All users may register for a single account on Orfula, provided you meet the requirements set forth herein and otherwise abide by these Terms of Service. To be able to access the paid services on Orfula, you must also provide a valid payment method.

If you fail to provide the required information, if we reasonably believe that you have provided false, misleading, inaccurate, incomplete, not current, or otherwise incorrect information to us, if you fail to promptly update such information to maintain its accuracy and completeness, or if we or any of our authorized agents have reasonable grounds to suspect that a violation of this provision has occurred, we may suspend or terminate your account, as well as subject you to criminal and civil liability. Acceptance of registration is subject to our sole discretion. While we may require you to provide additional information as necessary to verify the accuracy of your identity and the information you provide to us, you understand and agree that we do not sponsor or endorse any user.

You will not use, attempt to access, or ask for the login credentials for any third party’s account at any time. You will not allow any third party to access or use your account at any time, nor provide any third party with your login credentials. We will not be liable for any loss that you may incur as a result of any third party that uses your password or otherwise accesses your account, either with or without your knowledge. You will be liable for losses incurred by us or any third party due to release of account credentials to unauthorized persons.

You may request deletion of your account by sending an email to support@orfula.com or by means of our website. You will not assign, transfer, sell, or share your service credentials to Orfula. If you do, both you and any unauthorized user are jointly and severally liable for any fees that will be due.

We may suspend or delete your account or any licenses herein at any time, for any reason, in our sole discretion. We have the right to terminate your membership at any time, and you will be responsible for all charges to your account at the time of termination. We are not responsible for preserving terminated account information which may be permanently deleted in our discretion.

You understand that all we are offering you is access to Orfula and use of the Services as we provide them from time to time. You need to provide your own access to the Internet, hardware, and software, and you are solely responsible for any fees that you incur to access Orfula or use the Services. All users may access certain public areas of Orfula and use the Services and the Materials therein, free of charge. We grant all users a limited, nonexclusive, revocable, and nontransferable personal license to access and use only those Materials provided on free areas of Orfula for private, non-commercial purposes on a single computer or mobile device. This free license does not include a license to access or use paid areas of Orfula or the Materials therein. We also grant you a limited, nonexclusive, revocable, and nontransferable personal license to access Orfula and use the Services and the Materials therein, as limited by additional purchase of certain paid features and upgrades. This paid license is for private, non-commercial purposes on a single computer or mobile device. We reserve the right to limit the amount of Materials viewed or Services available to you. Your license to access Orfula and use the Services and the Materials is not a transfer of title. You will not copy or redistribute any Material, and you will prevent others from unauthorized access, use of, or copying of the Materials.

You agree that you will only use Orfula, the Services, and the Materials for purposes expressly permitted and contemplated by these Terms of Service. You may not use Orfula, the Services, or the Materials for any other purposes without our express prior written consent. Without our express prior written authorization, you will not:

Engaging in any Prohibited Use will be considered a breach of these Terms of Service and may result in immediate suspension or termination of the user’s account and access to Orfula or the platform without notice, in our sole discretion. We may pursue any legal remedies or other appropriate actions against you if you engage in any of the above Prohibited Uses or any unauthorized use of the Services, including civil, criminal, or injunctive relief, forfeiture of Content, XP, and cancellation of your account. Any unauthorized use of the Services or our computer systems violates these Terms of Service and certain international, foreign, and domestic laws.

If you are aware of any Materials on Orfula or any user engaging in activities that violate these Terms of Service, please contact us and provide as much detail as possible, including the username of the individual engaging in suspicious activities, the date and time of identification, the reason we should investigate the activities, and a statement certifying the accuracy of the information you provided to us.

We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing us to disclose the identity or location of any user in breach of these Terms of Service, in accordance with our privacy policies, law enforcement policies, and applicable law or regulation. If your activity results in Orfula receiving a subpoena, discovery request, production order, search warrant, or court order that causes Orfula to incur expenses, court costs, or legal fees for compliance, you agree to reimburse us for any such expenses, costs or legal fees upon our request.

