to your property (including your computer system or mobile device used in connection with the service) or any loss of data, including user content.
The Limitations, Exclusions and Disclaimers in this Section apply to the fullest extent permitted by the law. Orbitly does not disclaim any warranty or other right that Orbitly is prohibited from disclaiming under applicable law.
To the fullest extent permitted by law, in no event will the Orbitly Entities be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the service or any Materials or Content on the Service, whether based on warranty, contract, tort (including negligence), statue or any other legal theory, and whether or not any Orbitly Entity has been informed of the possibility of damage.
Except as provided in Section 16.4 and to the fullest extent permitted by law, the aggregate liability of the Orbitly Entities to you for all claims arising out of or relating to the use of or any inability to use any portion of the Service or otherwise under these Terms, whether in contract, tort, or otherwise, is limited to the greater of: (A) the amount you have paid to Orbitly for access to and use of the Service in the 12 months prior to the event or circumstance giving rise to claim; or (B) $100.
Each provision of these Terms that provides for a Limitation Of Liability, Disclaimer Of Warranties, Or Excursion OF Damages is intended to and does allocate the risks between the parties under these Terms. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these Terms. The limitations in the Section 15 will apply even if any limited remedy fails of its essential purpose.
DISPUTES OR CONTROVERSIES BETWEEN YOU AND THE COMPANY (including disputes against any agent employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other), ITS PARENTS, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES, relating to our Website, the SERVICES AND MATERIALS published by the Company on or through the Website, any transaction or relationship between us resulting from your use of our Website, communications between us, or the purchase, order, or use of our MEMBERSHIP PLANS, the information provided in connection with our background information services, and your use of our background information services, INCLUDING, WITHOUT LIMITATION, TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY THE FINAL AND BINDING ARBITRATION PROCEDURES SET BELOW.
THE PARTIES ACKNOWLEDGE AND AGREE THAT ANY SUCH CLAIMS SHALL BE BROUGHT SOLELY IN THE PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY A CALIFORNIA STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA").
(b) Any party that intends to make a claim shall first notify the opposing party in writing of such intention and shall describe in such notice, with reasonable particularity, the nature and basis of such claim, and the total amount of the claim. Within thirty (30) days of receipt of such notice, the party receiving notice of a claim shall provide a written response which, with reasonable particularity, sets forth its position concerning the claim. If the parties are unable to resolve the dispute arising from the claim by good faith negotiations to be conducted within the thirty (30)-day period following the written response, either of them may initiate binding arbitration pursuant to the terms and conditions set forth below.
(c) In the event a party elects to proceed with binding arbitration, it shall provide written notice thereof to the other party by registered or certified mail. The arbitration shall be conducted by Judicate West and shall be conducted using the then current Judicate West commercial rules and regulations (except as varied by this agreement). The arbitration shall take place in San Diego, CA, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses). Payment of all filing, administration, and arbitrator fees will be governed by Judicate West's rules.
The arbitration panel shall consist of one arbitrator chosen in accordance with the rules of Judicate West. Any such arbitrator shall be knowledgeable in the subject area in which the dispute arises. The arbitration award shall be in writing and the arbitrator shall provide written reasons for the award. The award of the arbitrator shall be final and binding on the parties hereto and may be enforced in any court of competent jurisdiction. In no event shall the arbitrator award punitive or exemplary damages. The parties waive any right they may have to an appeal of the arbitrator’s decision and/or award.
If for any reason Judicate West is unavailable, the parties shall mutually select another arbitration forum (or if an agreement cannot be reached the parties may proceed with the American Arbitration Association under its Consumer Arbitration Rules).
(d) BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award.
Each party retains the right to seek judicial assistance: (i) to compel arbitration, (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information; (iv) for any claims of infringement or misappropriation of IAC’s patent, copyright, trademark, or trade secrets; and (v) to enforce any decision of the arbitrator, including the final award.
(e) Separate and apart from the agreement to arbitrate set forth above, the parties hereby independently waive any right to bring or participate in any class action in any way related to, or arising from, this agreement. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST THE COMPANY, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING AND NOT USE OUR WEBSITE OR MEMBERSHIP PLANS.
Enforceability. If Section 16.6 is found to be unenforceable or if the entirety of this Section 16 is found to be unenforceable, then the entirety of this Section 16 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 17.2 will govern any action arising out of or related to these Terms.
General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Orbitly regarding your use of the Service and supersedes all prior or contemporaneous communications and proposal,whether electronic, oral or written between you and Orbitly with respect to thiswebsite and services offered herein. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Orbitly submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Riverside County, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
Privacy Policy. Please read the Orbitly Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The Orbitly Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
Contact Information. The Service is offered by Social Catfish, LLC, 38770 Sky Canyon Drive STE A, Murrieta, CA 92563. You may contact us by sending correspondence to that address or by emailing us at support@orbitly.io.
Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
Notice Regarding Apple. This Section only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Orbitly only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Last Update: February 24, 2021