TERMS OF USE

This page states the Terms and Conditions under which you, the website visitor (hereinafter "You" or "visitor"), may use this site and our services. By using this site, You agree to be bound by all of the Terms and Conditions set forth below. If You do not accept these Terms and Conditions, please do not use this site. Orbund LLC may, at its sole discretion, revise these Terms and Conditions at any time; therefore, You should visit this page periodically to review the Terms and Conditions.

 
 

Changes in Terms and Conditions
Orbund reserves the right to change this policy at any time, for any reason, and without notice, including the right to terminate these services. Therefore, it is your responsibility to review these Terms and Conditions from time to time so you will be apprised of any changes.

Changes in the Service
Orbund reserves the right to change this Service at any time, for any reason, and without notice, including the right to terminate these services. Therefore, it is your responsibility to review these Terms and Conditions as well as any announcements or news on the Service from time to time so you will be apprised of any changes.

Internet Privacy & Security
Orbund and your institute work together to protect the online privacy of all of your institute's community members that use Orbund, including students, instructors, and administrators. Orbund information collection, security, and privacy policies have been authorized by your institute or instructor, and Orbund strives to manage your institute's internet services in a secure manner. For example, Orbund uses industry standard SSL (secure socket layer) encryption to transfer private, personal information, the same technology used by online banks. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure, and Orbund can not ensure or warrant the security of any information managed by the site, whether transmitted to Orbund by you, your institute, or your instructor. By agreeing to Orbund's privacy policy and terms of use, you agree to use Orbund at your own risk, and agree that Orbund shall not be liable if a security breach occurs, if the site malfunctions, or if information is misused or mismanaged in any way to your detriment or the detriment of a third party, whether by Orbund, your institute, your instructor, or an unauthorized third party.

Your Responsibility Regarding Use of the Service
It is your responsibility not to disclose your username and password to anyone. It is your responsibility to use this Service only for the purpose in which it was intended. Any use of the Service not in accordance with the intended purpose is prohibited.

Bulletin Boards and Chat Rooms
Orbund does not control the messages, information or files delivered to Bulletin Boards. You understand and agree that Orbund has no obligation to monitor the Bulletin Boards. You also agree and understand that Subscriber choose to restrict or monitor your access to Bulletin Boards for any reason and you agree to bound by any such restrictions or monitoring.
Both Orbund and Subscriber reserve the right at all times to disclose any information posted by you or any other user as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Orbund's sole discretion are objectionable or in violation of these terms and conditions.

It is a condition of your use of this Service that you do NOT:

(i)  Impersonate any person or entity, including, but not limited to, an official of Orbund, Subscriber, representative of the institute, guide or host, or falsely state or otherwise misrepresent your identify or affiliation with a person or entity;
(ii)  Upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, harassing, defamatory, vulgar, invasive of another's privacy, hateful, or otherwise objectionable;

(iii)   Upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(iv)   Collect or store personal data about other users.

(v)   Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

(vi)   Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software;

(vii)   Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping areas) that are expressly designated for such purpose;

(viii)   Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;

(ix)   Interfere with or disrupt (or attempt to interfere with or disrupt) the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

(x)   "Stalk" or otherwise harass another; or

(xi)   Harm minors in any way;

Both Orbund and Subscriber reserve the right at all times to disclose any information posted by you or any other user as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in either Orbund or Subscriber's sole discretion are objectionable or in violation of these terms and conditions.

Publishing Content / Communications
You acknowledge that all communications on Bulletin Boards are public and not private communications, therefore others may read what you say on the Internet without your knowledge. Always use caution when giving out any personally identifying information about yourself on any Bulletin Board.

Orbund does not control or endorse the content, messages or information found in any Bulletin Board and, therefore, specifically disclaims any liability with regard to the Bulletin Boards and any actions resulting from your participation in any on-line bulletin board service. The managers and hosts of these boards are not authorized Orbund spokespersons, and their views do not necessarily reflect those of Orbund.

By posting messages, uploading files, inputting data, or engaging in any other form of communication through this Service, you are granting Orbund, and its affiliates, permission to:

Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such communication (subject to Orbund's then-current Privacy Statement).

Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication (again, subject to Orbund's then-current Privacy Statement).

The foregoing rights shall include the right to use any proprietary right included in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction, but only to the extent necessary to exercise Orbund's foregoing license rights.

Copyright and Trademarks
Unless otherwise noted, all web Service design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other material on this Service are either the copyright or trademark of Orbund LLC and its affiliates, or their content and technology providers.

Permission is granted only to electronically copy and to print in hard copy portions of this Service for the sole purpose of reviewing your personal school data, school notices, school homework assignments, any other documents posted to Orbund for your use, or using this Service as a shopping resource or for other personal, noncommercial and informational purposes. Any other use of materials on this Service--including reproduction for purposes other than those noted above, modification, distribution, or republication--without the prior written permission of Orbund is strictly prohibited.

Third Party Content
Orbund is a distributor (and not a publisher) of content supplied by Subscriber, third parties, and visitors. Accordingly, Orbund has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, members or any other user of this Service, are those of the respective author(s) or distributor(s) and not of Orbund. Neither Orbund nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through the Service represents the opinions and judgments of the respective information provider, or the user and not necessarily that of Orbund. Orbund neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Orbund's Service by anyone other than authorized Orbund employee spokespersons while acting in their official capacities. Under no circumstances will Orbund be liable for any loss or damage caused by a user's reliance on information obtained through Orbund. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Service. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

Disclaimer of Warranties
Orbund hereby disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material in this Service. We further disclaim any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Orbund disclaims any responsibility for any harm resulting from downloading or accessing any information or material through the Service. You will bear all risk associated with any content that you access. Your accessing of any content made available by or through Orbund and third parties is subject to your agreement to this provision and these Terms and Conditions.

THIS SERVICE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, ORBUND DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. ORBUND DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SERVICE OR THROUGH ANY LINKS PROVIDED IN THE SERVICE. ORBUND SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OF SUCH MATERIAL.

UNDER NO CIRCUMSTANCES SHALL ORBUND BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SERVICE OR ITS ASSOCIATED PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF ORBUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, PRODUCTS OR SERVICES, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES.

THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Governing Law
All legal issues arising from or related to the use of this Service shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Kansas without regard to conflicts of law principles. By using this Service and agreeing to these Terms and Conditions, you consent to personal jurisdiction and venue in the state and federal courts located in and serving Johnson County, Kansas and with respect to such disputes arising out of or relating to these Terms and Conditions or your use of the Service.

Indemnity
By using this web Service you agree to indemnify Orbund and its parents, subsidiaries, affiliates, directors, officers, consultants and employees and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of this Service.

Entire Agreement
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between Orbund's representations and you with respect to the subject matter hereof, except that any other terms and conditions located on any individual Service associated with Orbund are incorporated herein by this reference to the extent they do not conflict with these Terms and Conditions.

Violations of Terms and Conditions
Should you violate these Terms and Conditions or any other rights of Orbund, Orbund reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts. If Orbund should fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions. If a court should find that one or more rights or provisions set forth in these Terms and Conditions are invalid, you agree that the remainder of the Terms and Conditions shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties' intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.