ACCEPTANCE OF TERMS AND CONDITIONS

By using orivanahomes.com (hereinafter referred to as the “Site” or “We”), you indicate your acceptance of these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use our Site. We reserve the right to amend, modify, or update this policy at any time. We encourage visitors to review these Terms and Conditions from time to time. Continued use of the Site after changes to these Terms are posted constitutes acceptance of such changes.

1. Your Account

If you create an account on the Site, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to provide and maintain accurate, current, and complete information, including payment information and contact information for notices and other communications from us. You must not use false or misleading information in connection with your account.

2. User Responsibilities for the Site, Products, and/or Services

Your access to and use of the Site, Products, and/or Services must be lawful and in compliance with these Terms and any other agreement between you and us.

When accessing or using the Site, Products, and/or Services, you must always act in a civil and respectful manner. We strictly prohibit any use of the Site, Products, and/or Services, and you agree not to use the Site for any of the following purposes:

• Engaging in conduct that may constitute a criminal offense, give rise to civil liability, or violate any city, state, national, or international law or regulation, or that fails to comply with accepted Internet protocols;
• Communicating, transmitting, or posting material that is copyrighted or owned by a third party, unless you are the copyright owner or have permission from the owner to post such material;
• Communicating, transmitting, or posting material that discloses trade secrets, unless you own them or have permission from the owner;
• Communicating, transmitting, or posting material that infringes intellectual property rights, privacy rights, or publicity rights of others;
• Attempting to interfere in any way with the Site, or with our networks or network security, or attempting to use the Site to gain unauthorized access to any other computer system;
• Accessing data not intended for you or logging into a server or account that you are not authorized to access;

In addition, if you operate an account, contribute to an account, post material on the Site, post links on the Site, or otherwise make material available through the Site (any such material, “Content”), you are solely responsible for the Content and for any harm or damage resulting from that Content, regardless of whether the Content consists of text, graphics, audio files, or computer software. By submitting Content, you represent and warrant that:

• The downloading, copying, and use of the Content will not infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any third party;
• You have fully complied with any third-party licenses relating to the Content and have done all things necessary to successfully pass through to end users any required terms;
• The Content does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive content;
• The Content is not obscene, defamatory, hateful, racially or ethnically offensive, and does not violate the privacy or publicity rights of any third party.

You are responsible for taking necessary precautions to protect yourself and your computer systems from viruses, worms, and other harmful or destructive content. We will take reasonable precautions to prevent the transmission of harmful content from our technological systems to yours. We expressly disclaim any responsibility for any harm or damage arising from your access to or use of the Site, Products, and/or Services, or from your access to or use of third-party websites.

We reserve the right (but not the obligation) to (i) refuse or remove any Content that, in our reasonable opinion, violates any internal policy or is harmful or objectionable, or (ii) terminate or deny access to and use of the Site, Products, and/or Services to any individual for any reason, at our sole discretion.

3. Fees and Payments

By purchasing our Products and/or Services, you agree to pay the applicable fees or annual subscription charges for such Products or Services. The configuration and pricing of the Site, Products, and/or Services may change at any time, and we may modify configurations, fees, prices, and quotations, provided that no pricing changes shall apply to you during an active subscription term and shall only take effect after you agree to renew, upgrade, or extend the subscription. You agree to such changes unless you object in writing within seven (7) business days of receipt of an invoice, integration notice, or notification of changes in fees and/or pricing. All prices are exclusive of, and you shall be responsible for paying, all applicable taxes, duties, fees, or similar charges.

4. Use of Third-Party Content and Materials

By operating the Site, we do not represent or imply endorsement of any material posted on it, or that we believe such material to be accurate, useful, or non-harmful. The Site may contain offensive, indecent, or objectionable content, as well as content containing technical inaccuracies, typographical errors, or other mistakes. The Site may also contain material that violates privacy or publicity rights; infringes intellectual property or other proprietary rights of third parties; or whose downloading, copying, or use is subject to additional terms and conditions, whether stated or unstated. We disclaim all responsibility for any harm or damage resulting from the use or downloading of third-party postings on the Site.

5. Content Posted on Other Websites

We do not review and cannot review all material, including computer software, made available through websites and webpages to which the Site links, and that link to the Site. We have no control over those third-party websites and webpages and are not responsible for their content or use. By linking to a third-party website or webpage, we do not represent or imply endorsement of such website or webpage.

6. Copyright Infringement

We encourage you to respect the intellectual property rights of others. If you believe that material on the Site or linked by the Site infringes your copyright, please notify us immediately. We will respond to such notices, including by removing infringing material or disabling all links to infringing material, as appropriate.

