TERMS OF USE

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Helion Software, Inc. ("Company," “we,” “us,” or “our”), concerning your access to and use of the orcats.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in Oregon, United States and have our registered office at PO Box 3506, Salem, OR 97302, United States.

You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use.

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

By using the Site, you represent and warrant that:

1. All registration information you submit will be true, accurate, current, and complete.
2. You will maintain the accuracy of such information and promptly update such registration information as necessary.
3. You have the legal capacity and you agree to comply with these Terms of Use.
4. You are not a minor in the jurisdiction in which you reside.
5. You will not access the Site through automated or non-human means.
6. You will not use the Site for any illegal or unauthorized purpose.
7. Your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine that such username is inappropriate, obscene, or otherwise objectionable.

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

• Systematically retrieve data or other content from the Site to create or compile a collection, compilation, database, or directory without written permission.
• Trick, defraud, or mislead us and other users, especially to learn sensitive account information.
• Circumvent, disable, or otherwise interfere with security-related features of the Site.
• Use any information obtained from the Site in order to harass, abuse, or harm another person.
• Upload or transmit viruses, Trojan horses, or other harmful material.
• Engage in any automated use of the system, such as using scripts or scrapers.
• Attempt to impersonate another user or use the username of another user.

The Site may provide the opportunity to create, submit, post, display, transmit, or distribute Contributions. When you create or make available any Contributions, you represent and warrant that they comply with the rules listed below and in the Terms of Use.

• The Contributions do not infringe the proprietary rights of any third party.
• You are the creator and owner or have the necessary licenses, rights, consents, releases, and permissions.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions do not violate privacy or publicity rights of any third party.
• Your Contributions do not include offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

Any Submissions provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights and be entitled to unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

The Site may contain links to other websites ("Third-Party Websites") and Third-Party Content. We are not responsible for Third-Party Websites or Third-Party Content. If you decide to leave the Site to access Third-Party Websites, you do so at your own risk.

We reserve the right, but not the obligation, to monitor the Site for violations, take legal action, refuse or restrict access, remove content, and otherwise manage the Site to protect our rights and ensure proper functioning.

We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy. The Site is hosted in the United States; by using the Site you agree to transfer your data to and process it in the United States where applicable.

These Terms of Use shall remain in full force and effect while you use the Site. We reserve the right to deny access to the Site, terminate your use, or remove your content at any time, without notice or liability, for any reason.

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason. We are not obligated to update any information on our Site and have no liability for any modification, suspension, or discontinuance.

These Terms of Use and your use of the Site are governed by the laws of the State of Oregon, without regard to its conflict of law principles.

To expedite resolution and control the cost of any dispute, the Parties agree to first attempt to negotiate any Dispute informally for thirty (30) days before initiating arbitration. If the Parties cannot resolve a Dispute informally, it will be finally resolved through binding arbitration under the AAA rules, subject to the exceptions listed in these Terms.

Reference: www.adr.org

There may be information on the Site that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors and update the information at any time without prior notice.

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE.

You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand arising out of your use of the Site or breach of these Terms.

We will maintain certain data that you transmit to the Site for managing performance. Although we perform routine backups, you are solely responsible for all data that you transmit.

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that electronic delivery satisfies any legal requirement that such communication be in writing.

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.

These Terms of Use and any policies posted by us constitute the entire agreement and understanding between you and us. If any provision is determined to be unlawful, void, or unenforceable, that provision is severable and does not affect the validity of remaining provisions.

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Helion Software, Inc.
PO Box 3506
Salem, OR 97302
United States
publicsupport@helionsoft.com