Terms of Service and Conditions of Use

The following describes the Terms of Service and Conditions of Use for An Orchid Otter website (henceforth known as “the website”).

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THE TERMS AND CONDITIONS PAGE. IF YOU DO NOT WANT TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU CANNOT ACCESS OR USE THE WEBSITE. IF YOU DO NOT UNDERSTAND THESE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE. AN ORCHID OTTER CAN AND WILL MODIFY THIS AGREEMENT AT ANY TIME WITHOUT INDIVIDUAL, SPECIFIC NOTICE TO YOU. ALL MODIFICATIONS ARE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE WEBSITE.

YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS.

YOUR CONTINUED ACCESS OR USE OF THE WEBSITE AFTER SUCH NOTICE IS DEEMED TO BE YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT, INCLUDING ANY AND ALL MODIFICATIONS, DELETIONS, ADDITIONS, AND ALL OTHER CHANGES.

THE WEBSITE AND CONTENT ARE PROVIDED ‘AS IS’ WITHOUT ANY WARRANTIES OF ANY KIND. THE WEBSITE AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING AND NOT LIMITED TO THE WARRANTY OF MARKETABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF THE GRAPHICS, VIDEOS, CONTENT, SERVICES, SOFTWARE TEXT, AND LINKS.

By using the website, you agree to abide by these Terms of Service and Conditions of Use. Please read them carefully.

The website (and other “internal” websites, such as webpages pertinent to the website) is an online and offline information service and is subject to your compliance with the terms and conditions set forth (all parts and parties collectively referred to as the website).

Any other policies, notices, or other legal and administrative pages contained in the website are necessarily incorporated into these Terms of Service and Conditions of Use. This can include, without limitation, a Privacy Policy, Copyright Notice, Disclaimer, DMCA Policy, Anti-Spam Policy, and FTC Compliance Policy.

You agree to abide by all applicable laws and regulations regarding your use of the website and the content and materials provided in it.

The website is an independent entity having no relationship, connection, or affiliation what-so-ever with any company, person, organization, group, or outfit mentioned herein, even if such name appears in the website name, domain, URL, or any other entity. You must assume no other party, by mere mention of their name, has endorsed anything on the website. The website provides useful resources for our readers. Some of these resources might compensate An Orchid Otter for placement on or purchase of from the website. You should believe at all times that An Orchid Otter is being compensated and must be aware that you should always be responsible for your own financial decisions for investing, purchasing, donating, or otherwise.

Copyright, Licenses, and Idea/User Submissions

Refer to the Copyright Notice page on this website.

To reinforce, the entire contents of the website are protected by intellectual property law, including international copyright and trademark laws. The owner of the copyrights and/or trademarks are the website, and/or other third party licensors or related entities.

Trademarks

Graphics, videos, products, publications, content, and services referenced herein or on the website are the exclusive trademarks and marks of service for the website and/or related parties. Other product and company names mentioned on the website might be the trademarks of their respective owners.

Links to The Website

You are allowed to provide links to the website, provided you do not change, remove, or obscure the copyright notice or other notices on the website. Your website or other sources of links must not engage in illegal or pornographic activities. You can link provided you understand that you must stop linking to the website immediately when requested to do so by the website.

Use of The Website

You agree, acknowledge, and accept that An Orchid Otter does not render professional or expert advice in any arena.

Data contained on or made available through the website is not intended to be and does not constitute legal advice. The website and your use of it does not create an attorney-client relationship. An Orchid Otter does not warrant or guarantee the accuracy, recency, or adequacy of the data contained in or linked to the website.

Data contained on or made available through the website is not intended to be and does not constitute health or medical advice. The website and your use of it does not create a physician-patient relationship. An Orchid Otter does not warrant or guarantee the accuracy, recency, or adequacy of the data contained in or linked to the website.

Data contained on or made available through the website is not intended to be and does not constitute investment or financial advice. The website and your use of it does not create an advisor-client relationship. An Orchid Otter does warrant or guarantee the accuracy, recency, or adequacy of the data contained in or linked to the website.

Your use of the website or materials linked to the website is completely at your own risk. You should not act or depend on any data on the website, where applicable, without seeking the counsel of a competent lawyer licensed to practice in your jurisdiction for your particular legal issues. You should not act or depend on any data on the website, where applicable, without seeking the counsel of a competent physician licensed to practice in your jurisdiction for your particular medical issues. You should not act or depend on any data on the website, where applicable, without seeking the counsel of a competent financial advisor licensed to practice in your jurisdiction for your particular financial needs and issues.

We might make changes to the functionality, features, and content of our website at any time. An Orchid Otter reserves the right to edit or delete any data appearing on the website.

Your Duty To Others

Your use of the website is for your own personal, non-commercial benefit. In no way are you to leverage the website in a way that mines for the personal information of others, whether in comments or otherwise, for your own use or for the benefit of others. This includes, but is not limited to, spam (unsolicited commercial email).

If you inadvertently obtain personal information about other users, you will not share this with anyone else and you will delete all copies of it immediately.

