Terms of Use

Please read Orglow, Inc. Terms of Use regarding our Website and Services

Overview

By using the Orglow.com web site (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Use”). Orglow.com reserves the right to update and change the Terms of Use at any time without notice. Any new features added to the Service shall be subject to the Terms of Use. Continued use of the Service after any such changes shall constitute your consent to such changes.

Description

Orglow.com is a Software as a service (SaaS) that helps individuals, entrepreneurs, self employed, small business owners and professionals track their business documents in a safe and secure cloud based computing system. These documents are placed into a customized workflow system that enables the users to assign these documents to collaborators that could be your outside service providers. Collaborators could be employees, accountants, attorneys, bankers and agents that help track income and expenses, compliancy with regulatory agencies. With Orglow you can increase efficiency, increase profitability while having the ownership and access to your documents anytime and anywhere in a very secure environment.

Conditions of use:

Your use of the Service is subject to the following conditions. Violation of any of the conditions below may result in the immediate termination of your account from Orglow.

  • You must be 13 years or older to use this Service. If you are under 13 and running your own business, number one – Congratulations’; number two, please get a parent or a guardian to manage the account for you.
  • Only human beings are allowed to use the Service. No accounts created by bots, scripts, other automated methods or alien life forms are permitted.
  • You are solely responsible for maintaining the security of your login information. Orglow will not be liable for any loss or damage from your failure to secure your login information.
  • You understand and accept that use of this Service is at your own risk.
  • You understand and accept that the Service is provided on an AS IS and AS AVAILABLE basis.
  • You understand and accept that Orglow does not warrant that the service:

    • Is always available. We will do our best to keep the service up and running, but we cannot guarantee 100% uptime.
    • Is free of bugs or other defects. Again, we will do our best to fix issues as they are identified, but we can’t guarantee that the software runs perfectly. We do, however, aspire to have it run better than the most comparable systems on the market today.
    • Is 100% secure. However, we do use industry standard security measures to protect your information. For example, all account passwords are stored in an encrypted format that even the development team at Orglow cannot access.
  • Use of this service to generate or distribute unsolicited email is not only forbidden, but it would result in immediate legal proceedings.
  • You are responsible for all Content posted and activity that occurs under your account.
  • You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • Any form of abuse or intimidation (written, verbal, physical, implied or otherwise) is strictly prohibited.
  • You may not modify, adapt or hack the Service.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Orglow.com
  • You expressly understand and agree that Orglow.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  • The failure of Orglow to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Orglow and govern your use of the Service, superseding any prior agreements between you and Orglow (including, but not limited to, any prior versions of the Terms of Service).

Your Registration Obligations

We provide the Services for your personal use. You may not use the Services to conduct business without a separate written contract with Orglow Inc. To obtain and use the Services, you will be required to register with Orglow Inc., by completing a registration form and designating a user ID and password. When registering with Orglow Inc., you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You may not authorize any third party to access or use the Services on your behalf. You are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify Orglow, Inc. of any unauthorized use of your user ID or password or any other breach of security. Orglow Inc., cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.

Consent to Electronic Communications and Solicitation

By registering with Orglow, Inc., you understand that we may send you communications or data from Orglow, Inc., regarding the Services, including but not limited to (i) notices about your use of the Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding Orglow, Inc., products and services, via electronic mail. We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message.

User Conduct/Acceptable Use Policy

Unauthorized use of the Orglow, Inc., service(s), or the resale of said service without our prior written consent, is expressly prohibited. You shall not copy, sell, transfer, distribute, publish, or assign your license to our services in any format to any third party. In addition, you may not use the Services in any way that violates applicable federal, state, or international law, or for any unlawful purpose. Further, you may not use the Services to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of or others.