If we can't successfully charge your payment method for any fees owed, we'll try again using any other payment methods you’ve authorized. If we still can't collect payment within 28 days of our first attempt, your account and access to the services may be suspended. Once you pay the overdue amount—along with any fees for the upcoming billing cycle—your account will be reactivated. While your account is suspended, you might lose access to your storefront and related services. If the balance remains unpaid for 60 days after suspension, Orfula may permanently close your account.

You shall be responsible for payment of all taxes, and we will not be responsible for any federal income tax withholding, unemployment contribution, workers compensation, Medicare / Medicaid, or any employment-related benefits. If requested, you will provide us with a Social Security Number or Taxpayer Identification Number, so that an IRS form 1099 may be issued where required by law. Failure to provide such information to us may result in termination of these Terms of Service.

We utilize various third-party payment processors and gateways, and we reserve the right to contract with additional third-party payment processors and gateways in our sole discretion to process any and all payments associated with Orfula. Such third parties may impose additional terms and conditions governing payment processing. You are responsible for abiding by such terms. We further disclaim any liability associated with your violation of such terms.

You must promptly inform our third-party billing agent of all changes, including changes in your address and changes in your credit card used in connection with billing or payment through Orfula, if applicable. You are responsible for any credit card charge backs, dishonored checks, and any related fees that Orfula incurs with respect to your account, along with any additional fees or penalties imposed by our third-party billing agent.

We may cancel, or otherwise nullify your account if you made any purchase or activity resulting in a refund or chargeback, resulting from fraud, illegal activity, violation of these Terms of Service, or technical error, or as otherwise required by law.

We reserve the right to make changes at any time to our fees and billing methods, including the addition of administrative or supplemental charges for any feature, with or without prior notice to you.

You can request a refund by contacting us at support@orfula.com.

If you believe that you have been erroneously billed for activity associated with your account, please notify our third-party billing agent immediately of such error. If you do not do so within thirty (30) days after such billing error first appears on any account statement, the fee in question will be deemed acceptable by you for all purposes, including resolution of inquiries made by or on behalf of your banking institution. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported within thirty (30) days of the bill being rendered to you. These terms shall supplement and be in addition to any terms required by third party billing entities we engage to provide billing services. You are responsible for review and compliance with such entity’s terms in addition to those contained in these Terms of Service.

We take credit card fraud very seriously. Discovery that you have used a stolen or fraudulent credit card will result in the notification of the appropriate law enforcement agencies and termination of your account.

These Terms of Service and all matters arising out of, or otherwise relating to, these Terms of Service shall be governed by the laws of the state of Kansas, excluding its conflict of law provisions. The sum of this paragraph is that any and all disputes must be, without exception, resolved in Sedgwick County, Kansas. All Parties to these Terms of Service agree that all actions or proceedings arising in connection with these Terms of Service or any services or business interactions between the Parties that may be subject to these Terms of Service shall be brought exclusively in Sedgwick County, Kansas. The Parties agree to exclusive jurisdiction and venue in, and only in, Sedgwick County, Kansas. The Parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the Parties with respect to, or arising out of, these Terms of Service in a jurisdiction other than that specified in this paragraph. All Parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines challenging venue or jurisdiction, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under these Terms of Service whatsoever. All Parties stipulate that the courts located in Sedgwick County, Kansas shall have personal jurisdiction over them for resolution of any litigation permitted by these Terms of Service. You agree to accept service of process by registered or certified mail, Federal Express, or Priority Mail, with proof of delivery or return receipt requested, sent to your last known address for any legal action arising from these Terms of Service. Any final judgment rendered against you or us in any action or proceeding shall be conclusive as to the subject matter and may be enforced in the courts located in Sedgwick County, Kansas or other jurisdictions in any manner provided by law if such enforcement becomes necessary.

You hereby waive any right or ability to initiate any class action or collective proceeding along with any right to trial by jury.

You acknowledge that remedies at law may be inadequate to provide us with full compensation in the event you breach these Terms of Service, and that we shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.

