Orange Pomegranate



Ownership. Agreement. These Terms and Conditions of Use (hereinafter “Terms”) apply to the Orange Pomegranate web site located at www.orangepomegranate.com, and all associated sites linked to www.orangepomegranate.com by Orange Pomegranate, LLC, and its subsidiaries and affiliates (hereinafter jointly referred to as the “Site”). The Site is the property of Orange Pomegranate, LLC (“Orange Pomegranate”). Your use of the Site signals your agreement to be bound by these Terms. If you do not agree, then do not use the Site. Orange Pomegranate reserves the right, at its sole discretion, to change, modify, add, remove or replace portions of these Terms, at any time without specific notice to you. Any changes, modifications, additions, removals or replacements go into effect immediately. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, Orange Pomegranate grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. You agree that you have no additional right(s) to the Site or Orange Pomegranate. You agree that you have no ownership interest in the Site or Orange Pomegranate. Content. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (hereinafter jointly referred to as “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Orange Pomegranate, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Orange Pomegranate’s express prior written consent. You may use information on Orange Pomegranate products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Orange Pomegranate for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents. Orange Pomegranate is not responsible for typographic errors. Content may be comprised of materials from third parties. Orange Pomegranate may provide links to third-party websites as a convenience to you. You agree that Orange Pomegranate is not responsible for examining or evaluating the content or accuracy and Orange Pomegranate does not warrant and will not be liable or responsible in any way for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Orange Pomegranate is not in any way responsible for any such use by you. You understand that by using the Site, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Site at your sole risk and that Orange Pomegranate shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. Your Use of the Site. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Orange Pomegranate reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Orange Pomegranate server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Orange Pomegranate, including any Orange Pomegranate account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Orange Pomegranate's systems or networks, or any systems or networks connected to the Site or to Orange Pomegranate. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Orange Pomegranate on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Orange Pomegranate or others. Subscriptions. Memberships. Purchases. Additional Terms. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which are incorporated in these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. Orange Pomegranate’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. Orange Pomegranate may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out-of-date, and Orange Pomegranate makes no commitment to update the materials on the Site with respect to such products and services. Orange Pomegranate may notify you with respect to the Site by sending an email message to the address you provided when establishing your user name, password and account, or by way of a letter using postal mail to the mailing address you provided when establishing your user name, password and account, or by a posting on the Site. Notices shall become effective immediately. Your use of the Site includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement. You acknowledge that your electronic submissions constitute your intent to be bound by and to pay for such agreements and transactions, which extend to all records relating to all transactions you enter into on the Site. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. This Site is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understands it. Orange Pomegranate is not responsible for typographic errors. Orange Pomegranate, through the Site, accepts the following forms of payment: credit cards issued by United States banks, electronic debit, and payments through your PayPal account. If a credit card or your PayPal account is being used for a transaction, Orange Pomegranate may obtain preapproval for an amount up to the amount of the order. Billing occurs at the time of or shortly after your transaction. If you use your PayPal account, your order may be authorized and billed in increments during one purchasing session, so it may appear as multiple orders on your statement. You agree that you will pay for all products you purchase through the Site, and that Orange Pomegranate may charge your credit card, debit account or PayPal account for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. You are solely responsible for the timely payment of all fees and for providing Orange Pomegranate with valid credit card, debit account or PayPal account information for payment of all fees. All fees will be billed to the credit card, debit account or PayPal account you designate during the registration process. All fees will be billed as either a one-time transaction or an automatically recurring transaction as you designate during the registration process or re-designate by changing your account settings after registration. If you want to designate a different payment method or if there is a change in your credit card, debit account or PayPal account status, you must change your information online in your account settings; this may temporarily disrupt your access to the Site while Orange Pomegranate verifies your new payment information. Your total price will include the price of the product plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you register your account. You will be charged tax only in states where digital goods are taxable. No customers are eligible for tax exemptions. All subscriptions to the Site are final. Membership may be cancelled as of the end of the current billing cycle. The subscription fee for access to the Site may change at any time, and the Site does not provide price protection or refunds in the event of a price reduction or promotional offering. Your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Orange Pomegranate. You agree that the Site and its product or service includes security technology that limits your use of the product or services such that you remain in compliance with the applicable usage rules established by Orange Pomegranate (“Usage Rules”). Any security technology is an inseparable part of the product or service. Orange Pomegranate reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by Orange Pomegranate for compliance purposes, and Orange Pomegranate reserves the right to enforce the Usage Rules without specific notice to you. You agree not to access the Site by any means other than through software that is provided by Orange Pomegranate for accessing the Site. You shall not access or attempt to access an account that you are not authorized to access. You agree not to modify the Site, its software, product or service in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Site. Violations