Restricted Access

Access to certain areas of the website is restricted. An Orchid Otter reserves the right to restrict access to other areas of the website and the entire website if deemed necessary.

If you are provided a user ID (username) and password you must ensure that the user ID and password are kept confidential. You cannot share your user ID and/or password with anyone for any reason, either directly or indirectly. You accept responsibility for all activities that occur under your user ID or password.

We can disable your user ID and password if you breach any of the policies or terms governing your use of the website or any other contractual obligations you are bound to.

Third-Party Products and Services

You understand that, except for services, products and information clearly identified as being supplied by the website, the website does not control, endorse, or operate any services, products, or information on the Internet by any means. Except for information identified by the website as such, all services, products, and information offered through the website or on the Internet are offered by third parties that are not affiliated with the website. Because of this, An Orchid Otter might be compensated.

Viruses, Phishing, Trackers, and More

You understand that An Orchid Otter website cannot and does not guarantee or warrant that files available for downloading through the website will be free of infection or viruses, worms, Trojan horses, trackers, phishing, or other code that manifest destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the website for the reconstruction of any lost data. An Orchid Otter is not responsible for the loss of said data and you will hold the website harmless for loss of such data.

Assumption of Risk

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR USING THE WEBSITE AND THE INTERNET. THE WEBSITE PROVIDES INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER. THIS INCLUDES WITHOUT LIMITATION ALL WARRANTIES OF TITLE AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANT AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE PRODUCT OR SERVICE, ALL MERCHANDISE INFORMATION AND SERVICES PROVIDED THROUGH THE SERVICE AND ON THE INTERNET. THE WEBSITE WILL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, OPINIONS, ADVICE, MERCHANDISE, AND ALL OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET. THE WEBSITE DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE NATURE OF THE INTERNET CONTAINS UN-EDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MIGHT BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. THE WEBSITE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS YOU MIGHT SOMEHOW ACCESS.

Limitation of Liability

The content might contain inaccuracies or typographical errors. The website makes no representations about the accuracy, reliability, completeness, or timeliness of the content or about the results you obtain by using the website and its content. Use of the website and the content is at your own risk. Changes might be made to the website and can be made at any time.

AN ORCHID OTTER DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE AND THAT THE WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL CONDITIONS. IF BY USING THE WEBSITE AND ITS CONTENT RESULTS IN THE NEED TO SERVICE AND/OR REPLACE EQUIPMENT AND/OR DATA, THE WEBSITE IS NOT RESPONSIBLE FOR COSTS INCURRED.

Express Disclaimer of Consequential Damages

IN NO EVENT WILL THE WEBSITE, ITS SUPPLIERS, AND ANY THIRD-PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS AND/OR INFORMATION, AND SIMILAR, FROM THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, TRANSACTIONS PROVIDED ON THE SERVICE, DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION AND/OR SERVICE. EVEN IF THE WEBSITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIKEWISE, ANY CLAIM ATTRIBUTABLE TO INACCURACIES, ERRORS, OR OMISSIONS IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MIGHT NOT APPLY TO YOU. IN SUCH STATES, LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, RESULTING IN THE SMALLEST DOLLAR AMOUNT PERMITTED FOR THE AGGREGATE LIABILITY FOR BOTH THE WEBSITE AND AFFILIATED PARTIES FOR A CLAIM DERIVING FROM OR RELATED TO THE WEBSITE. THIS REPLACES ANY AND ALL OTHER REMEDIES OTHERWISE AVAILABLE.

Links to Other Websites

The website contains links to third-party Websites. An Orchid Otter makes no representations what-so-ever about any other website you access through the website or might link to the website. When you access another website from the website, it is independent of An Orchid Otter website, and that An Orchid Otter website has no control of the content on other websites. These links are provided for your convenience and the contents of other websites are not endorsed by An Orchid Otter website. An Orchid Otter website is not responsible for content on linked third-party Websites and does not make any representations regarding their content or the accuracy of material on such third-party websites. Linking to third-party websites is done at your own risk. An Orchid Otter does not make recommendations, endorsements, or suggestions, and does not prompt for actions regarding products or services offered. Purchases you make might provide compensation to An Orchid Otter. Income claims should be construed as atypical results. You assume the risk that inferior results obtain, including losses. An Orchid Otter carries no responsibility or liability for this.

User Submissions

The website does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by other users of the website or endorse any opinions expressed by users of the website. You acknowledge that relying on material posted by others is at your own risk.

As a user of the website, you are responsible for your own communications and are responsible for the consequences resulting in your posting. You cannot post material that is hateful, threatening, embarrassing, obscene, profane, defamatory, harassing, or abusive to any other person or entity. You cannot post material that is copyrighted unless you are the copyright owner or have the permission of the copyright owner to post it. You cannot post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others. You cannot post material that reveals trade secrets unless you own them or have the permission of the owner. You cannot post advertisements or solicitations of business. You cannot post chain letters or pyramid schemes. You cannot impersonate another person. You cannot post sexually-explicit images.

