Terms and Conditions

General Responsibilities

As a user of our website and services, you agree to:

• 1. Provide accurate, current, and complete information when communicating with us or submitting any forms
• 2. Maintain the confidentiality of any account credentials or sensitive information shared during our engagement
• 3. Use our services only for lawful purposes and in accordance with these terms
• 4. Comply with all applicable local, state, national, and international laws and regulations
• 5. Respect the intellectual property rights of Orbitane and third parties

Prohibited Conduct

You expressly agree not to:

• 1. Engage in any activity that interferes with or disrupts our services or the servers and networks connected to our services
• 2. Attempt to gain unauthorized access to any portion of our website, systems, or networks
• 3. Use any automated system, including robots, spiders, or scrapers, to access our services without permission
• 4. Impersonate any person or entity, or falsely state or misrepresent your affiliation with any organization
• 5. Transmit any harmful code, including viruses, worms, malware, or any other destructive software
• 6. Collect or harvest personal information about other users without their explicit consent
• 7. Use our services for any fraudulent, deceptive, or unlawful activity
• 8. Reproduce, duplicate, copy, sell, or exploit any portion of our services without express written permission

Professional Conduct

When engaging with our team or services, you agree to maintain professional and respectful communication. Harassment, abusive language, or threatening behavior will not be tolerated and may result in immediate termination of services.

User-Submitted Content

If you submit any content, information, or materials to us, you represent and warrant that:

• 1. You own or have the necessary rights to the content you submit
• 2. The content does not infringe on any third party's intellectual property rights
• 3. The content does not contain defamatory, obscene, or otherwise unlawful material
• 4. The content does not violate any applicable law, regulation, or third-party rights

License Grant

By submitting content to us, you grant Orbitane a worldwide, non-exclusive, royalty-free, perpetual license to use, reproduce, modify, and incorporate such content for the purpose of providing services and improving our offerings.

Content Moderation

We reserve the right, but are not obligated, to monitor, review, or remove any content that violates these terms or that we deem inappropriate, offensive, or potentially harmful.

Disclaimer of Warranties

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• • Implied warranties of merchantability and fitness for a particular purpose
• • