NEITHER THE COMPANY NOR ANY COMPANY AFFILIATE HAS ANY LIABILITY OR RESPONSIBILITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED ACTIVITIES. THROUGH YOUR USE OF THE SITES, YOU ARE AGREEING TO ALL OF THE TERMS CONTAINED HEREIN.
Limitations of Online Services
To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, in relation to the Sites, the Site Content, its use, the results of such use, links and linked sites. Without limiting the foregoing, the Company specifically disclaims any warranty (a) that the functionality will be uninterrupted or error-free, (b) that defects will be corrected, (c) that there are no viruses or other harmful components, or (d) that the security methods employed will be sufficient, or (e) that the Sites or Site Content are correct, accurate, or reliable.
You acknowledge that the Company may establish limits concerning use of the Sites, including the maximum number of days that Site Content will be retained by the Sites, the maximum number and size of postings or other content that may be transmitted or stored on the Sites, and the frequency with which you may access the Sites. You agree that the Company has no responsibility or liability for the deletion or failure to store any content maintained on the Sites, nor will the Company assume responsibility for any damages resulting from such deletion or failure. You also agree to assume the entire cost of all necessary servicing, repair or correction resulting from the above occurrences.
Limitations of Offline Services
You acknowledge that because many Company events are organized by volunteers, from time to time they are placed on hold during organizer turnover while new organizers are recruited. Just because the Company currently holdd events in the cities listed here does not mean that the Company will always hold events in those cities in perpetuity. For this reason and other reasons, events may be cancelled, delayed, or changed without notice.
Limitations of Liability
Under no circumstances shall the Company or any Company Affiliate be liable for any damages whatsoever, including but not limited to any compensatory, direct, indirect, special, punitive, incidental or consequential damages, lost profits, loss of use, loss of data, loss of income or profit, loss of or damage to property, personal injury, claims of third parties, or other losses of any kind or character arising during or in connection with or in participation in Company events - including but not limited to ORIENTED Happy Hours and ORIENTED Dialogue & Exchange events - even if the Company has been advised of the possibility of such damages or losses, or the use or inability to use the Sites or the Site Content whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company or a Company Affiliate has been advised of the possibility of such damages.
User authentication on the Internet is difficult, so the Company cannot and does not confirm that each user is who they claim to be. Because the Company does not and cannot be involved in user-to-user dealings or control the behavior of participants on any of the Sites, in the event that you have a dispute with one or more users, you release the Company and all Company Affiliates from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Notwithstanding the foregoing, THE COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY SITE OR YOUR USE OF THE SITE CONTENT, OR ANY COMPANY EVENT OR YOUR PARTICIPATION AT A COMPANY EVENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN TORT, BREACH OR WARRANTY, CONTRACT OR OTHERWISE) WILL NOT EXCEED US$50.00.
The Company does not warrant that the service is completely error free or will operate without packet loss or interruption, nor does the Company warrant any connection to or any transmission over the internet. You hereby agree to be responsible for payment of all applicable charges, including but not limited to those related to the use or misuse of your account or credit card by an unauthorized third party, or any error, accidental use or loss.
You agree to defend, indemnify and hold the Company and all Company Affiliates harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, legal and/or accounting fees resulting from, or alleged to result from, your use of the Sites, Site Content, or your participation at Company events. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
You expressly agree that exclusive jurisdiction for any dispute with the Company and/or the Sites, or in any way relating to your use of the Sites, resides in the courts of Hong Kong SAR, People's Republic of China, and you further agree and expressly consent to the exercise of personal jurisdiction of such courts in connection with any such dispute including any claim involving the Company or Company Affiliates. The laws of Hong Kong SAR shall govern the interpretation and construction of these Terms.
The failure of the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Trademarks and service marks for ORIENTED.COM are currently being filed in Taiwan, China, and other countries.