To the extent that the Services provide Users an opportunity to store and exchange information, materials, data, files, programs, ideas and opinions (“User Content”), you hereby represent and warrant that you have all necessary rights in and to all User Content you provide and all information contained therein. By registering to use the Services, you understand and acknowledge that Orglow, Inc., and its contractors retain an irrevocable, royalty-free, worldwide license to use, copy, and publicly display such content for the sole purpose of providing to you the Services for which you have registered. In the event that you give Orglow, Inc., the right to distribute your content, additional terms may apply to Orglow, Inc., usage or distribution of this content. You continue to retain all ownership rights in any User Content you provide and shall remain solely responsible for your conduct, your User Content, and any material or information transmitted to other Users for interaction with other Users. Orglow, Inc., does not claim any ownership rights in any User Content.

Content posted by Users and other non-Orglow, Inc., contributors are generally not reviewed by Orglow, Inc. Orglow, Inc., shall have the right, but not the obligation, to reject, refuse to post, or otherwise monitor all content displayed by users, and may remove or require users to remove all content that Orglow, Inc., in its sole discretion, deems to be (a) inconsistent with Orglow, Inc., strategic mission and vision (including but not limited to content that contains undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence or prejudicial content) and/or these Terms of Use; or (b) possibly in violation of applicable law. In addition, Orglow, Inc., has the right to remove any content if Orglow, Inc., has reason to believe that displaying such content may infringe the rights of a third party or subject Orglow, Inc., to expense or liability. Please notify us by e-mailing info@orglow.com regarding any content that you believe might violate applicable law or your intellectual property rights or contain undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence, prejudicial content, or content that is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.

Orglow, Inc., reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit Orglow, Inc., response to a future complaint. You acknowledge and agree that Orglow, Inc., shall not assume or have any liability for any action or inaction by Orglow, Inc., with respect to any User Content.

Orglow, Inc., reserves the right, in its sole discretion, to deactivate and/or require a change of name for any user Vanity URL or Email for any reason or for no reason. Orglow, Inc., may exercise such right at any time, with or without prior notice. Upon receipt of notice from Orglow, Inc., of its decision, subscriber will immediately provide Orglow, Inc., with a replacement name for the Vanity URL or Email acceptable to Orglow, Inc., or the Vanity URL or Email will be canceled. Without limiting the generality of Orglow, Inc., discretion, among the reasons Orglow, Inc., may determine a Vanity URL or Email is unacceptable are abuse of the feature, violation of any of these terms of service, infringement or potential infringement on third party intellectual property rights such as trademark or copyright, misrepresentation, or failure to pay pursuant to the terms of any service agreement.

Additionally, Orglow, Inc., reserves the right, without limitation, to terminate your access to and use of the Site and Services if, in our view, your conduct fails to meet any of the following guidelines for User conduct:

  • You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes, the Orglow, Inc., Site, computer systems and network, or the Services.
  • You may not attempt to interfere with any other person’s use of the Services.
  • You may not misrepresent your identity or impersonate any person.
  • You may not attempt to gain access to any account, computers or networks related to the Services without authorization.
  • You may not attempt to obtain any data through any means from the Services, except if we intend to provide or make it available to you.
  • You may not attempt to charge others to use the Services either directly or indirectly.
  • You may not use the Services to participate in pyramid schemes or chain letters.
  • You may not use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications or unsolicited commercial e-mail or communications.
  • You may not use the Services for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights of others.
  • You may not use the Services to send or otherwise make available, any material protected by intellectual property laws unless you own or control the rights to such material or have received all necessary consents.
  • You may not use the Services to send or otherwise making available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another’s computer or property.
  • You may not use the Services to download any material sent by another User of the Services that you know, or reasonably should know, cannot be legally distributed in such manner.
  • You may not use the Services to violate any code of conduct or other guidelines, which may be applicable to the Services or the Site.
  • You may not use the Services to harvest or otherwise collecting information about others, including e-mail addresses.
  • You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by Orglow, Inc., in connection with the Orglow, Inc., Site or Services.
  • You may not use the Services in a manner that results in excessive bandwidth usage, as determined by a representative of Orglow, Inc. Use of the Services on the Site will be applied toward such bandwidth usage.