of system or network security may result in civil or criminal liability. USAGE RULES. (i) You shall be authorized to use the Site, its software, product or service only for personal, noncommercial use. (ii) Member and Subscriber Accounts. Passwords. Security. Certain features or services offered on or through the Site may require you to open an account (including setting up a user name and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Orange Pomegranate immediately if there is any unauthorized use of your account or password, or any other security breach. You may be held liable for losses incurred by Orange Pomegranate or any other user of or visitor to the Site because someone else has used your user name, password or account as a result of your failure to keep your account information secure and confidential. You may not use anyone else’s user name, password or account at any time without the express permission and consent of the holder of that user name, password or account. Orange Pomegranate cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Privacy. Orange Pomegranate’s Privacy Policy applies to use of this Site, and its terms are incorporated into these Terms by this reference. Moreover, you acknowledge and agree by your use of the Site that transmissions through the Internet or worldwide web are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a specific indication that a particular transmission (for example, credit card information) is encrypted. Links. This Site may contain links to other independent third-party websites (hereinafter referred to as “Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Orange Pomegranate’s control, and Orange Pomegranate is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. Disclaimers. Orange Pomegranate DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. YOU AGREE THAT FROM TIME TO TIME Orange Pomegranate MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. Orange Pomegranate CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Orange Pomegranate DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Orange Pomegranate DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY Orange Pomegranate SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST Orange Pomegranate FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOrange Pomegranate USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND Orange Pomegranate AND ANY OTHER RELEVANT THIRD PARTIES. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Orange Pomegranate reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. Orange Pomegranate DOES NOT REPRESENT OR GUARANTEE THAT THE SITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND Orange Pomegranate DISCLAIMS ANY LIABILITY RELATING THERETO. PRODUCTS CAN BE DOWNLOADED ONLY ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED OR RENTED FROM THE SITE THAT ARE STORED IN YOUR SYSTEM. Limitation of Liability. Except where prohibited by law, in no event will Orange Pomegranate be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Orange Pomegranate has been advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms, Orange Pomegranate is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Orange Pomegranate's liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Orange Pomegranate (but not including the purchase price for any Orange Pomegranate software products or any hardware required to use Orange Pomegranate's products or services), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you. Indemnity. You agree to indemnify and hold Orange Pomegranate, its owners, members, officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Orange Pomegranate by any third party due to or arising out of or in connection with your use of the Site. Violation of These Terms. Orange Pomegranate may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Orange Pomegranate’s rights or property, or the rights or property of visitors to or users of the Site, including Orange Pomegranate’s customers. Orange Pomegranate reserves the right at all times to disclose any information that Orange Pomegranate deems necessary to comply with any applicable law, regulation, legal process or governmental request. Orange Pomegranate also may disclose your information when Orange Pomegranate determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that Orange Pomegranate may preserve any transmittal or communication by you with Orange Pomegranate through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Orange Pomegranate determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Orange Pomegranate, its employees, users of or visitors to the Site, and the public. You agree that Orange Pomegranate may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Orange Pomegranate, for which monetary damages would be inadequate, and you consent to Orange Pomegranate obtaining any injunctive or equitable relief that Orange Pomegranate deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Orange Pomegranate may have at law or in equity. You agree that Orange Pomegranate may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you, (3) discontinuation or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems. If Orange Pomegranate does take any legal action against you as a result of your violation of these Terms, Orange Pomegranate will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Orange Pomegranate. You agree that Orange Pomegranate will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms. Governing Law. Dispute Resolution. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Delaware without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in the State of Delaware, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or you agree that you have waived such claim or cause of action and it is summarily barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Orange Pomegranate and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law. Void Where Prohibited. Orange Pomegranate administers and operates the www.orangepomegranate.com Site from its location in the State of Delaware USA; other Orange Pomegranate sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Orange Pomegranate reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws. Odds and Ends. If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect. These Terms constitute the entire agreement between you and Orange Pomegranate with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Orange Pomegranate with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Orange Pomegranate, Orange Pomegranate will not accept any counter-offers to these Terms, and all such offers are hereby categorically rejected. Orange Pomegranate’s failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by Orange Pomegranate of any provision or any right it has to enforce these Terms, nor shall any course of conduct between Orange Pomegranate and you or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties. Feedback and Information Any feedback you provide at this site shall be deemed to be non-confidential. Orange Pomegranate shall be free to use such information on an unrestricted basis. The information contained in this web site is subject to change without notice. Copyright © 2010 Orange Pomegranate, LLC. All rights reserved. Orange Pomegranate, LLC., Delware, USA. Updated by Orange Pomegrante, LLC. on August 21, 2010