Last updated July 18, 2015
These Terms constitute a binding agreement between You and Orange Tree Samples, and are deemed accepted by You and Orange Tree Samples. Your access to or use of the Website indicates Your acceptance to these Terms. If You do not accept these Terms stated here, do not use the Website. Orange Tree Samples reserves the right to revise these Terms at any time, at its sole discretion, by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms, because they are binding on You.
- "Orange Tree Samples Product(s)" mean and refer to any products purchased from Orange Tree Samples or through the Website.
- "We," "Us," and "Our" mean and refer to Orange Tree Samples.
- "You," "Your," and "User" mean and refer to all individuals and/or entities who are accessing or using the Website or Orange Tree Samples Products for any reason.
- Purchases Through the Website
- Delivery. Orange Tree Samples shall deliver the Orange Tree Samples Products that You purchase to the delivery email address designated by You.
- Pricing. Except where otherwise noted, the list price displayed for any Orange Tree Samples Product represents the full price of such Orange Tree Samples Product.
- Refunds. You may refund any Orange Tree Samples Product within thirty (30) days after purchase provided that the Product remains undownloaded, as described in the Orange Tree Samples refund policy. If You wish to request a refund on a Orange Tree Samples Product, please contact Us.
- Intellectual Property
- Limitation of Liability
- Term and Termination
- Links. The Website contains many links to third-party websites. These links are provided solely as a convenience and not as an endorsement by Orange Tree Samples of the contents on such third-party websites. Orange Tree Samples is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If You decide to access linked third-party websites, You do so at Your own risk.
- Commercial Use. You agree not to make any unauthorized commercial use of the Website.
- Access Outside the United States. Orange Tree Samples makes no claims that the Website may be lawfully viewed, downloaded, or accessed outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.
- Governing Law. These Terms are governed by the internal substantive laws of the State of California. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Sonoma County, California. If any provision of these Terms are 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 term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Orange Tree Samples' failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Orange Tree Samples' ability to enforce such term at any point in the future.
- Waiver. Waiver of any specific term of these Terms shall not be deemed a further or continuing waiver of such term or of any other terms.
- Headings. Headings provided in these Terms are included for reference purposes only and are not to be given any substantive effect.
- Effective Date. These Terms are effective as of July 18, 2015.
You agree and warrant that You will not use the Website in a manner that is illegal or otherwise inconsistent with these Terms. In addition, You will not use the Website in a manner that Orange Tree Samples deems objectionable. Orange Tree Samples reserves the right to restrict, suspend, or terminate Your access to the Website without notice for any reason.
You agree that You will access the Website only through the interfaces provided. You agree not to reverse-engineer or otherwise hack the Website, take any actions that damage the Website or its security, or interfere with other users' use of the Website.
The Website is protected under patent, copyright, trademark, and/or other laws. The Website and all Website contents are the property of Orange Tree Samples or its licensors. The compilation, collection, arrangement, or assembly of all content on the Website is the exclusive property of Orange Tree Samples and protected as well.
Unauthorized use of the Website may violate applicable laws and is strictly prohibited. You may not copy the Website or any part thereof without Orange Tree Samples' prior written authorization. Any code or software code that Orange Tree Samples creates to generate or display the Website are also protected by Orange Tree Samples' copyrights, and You may not copy or adapt such code.
TO THE FULLEST EXTENT POSSIBLE BY LAW, ORANGE TREE SAMPLES MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE OR ANY ORANGE TREE SAMPLES PRODUCT WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ORANGE TREE SAMPLES' SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, ORANGE TREE SAMPLES IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND THE ORANGE TREE SAMPLES PRODUCTS ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND. ORANGE TREE SAMPLES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ORANGE TREE SAMPLES MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT ON THE WEBSITE. ORANGE TREE SAMPLES MAKES NO WARRANTY WITH REGARD TO ANY OF THE ORANGE TREE SAMPLES PRODUCTS.
IN NO EVENT SHALL ORANGE TREE SAMPLES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST PROFITS, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ORANGE TREE SAMPLES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL ORANGE TREE SAMPLES' AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR ORANGE TREE SAMPLES PRODUCTS EXCEED THE AMOUNTS YOU HAVE PAID TO ORANGE TREE SAMPLES FOR THE ORANGE TREE SAMPLES PRODUCTS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ORANGE TREE SAMPLES AND YOU.
You agree to defend, indemnify, and hold harmless Orange Tree Samples, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any improper use of the Website, or (ii) Your breach of these Terms. Orange Tree Samples shall provide notice to You promptly of any such claim, suit, or proceeding.
These Terms will remain in full force and effect while You are a User of the Website. Orange Tree Samples reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your access to the Website and immediate termination of Your registration with or ability to access the Website and/or any other services provided to You by Orange Tree Samples, upon any breach by You of these Terms. Even after You are no longer a User of the Website, the provisions of these Terms will remain in effect.
If there are any questions regarding Orange Tree Samples or this Policy, please contact Orange Tree Samples at:
Orange Tree Samples
3510 Industrial Dr. Suite E
Santa Rosa, CA 95403