OrangeTwist Terms of Use

INFORMATION ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

THE CONTENT PROVIDED ON THIS WEBSITE SHOULD BE USED FOR INFORMATIONAL PURPOSES ONLY. THIS WEBSITE IS NOT INTENDED TO PROVIDE MEDICAL INFORMATION AND SHOULD NOT BE RELIED UPON BY ANY PERSON FOR ANY MEDICAL, DIAGNOSTIC OR TREATMENT REASONS. ANY TESTIMONIALS FOUND ON THIS WEBSITE ARE NOT INTENDED TO REPRESENT OR GUARANTEE THAT ANY INDIVIDUAL WILL RECEIVE THE SAME OR SIMILAR RESULTS. THE RESULTS DESCRIBED IN THE TESTIMONIALS MAY NOT BE TYPICAL AND INDIVIDUAL RESULTS MAY VARY.

Information on this website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. OrangeTwist may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

Any comments or materials sent to OrangeTwist including feedback data, such as questions, comments, suggestions, or the like regarding the content of any such documents (collectively “Feedback”), shall be deemed to be non-confidential. OrangeTwist shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, OrangeTwist shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.

Information OrangeTwist publishes on the internet may contain references or cross references to OrangeTwist products, programs and services that are not announced or available in your country. Such references do not imply that OrangeTwist intends to announce such products, programs or services in your country. Consult your local OrangeTwist business contact for information regarding the products, programs and services, which may be available to you.

OrangeTwist makes no representations whatsoever about any other website, which you may access through this one. When you access a non-OrangeTwist website, please understand that it is independent from OrangeTwist, and that OrangeTwist has no control over the content on that website. In addition, a link to a non-OrangeTwist website does not mean that OrangeTwist endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

This site is designed and maintained by OrangeTwist All content included in this website, including but not limited to text, design, graphics, and audio clips, (the “Content”) are subject to the copyright and other intellectual property rights of OrangeTwist Content may not be reproduced, copied, downloaded, distributed, reused or modified without prior written permission from OrangeTwist

All listings, advertisements, other information, and all rights and remedies arising therefrom, or from the use of this website or any portion hereof, are governed exclusively by the laws of California, without regard to the conflicts of laws, and your use of this website is your acceptance of the said laws. The user also agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts located in Orange County, California.

IN NO EVENT WILL ORANGETWIST BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Dispute Resolution.

In General. In the interest of resolving disputes between you and OrangeTwist in the most expedient and cost effective manner, you and OrangeTwist agree that any dispute arising out of or in any way related to these terms or your use of the Service will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. These terms to arbitrate disputes includes all claims arising out of or in any way related to these terms or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these terms. YOU UNDERSTAND AND AGREE THAT, UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW IN YOUR JURISDICTION, BY ENTERING INTO THESE TERMS, YOU AND ORANGETWIST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION. YOU FURTHER UNDERSTAND THAT THESE DISPUTE RESOLUTION TERMS WILL APPLY TO YOU AND ORANGETWIST UNLESS YOU CHOOSE TO OPT OUT AS PROVIDED BELOW. Whether to agree to arbitration is an important business decision. It is your decision to make, and you should not rely solely on the information provided in these terms as it is not intended to contain a complete explanation of the consequences of arbitration. You should take further steps to conduct research and to consult with others, including, but not limited to, an attorney, regarding the consequences of your decision, just as you would when making any other important business or life decision.

Exceptions. Despite the provisions above, nothing in these terms will be deemed to waive, preclude, or otherwise limit the right of either party to (1) bring an individual action in small claims court; (2) bring an action in a court pursuant to the California Private Attorneys General Act of 2004, California Labor Code § 2698 et seq.; (3) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

Arbitrator. Any arbitration between you and OrangeTwist will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting OrangeTwist. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

Notice and Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail or electronic mail within the applicable statute of limitations period (“Notice”). OrangeTwist’s address for Notice is as follows: info@orangetwist.com. The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or OrangeTwist may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or OrangeTwist must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, OrangeTwist will pay you the highest of the following: (a) the amount awarded by the arbitrator, if any; (b) the last written settlement amount offered by OrangeTwist in settlement of the dispute prior to the arbitrator’s award; or (c) $1,000.00.