All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Orglow, Inc. Orglow, Inc., reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit Orglow, Inc., response to a future complaint. You acknowledge and agree that Orglow, Inc., shall not assume or have any liability for any action or inaction by Orglow, Inc., with respect to any User Content. Users shall remain solely responsible for User Content, and any material or information transmitted to other Users for interaction with other Users.

Intellectual Property Rights and Notices

Except for the licenses granted herein, you have no right, title or interest in or to Orglow, Inc., Services or any content. You agree that Orglow, Inc., or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to Orglow, Inc., service and content, including, without limitation, text, images, and other multimedia data.

All contents of the Orglow, Inc., Site and Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”) are: Copyright © 2010 Orglow.com, and/or the proprietary property of its suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web site or other networked computer environment) without the express prior written consent of Orglow, Inc., and/or it suppliers, affiliates, or licensors. All rights reserved.

Orglow, Inc., and the Orglow, Inc., logos are including without limitation, either trademarks, service marks or registered trademarks of Orglow, Inc., and may not be copied, imitated, or used, in whole or in part, without Orglow, Inc., prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.

Orglow, Inc., may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site that are part of the Services. Unless we have granted you licenses to our intellectual property in these terms and conditions, our providing you with such Web pages does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.

Notices and Procedure for Making Claims of Copyright Infringement

Orglow, Inc., respects copyright law and expects Users to do the same. Orglow, Inc., expressly prohibits the use of its Services for the illegal transmission of copyrighted material, and will respond if notified by content owners to disable copyrighted material from being transmitted via its Services. In addition, Orglow, Inc., may disable individual accounts if these accounts are found to be illegally transferring copyrighted material.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Orglow, Inc., Agent for Notice of claims of copyright or other intellectual property infringement (“Agent”) the written information specified below: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed upon; (3) A description of where the material that you claim is infringing is located on the Site; (4) Your address, telephone number, and e-mail address; (5) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Third Party Content, Sites and Services

All transactions using Orglow, Inc., services are between the transacting parties only. The Services may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part of the Services. However, Orglow, Inc., is not an agent of any transacting party, nor or we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. Similarly, we are not responsible for any third party content you access with the Services, and you irrevocably waive any claim against us with respect to such sites and third-party content. Orglow, Inc., shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Services, including the delivery of and payment for goods and services. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.

Modifications to the Service and pricing

Orglow reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Orglow may choose to begin charging for some or all of the Service at any time. Orglow shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

WE MAY CHANGE THE SOFTWARE AND SERVICE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF SECTIONS I AND J, THE ORGLOW, INC. PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS H AND I, ORGLOW, INC. IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE AND SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE AND SERVICES IN AN ACCURATE OR TIMELY MANNER, (4) ANY LOSS OF USER DATA, INCLUDING, WITHOUT LIMITATION, DAMAGED OR LOST USER FILES, THROUGH USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DESKTOP SOFTWARE, OR (5) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOFTWARE AND SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Privacy Policy

Orglow, Inc., has established a Privacy Policy to explain to Users how their information is collected and used, which you can read on our Site. Your use of the Services signifies acknowledgment of and agreement to the Orglow, Inc., Privacy Policy. You further acknowledge and agree that Orglow, Inc., may disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, to enforce these terms and conditions, or, in its sole discretion, to protect the rights, property, or personal safety of Orglow, Inc., its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy.

Orglow, Inc., Makes No Warranties

Orglow, Inc., is in no way liable for loss of customer data. Under no circumstances will Orglow, Inc., be held accountable for any loss of customer data. By becoming a Orglow, Inc., user you, the customer, acknowledge that you forfeit the right to hold Orglow, Inc., accountable for any and all technical errors, including loss of user files (customer data). In the event that Orglow, Inc., concludes offering data storage services, Orglow, Inc., users will receive the option to have their stored files sent to them in CD or other format selected by Orglow, Inc., Orglow, Inc., does not guarantee length of service. Orglow, Inc., intends for the information contained on its Site and Services to be accurate and reliable; however, errors sometimes may occur. In addition, Orglow, Inc., may make changes and improvements to the information provided herein at any time.

