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.
Thank you for your cooperation with these Terms & Conditions, last updated on October 14, 2014. 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:
Legal Affairs Dept.
P.O. Box 1705
San Mateo, CA 94401, U.S.