No Class Actions. UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW IN YOUR JURISDICTION, YOU AND ORANGETWIST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING (OTHER THAN ACTIONS UNDER THE CALIFORNIA PRIVATE ATTORNEYS GENERAL ACT OF 2004, CALIFORNIA LABOR CODE § 2698 ET SEQ. WHICH ARE NOT COVERED BY THIS SECTION 18). Further, unless both you and OrangeTwist agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Modifications to this Arbitration Provisions. If OrangeTwist makes any future change to this arbitration provision, other than a change to OrangeTwist’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to OrangeTwist’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and OrangeTwist. If you do not send such written notice, your continued use of the Service following any such change means that you have consented to such change.

Enforceability. If this section is found to be unenforceable or if the entirety of the dispute resolution terms are found to be unenforceable, then the entirety of such provision will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described below will govern any action arising out of or related to these terms or your use of the Service.

Opt Out. Arbitration is not a mandatory condition of these terms. If you do not want to be subject to this Dispute Resolution provision, you may opt out of this Dispute Resolution provision by notifying OrangeTwist in writing of your decision by sending, within 30 days of the date you receive these terms, an electronic message to info@orangetwist.com, clearly stating your full name and intent to opt out of the Dispute Resolution provision. Should you choose not to opt out of this Dispute Resolution provision within the 30-day period, you and OrangeTwist will be bound by the terms of this Dispute Resolution provision. You have the right to consult with counsel of your choice concerning this Dispute Resolution provision. You understand that you will not be subject to retaliation if you exercise your right to opt out of coverage under this Dispute Resolution provision.

Protected Activity Not Prohibited. You should understand that, insofar as permitted by applicable law, nothing in these terms will in any way limit or prohibit you from filing a charge or complaint with, or otherwise communicating or cooperating with or participating in any investigation or proceeding (“Protected Activity”) that may be conducted by any federal, state, or local government agency or commission (“Government Agencies”). You understand that in connection with such Protected Activity, you are permitted to disclose documents or other information as permitted by law, and without giving notice to, or receiving authorization from, OrangeTwist. Notwithstanding, in making any such disclosures or communications, you agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute OrangeTwist confidential information to any parties other than the Government Agencies.

Governing Law/Waiver of Trial by Jury. 

The laws of the State of California, excluding its conflicts of law rules, govern these terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws; provided, however, that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any provision of these terms. To the extent that any action relating to any dispute under these terms is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in Orange County, California and you irrevocably submit to personal jurisdiction in such courts and waive any defense of inconvenient forum.

EXCEPT WHERE PROHIBITED BY LAW, THE PARTIES EXPRESSLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS.

Notices. All notices, requests, or consents required or permitted under these terms will be in writing (including electronic form) and will be delivered to the address as the party may designate in a notice served upon the other party in the manner provided for below.  Each notice, request, consent, or other communication will be given and will be effective: (1) if delivered by hand, when so delivered; (2) if delivered by nationally recognized overnight courier service or sent by United States Express Mail, upon confirmation of delivery; (3) if delivered by certified or registered mail, on the third following day after deposit with the United States Postal Service; or (4) if delivered by facsimile, upon confirmation of successful transmission, and if delivered by email, upon confirmation of successful transmission based on the electronic records of the OrangeTwist.

Severability.  The provisions of these terms are severable.  The invalidity, in whole or in part, of any provision of these terms will not affect the validity or enforceability of any other of its provisions.  If one or more provisions of these terms are declared invalid or unenforceable, the remaining provisions will remain in full force and effect and will be construed in the broadest possible manner to effectuate the purposes of these terms.