The website does not actively screen communications in advance and is not responsible for monitoring and editing material posted by users of the website. If any communications observed and/or notified by a user allegedly do not conform to this agreement, the website can investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of said communication. The website has no liability or responsibility to users of the website for performance or lack of performance of such activities. The website reserves the right to delete user IDs and prevent further access to the website for violating this agreement, any law, or regulation. The website reserves the right to remove abusive, illegal, and otherwise disruptive communications.

Social Media Warning (Divulgence of Personal & Private Information)

Social media provides a platform for users to disclose personal information in a way that seems not harmful and offensive. However, many regret the sharing of personal information. This is true of both social websites and applications for social media on other websites, including this one, as well as on email. Use of information and disclosing it must be used with common sense. If you do not want it “out on the web” do not post it!

Indemnification

You agree to indemnify, defend, and hold harmless An Orchid Otter website, its owners, members, officers, directors, employees, agents, licensors, suppliers, and all third party information providers to the website from and against all expenses (including reasonable attorneys’ fees), losses, and damages resulting from any use of the website and/or violation of this Agreement (including negligent or wrongful conduct) by you or any other person using the website.

Third-Party Rights

The provisions of Use of the Service and Indemnification are for the benefit of the website and its owners, officers, directors, employees, agents, licensors, suppliers, and all third-party information providers to the Service. Each of these individuals or entities will have the right to assert and enforce those provisions directly against you on their own behalf.

Termination

An Orchid Otter reserves the right to investigate complaints and reported violations of these Terms of Service and Conditions of Use and to take any and all action deemed appropriate. This includes but is not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing data necessary and appropriate to such persons or entities related to your profile, email addresses, usage history, IP addresses, and traffic data.

This Agreement, in whole or in part, can be terminated by An Orchid Otter without notice at any time for any reason. The provisions of Copyright, Licenses and Idea Submissions, Use of the Service, Indemnification, Third Party Rights, Hiring an Attorney / No Attorney-Client Relationship, and Miscellaneous will survive any termination of this Agreement, in whole or in part.

Hiring an Attorney / No Attorney-Client Relationship

Hiring an investment advisor, attorney, medical, or other professional is a serious matter; one you should NOT base solely on data contained on the website or in advertisements.

The law is constantly changing. Information changes with it. This might not be accurate depending on your particular legal issue. Each legal issue depends on its own individual facts. Different jurisdictions have different laws and regulations. This is a very good reason to seriously consider hiring licensed, professional counsel in your jurisdiction.

Medical issues are complex. They often come from organic and psychological factors. Do not use this website as a source of diagnosing or treating medical ailments.

Financial matters, risk tolerance, and other related subjects are personal decisions. Before making any investments or financial decisions you should seek out guidance from a professional, not a website.

You can send emails. This communication will never in any way be construed as initiating an attorney-client relationship or other professional relationship. Hence, the contact must not include confidential or sensitive data because your communication is not treated as confidential and privileged.

Miscellaneous

Governing Law

This Agreement is treated as executed, set in force, and performed in the state of Tennessee, United States of America. Accordingly, it is to be governed and construed in accordance with the laws of Tennessee in terms of those applicable to agreements, without regard to conflict of law principles.

Disputes

Any cause of action by you with respect to the website must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions are subject to the limitations set forth in these Terms of Service and Conditions of Use. Any legal claim arising out of or relating to these Terms of Service and Conditions of Use or due to using the website, excluding intellectual property right infringement and other claims by An Orchid Otter, will be settled confidentially through mandatory binding arbitration per the American Arbitration Association commercial arbitration rules. The arbitration will be conducted in Tennessee. Each party will bear one-half of the arbitration fees and all costs incurred, and each party will pay their lawyer’s fees. All claims will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party.

Modification

Neither the course of conduct between the parties nor industry trade practices will act to modify any provision of this Agreement.

Assignability

The website can assign its rights and duties under this Agreement to any party at any time without notice to you.

Ambiguity Doctrine

The language in these Terms of Service and Conditions of Use will be interpreted to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in interpreting these Terms of Service and Conditions of Use, as the Agreement is construed as having been co-authored by the parties.

Severability

Should any part of these Terms of Service and Conditions of Use be held invalid or unenforceable, that portion as much as possible will be construed as consistent with applicable law and severability shall apply to the remaining portions, so that they remain in full force and effect.

This Agreement Prevails

To the extent that anything in or associated with the website is in conflict or inconsistent with these Terms of Service and Conditions of Use, these Terms of Service and Conditions of Use take precedence.

Waiver

An Orchid Otter’s failure to enforce any provision of these Terms of Service and Conditions of Use will not be deemed a waiver of the provision nor of the right to enforce the provision.

An Orchid Otter’s rights under these Terms of Service and Conditions of Use will survive any termination of this agreement.

Any rights not expressly granted herein are reserved to An Orchid Otter.

NOTICE for CHANGE: The contents of this page might change over time. Accordingly, this page could read differently at any time. These changes are necessitated, and carried out by An Orchid Otter, in order to protect you and the website. If this is important to you, you should check back frequently since no additional notices of changed content will be provided at any time.

All concerns, comments, and questions you have should be addressed to [email protected].