If we are required to enlist the assistance of an attorney, investigator, collections agent, or other person to collect any damages or any other amount of money from you, or if we are required to seek the assistance of an attorney to pursue injunctive relief against you, then you additionally agree that you will reimburse us for all fees incurred in order to collect these damages or in order to seek injunctive relief from you. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the damages themselves. You agree that you will pay these fees and costs.

We provide access to Orfula and use of the Services “as is” and “with all faults.” We make no warranty that Orfula or the Services will meet your needs or requirements. We disclaim all warranties — express, statutory, or implied — including warranties of merchantability, fitness for a particular purpose, workmanlike effort, quality, suitability, truthfulness, usefulness, performance, accuracy, completeness, reliability, security, title, exclusivity, quiet enjoyment, non-infringement, and warranties that your access to Orfula or use of the Services will be uninterrupted, timely, secure, error-free, or that loss of Content will not occur, to the greatest extent provided by applicable law. We may change any of the information found on Orfula at any time or remove any or all Materials thereon. We make no commitment to update the Materials. We make no warranty regarding any goods or services purchased or obtained through Orfula or any transaction entered into through Orfula. There are no warranties of any kind that extend beyond the face of these Terms of Service or that arise because of course of performance, course of dealing, or usage of trade.

You expressly agree that access to Orfula and use of the Services is at your own and sole risk. You understand that we cannot and do not guarantee or warrant that Orfula or the Services will be free of viruses, malware, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. We do not assume any responsibility or risk for your access to or use of the Internet, Orfula, or the Services. You understand and agree that any Materials downloaded or otherwise obtained through Orfula is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from your activity.

Orfula may contain links to websites or resources owned and operated by our users or third parties. You understand and agree that we have no control over, are not responsible for, and do not screen nor warrant, endorse, guarantee, or assume responsibility for the goods or services provided by our users or on third-party links. We will not be a party to or be in any way responsible for monitoring any transaction between you and other providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. You agree to hold us harmless from any and all damages and liability that may result from use of third-party links that appear on Orfula and any advertising, services, goods, products, or other materials available on third-party links. We are not responsible for any use of confidential or private information by sellers or third parties. You agree that your use of any third-party link or the goods or services provided thereon is governed by the policies of those third parties, not by these Terms of Service or our other policies. We reserve the right to demote or remove any link at any time.

Access to Orfula and use of the Services in violation of any law is strictly prohibited. If we determine that you have provided or intend to purchase or provide any services in violation of any law, your ability to access Orfula and use the Services will be terminated immediately. We do hereby disclaim any liability for damages that may arise from you or any user providing any services that violates any law. You do hereby agree to defend, indemnify, and hold us harmless from any liability that may arise for us should you violate any law. You also agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any such claims by any party.

You agree to defend, indemnify, and hold harmless Orfula, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, or consequentially resulting or allegedly resulting from your actions, or the actions of another person under your authority, including without limitation to governmental agencies, use, misuse, or inability to use Orfula or the Materials, or any breach of these Terms of Service by you or another person under your authority. We shall promptly notify you by electronic mail of any such claim or suit, and we may cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or suit at our own expense, and choose our own legal counsel; however, we are not obligated to do so.

You acknowledge that we will not be liable to you for user-generated Materials or the offensive or illegal conduct of any person. You understand that the risk of harm or damage from this rests entirely with you, and you expressly release us from any liability arising out of user-generated Materials or the conduct of any person. You discharge, acquit, and otherwise release us, our parent company, agents, employees, officers, directors, shareholders, attorneys, and affiliates, from any and all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of Orfula including claims relating to the following:

Orfula is our brand name and trademark. We aggressively defend our intellectual property rights. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners or holders of such trademarks and service marks. All of the marks, logos, domains, and trademarks that you find on Orfula may not be used publicly except with express written permission from us, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Orfula.

The Materials are our proprietary information and valuable intellectual property. We retain all right, title, and interest in such Materials. Orfula, the Materials, and our software are protected by copyright law. The Materials may not be copied, downloaded, distributed, republished, modified, uploaded, posted, or transmitted in any way without our prior written consent. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of the Materials except as expressly provided in these Terms of Service violates our intellectual property rights.