7. Termination

You may terminate your agreement and close your account with us at any time, effective at the end of the current subscription term, by sending an email notice. We may terminate our relationship with you or terminate or suspend your access to the Site, Products, and/or Services at any time, including use of any software, if (i) you breach these Terms; (ii) we reasonably suspect that you are using the Site, Products, and/or Services to violate the law or infringe third-party rights; (iii) you fail to pay any amounts due to us; or (iv) you violate any applicable law or regulation. Upon termination for the foregoing reasons, no refunds will be issued and you will be denied access to the Site, Products, and/or Services, including all data therein. If you believe we have failed to perform or that the Services are defective, you must notify us in writing and allow fourteen (14) days for cure. If we fail to cure within such period, you may terminate the subscription with immediate effect by written notice.

8. Changes

The configuration and technical specifications of the Site, including but not limited to all existing content, Products, and Services, may be changed and/or updated from time to time at our sole discretion. You shall be bound by any such changes or updates unless such changes materially reduce the functionality and value of the Site, Products, and/or Services.

9. Special Notice Regarding Children

The Site is not designed for or intended for children under the age of 16, and our Products and Services may not be purchased by children under 16. We do not knowingly collect personal information from visitors under 16 years of age. If you are under 16, you must not submit any personal information to us and should only use the Site with the consent of a parent or legal guardian.

10. Warranty Disclaimer

We and our licensors make no warranties or representations regarding the Site, Products, or Services, or any linked site or its content, including the content, information, and materials therein, or their accuracy, completeness, or timeliness. We do not warrant that access to or use of the Site, Products, and/or Services will be uninterrupted or error-free, that defects will be corrected, or that the Site, Products, and/or Services or any linked site will be free of computer viruses or other harmful components. We assume no responsibility and shall not be liable for any damage to, or viruses that may infect, your computer equipment or other property due to your access to, use of, or browsing of the Site, or your downloading or uploading of any Content. If you are dissatisfied with the Site, your sole remedy is to discontinue use of the Site.

No advice, results, or information, whether oral or written, obtained from us or through the Site shall create any warranty not expressly stated herein. We do not necessarily endorse, support, sanction, encourage, or agree with any user content or the opinions, recommendations, content, links, data, or advice expressed or implied therein, and we expressly disclaim any and all liability in connection with user content and any materials or information available on or through the Site, Products, and/or Services that are created or provided by users or third parties.

11. Limitation of Liability

Under no circumstances shall any party, its subsidiaries or affiliates, directors, officers, employees, agents, or representatives be liable for any indirect, consequential, incidental, special, or punitive damages, including but not limited to loss of profits or business interruption, whether in contract or tort, including negligence, arising in any way from the use of the Site, Products, Services, and/or Content, or any hyperlinked website, even if advised of the possibility of such damages. Except for damages relating to proven or legally admitted intellectual property infringement caused by Products and/or Services distributed by a party without any third-party content, in all cases a party’s liability shall not exceed the total amount paid to us by you during the six (6) months immediately preceding the date the damage occurred.

12. Your Representations and Warranties

You represent and warrant that your use of the Site, Products, and/or Services complies with any agreement between you and us, the Privacy Policy, these Terms, and all applicable laws and regulations, including but not limited to any local, state, national, or other governmental laws or regulations relating to online conduct and acceptable content, and all applicable laws regarding the transmission of technical data exported from the country in which you reside.

13. Indemnification

Subject to the limitations set forth herein, the parties agree to defend, indemnify, and hold each other harmless, including their subsidiaries and affiliates, directors, officers, employees, agents, and representatives, from and against all claims, losses, damages, liabilities, and expenses (including but not limited to reasonable attorneys’ fees and court costs) arising out of, relating to, or in connection with (i) a material breach of these Terms or any agreement between the parties, or (ii) any allegation that any information or materials (including any Content) infringe any rights of any third party.

You understand and agree that by using the Products and/or Services, you are solely responsible for any data, including personally identifiable information, collected or processed through your account. You shall indemnify and hold us harmless, without limitation, for all damages relating to any alleged violation of data protection laws arising from your use of the Products and/or Services.

14. Miscellaneous

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be construed to reflect the original intent of the parties, and the remaining provisions shall remain in full force and effect. A waiver of any term or condition of these Terms or any breach thereof shall not constitute a waiver of such term or condition or any subsequent breach. You may assign your rights under these Terms only with written consent and agreement by the assignee to be bound hereby. We may assign our rights under these Terms at our sole discretion. These Terms shall bind and inure to the benefit of the parties, their successors, and permitted assigns. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Site, Products, and/or Services.