Thank you for your cooperation with these Terms & Conditions, last updated on Januart 15, 2012. We hope you find the ORIENTED.COM Sites helpful and convenient to use! Questions or comments regarding the legalities of this Site should be mailed to:
ORIENTED.COM Legal Affairs
c/o Michael D. Lee
The Pamir Law Group
14/F, #116 Nanking East Road, Section 2
Taipei 104 Taiwan
The following provisions form a part of the Volunteer Organizer Agreement and Sales Agent Agreement (collectively, the "Agreements"). By signing either of the Agreements, Event Organizers and Sales Agents agree to abide by these provisions in addition to the terms of the Agreements:
Definitions used in Section 8 (Use of the Company's Marks and Other Intellectual Property) of the Agreement:
Modifications and Waivers. No provision of the Agreements may be modified or discharged unless such modification or discharge is authorized by the Company and agreed in writing and signed by the Volunteer Organizer and the Company or by the Account Manager and the Company, except that the Volunteer Organizer or Account Manager agrees that any amendments made by the Company to the Guidelines and/or to the Policies (including this Addendum) shall be deemed as amendments to the Agreements to which the Volunteer Organizer or Account Manager has consented and has agreed to follow. Just because one party waives a condition or provision of the Agreements at one time does not mean that that party intends to waive that condition or provision permanently.
- (i) "IP" means all intellectual property rights including, but not limited to, the Marks, copyrights (including all content on the Company's websites, documents and marketing materials) and Trade Secrets, whether or not registered.
- (ii) "Marks" means trademarks, service marks, names, logos, insignias, trade dress and other proprietary trade designations protected by applicable law, whether or not registered, including but not limited to the word "ORIENTED" and the Chinese coin logo appearing on the Company's website.
- (iii) "Trade Secrets" means all business and technical information, knowledge, experience and know-how in connection with the Company's operations, including but not limited to, the Guidelines; Event processes and procedures; things-gone-wrong knowledge; members', users' and Event attendees identities, email addresses, business cards and other data; business forecasts; marketing data, plans and/or techniques; Company documents and internal documentation, including the Agreements; contracts between the Company and Third Parties; documented information (in any form) about venues, vendors, sponsors, community organizations and other persons, entities or organizations with which the Company has built a business relationship; and communications and documentation (verbal or in writing, including via email) among Organizers, the Program Director and/or the Company management team relating to Company operations.
Assignability. Although the Company shall have the right to freely assign the Agreements to any of its affiliates, successors or assigns, the Volunteer Organizer or Account Manager acknowledges that the terms of the Agreements are personal to him/her and that he/she shall have no right to assign the Agreements. The Agreements shall inure to the benefit of, and be enforceable by, the successors and assignees of the Company.
Severability. Where possible, the terms of the Agreements shall be construed and interpreted to be valid and enforceable under applicable law. If any provision of the Agreements shall be determined to be invalid or unenforceable, such provision shall be invalid or unenforceable only to the minimum extent required, and the Company and the Volunteer Organizer or Account Manager shall promptly attempt in good faith to agree on a legally enforceable modification that gives effect to the commercial objectives of the invalid or unenforceable provision, and every other provision shall remain in full force and effect.
Entire Agreement. The Agreements and the Policies as defined in the Agreements constitute the entire agreement of the parties hereto relating to the subject matter hereof, and any other terms or representations made by any party, verbally or in writing, are superseded by those contained in the Agreements.
Violations. Violations of the Agreements may result in bringing liability and negative publicity to the Company, which in turn may lead to immediate termination of and legal action against the Volunteer Organizer or Account Manager by the Company at the Volunteer Organizer's or Account Manager's expense. The Company reserves the right to pursue any and all applicable legal remedies against the Volunteer Organizer or Account Manager (even after termination of the Agreements) for any damages sustained as a result of his/her actions or non-actions, and at the Volunteer Organizer's or Account Manager's expense (including legal fees and expenses incurred in enforcing the Company's rights against the Volunteer Organizer or Account Manager).
Governing Law. The validity, interpretation, construction, performance and enforcement of the Agreements shall be governed by the laws of the British Virgin Islands.
Notices. All notices, requests, demands and other communications made or given in connection with the Agreements shall be in writing and shall be deemed to have been made or given (i) if delivered by hand or by express delivery service or courier, at the time so delivered, or (ii) if mailed, at the time mailed at any general or branch post office enclosed in a registered, postage paid envelope addressed to the address of the respective parties as follows:
To the Company:
P.O. Box 1705
San Mateo, CA 94401, U.S.A.
Attention: Program Director
To the Volunteer Organizer or Sales Agent:
(To the contact information indicated on the Agreements.)