These Terms of Service and any other legal notice or agreement published by us on Orfula, forms the entire agreement between you and us concerning your use of Orfula. It supersedes all prior terms, understandings, or agreements between you and us regarding use of Orfula. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in any proceedings based on or relating to these terms. Such version of these Terms of Service shall be utilized to the same evidentiary extent, and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You understand and agree that we may use certain third-party service providers to offer the Services to you. You understand and agree that you must agree to and abide by any user terms, privacy policy, or other policy that such third party requires you to agree to in order to use their services. In the event of a conflict between those policies and our policies, the terms of our policies shall govern.

We may assign any rights or delegate any performance under these Terms of Service without notice to you. You will not assign, delegate, or sublicense any of your rights or duties without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.

If any provision of these Terms of Service is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force, if the essential terms for each party remain valid, binding, and enforceable.

All rights and remedies provided in these Terms of Service are cumulative and not exclusive, and the assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.

These Terms of Service inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign its rights or delegate its performance under these Terms of Service.

We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; epidemics; pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors.

Any notice required to be given by us under these Terms of Service may be provided by email to a functioning email address of the party to be noticed, by a general posting on Orfula, or by personal delivery via commercial carrier. Notices by customers to us shall be given by contacting us at support@orfula.com unless otherwise specified in these Terms of Service. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of these Terms of Service. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier shall be deemed delivered on the business day following mailing. Notices delivered by any other method shall be deemed given upon receipt. Either party may, by giving the other party appropriate written notice, change the designated address, email address, or recipient for any notice hereunder. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, email server, or overnight delivery service.

We do not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to us shall be deemed to be readily accessible to the general public. Notice is hereby given that all messages entered into Orfula may be read by the agents and operators of Orfula, regardless of whether they are the intended recipients of such messages.

We allow you to access and use Orfula, the Services, and the Materials, as limited by your additional purchase of certain paid features and upgrades, in consideration for your acquiescence to all the provisions in these Terms of Service. You agree that such consideration is both adequate and received upon your viewing or downloading any portion of Orfula.

You agree to be bound by any affirmation, assent, or agreement you transmit through Orfula. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded button, check box, or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

We have written these Terms of Service and our associated website policies in the English language. You are representing your understanding and assent to the English language version of these Terms of Service as they are published. We are not liable to you or any third party for any costs or expenses incurred in translating these Terms of Service. In the event that you choose to translate these Terms of Service, you do so at your own risk, as only the English language version is binding.

You understand and acknowledge that the software elements of the Materials on Orfula may be subject to regulation by governmental agencies which prohibit export or diversion of software and other goods to certain countries and third parties. Diversion of such Materials contrary to U.S. or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the Materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities

Nothing in these Terms of Service shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.

In these Terms of Service, unless otherwise stated or the context otherwise requires, the following usages will apply:

No waiver or action made by us shall be deemed a waiver of any subsequent default of the same provision of these Terms of Service. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms of Service.

All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms of Service.

We make no representation that Orfula, the Services, or any of the Materials are appropriate or available for use in all locations. You may not access Orfula, the Services, or the Materials from territories where their contents may be illegal or is otherwise prohibited. Those who choose to access Orfula and use the Services from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in these Terms of Service shall be interpreted as an admission that Orfula is subject to the laws of any nation besides the United States.

You are subject to the laws of the state, province, city, country, or other legal entity in which you reside or from which you access Orfula. Orfula IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account or use Orfula while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Terms of Service, and subject to having your account suspended or terminated without any notice to you. You hereby agree that Orfula cannot be held liable if laws applicable to you restrict or prohibit your participation. Orfula makes no representations or warranties, implicit or explicit, as to your legal right to participate in any Service offered on Orfula, nor shall any person affiliated, or claiming affiliation, with Orfula have authority to make any such representations or warranties. We reserve the right to restrict access to Orfula in any jurisdiction.