Terms of Service

Last updated: January 1, 2025

1. Acceptance of Terms

By accessing or using our services, you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Orca Gateway. If you do not agree to these Terms, you must immediately cease using our services. By continuing to use our services, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions stated herein.

2. Use of Services

You agree to use our services only for lawful purposes and in accordance with these Terms. You are expressly prohibited from: (a) using the services in any way that violates any applicable laws or regulations; (b) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the service; (c) taking any action that imposes an unreasonable or disproportionately large load on our infrastructure; (d) uploading invalid data, viruses, worms, or other malicious software through the service; (e) impersonating another person or otherwise misrepresenting your affiliation with any person or entity.

3. Intellectual Property Rights

All content, features, and functionality of our services, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of Orca Gateway, its licensors, or other content suppliers and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. Any unauthorized use, reproduction, modification, distribution, transmission, republication, display, or performance of the content is strictly prohibited.

4. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ORCA GATEWAY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

5. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ORCA GATEWAY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; AND (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

6. Indemnification

You agree to defend, indemnify, and hold harmless Orca Gateway and its affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

7. Changes to Terms of Service

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms.

8. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms shall be exclusively brought in the federal or state courts located within the United States, and you hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction.

9. Contact Us

If you have any questions about these Terms of Service, please contact us at info@orcagateway.com.