ORGLOW, INC., PROVIDES ITS SITE AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ORGLOW, INC., ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, A “ORGLOW, INC., PARTY,” AND COLLECTIVELY, THE “O PARTIES”) MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE ORGLOW, INC. PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.

Limitations of Liability

IN NO EVENT WILL ANY ORGLOW, INC., PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SOFTWARE OR SERVICE, EVEN IF SUCH ORGLOW, INC., PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION K IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY ORGLOW, INC., PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. In the event that, notwithstanding the foregoing disclaimers and indemnification, Orglow, Inc., is found responsible to any Orglow, Inc., User for any reason whatsoever, Orglow, Inc., responsibility shall be limited to the amounts actually paid by such user for Orglow, Inc., services, and shall not include punitive damages or consequential or resulting damages of any nature.

Changes to the Service; Additional Liability Limitation

WE MAY CHANGE THE SOFTWARE AND SERVICE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF SECTIONS I AND J, THE ORGLOW, INC., PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS H AND I, ORGLOW, INC., IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE AND SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE AND SERVICES IN AN ACCURATE OR TIMELY MANNER, (4) ANY LOSS OF USER DATA, INCLUDING, WITHOUT LIMITATION, DAMAGED OR LOST USER FILES, THROUGH USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DESKTOP SOFTWARE, OR (5) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOFTWARE AND SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless, Orglow, Inc., its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you. Orglow, Inc., reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Orglow, Inc., in asserting any available defenses.

Termination of Service

Orglow, Inc., reserves the right to terminate without notice your password, account or use of Orglow, Inc., Services and delete any data within Orglow, Inc., service, in our sole discretion, without cause and/or without notice. You may terminate your user account upon notice to Orglow, Inc., at any time. Upon termination by Orglow, Inc., or at your direction, you may request a file of your data, which Orglow, Inc., will make available for a fee. You must make such request at the notification of termination to receive such file within thirty (30) days of termination. Otherwise, ANY DATA YOU HAVE STORED ON ORGLOW INC., SYSTEMS MAY NOT BE RETRIEVED, and Orglow, Inc., shall have no obligation to maintain any data stored in your account or to forward any data to you or any third party.

In addition to other termination provisions, Free Users are subject to termination if: (a) the Free User does not engage in any Orglow, Inc., activity within NINTY (90) days of registration, or (b) the Basic User does not engage in any Orglow, Inc., activity for any period of 120 consecutive days. We will send you an email describing the situation and informing you that your account will be closed within seven (7) days unless you begin to use the account during that period. At the conclusion of that seven (7) day period, absent any such activity we will close the account. Any data you may have stored will be lost.

Payment of Fees; Automatic Renewal

The fees applicable for Orglow, Inc., service are available at www.orglow.com and as published within the Services. Orglow, Inc., reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email to the address you have most recently provided us). Orglow, Inc. will automatically renew the service for the same term and will charge the user’s credit card on the first day of the renewal term. If renewal was not successful by not obtaining an approval from credit card processing center then the system will automaticaly downgrade the account to a Free Orglow Account and remove all related services and features.

Refund of Charges

All Orglow services are prepaid for the period selected (monthly, yearly or otherwise) and are non-refundable. This includes accounts that are renewed in accordance with the previous section. When users (Plus, Pro or Corp) cancel their service or downgrade to Free Orglow account, they will not be issued refunds for their most recent (or any previous) billing. All cancellations and downgrades are processed automatically. To cancel or downgrade, please click the link that says “Change Plan” in Dashboard tab and follow the instructions.

Choice of Law and Location for Resolving Disputes

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts-of-law principles. Please note that your use of the Services may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Orglow, Inc. or relating in any way to your use of the Services resides in the courts of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of California in connection with any such dispute including any claim involving Orglow, Inc. or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers

Technical Support and Question

Email support is currently offered for registered users of the Service. Support questions can be sent to support@orglow.com.
Any questions about the Terms of Service should be sent to support@orglow.com.

Last Modified Date: July 16, 2010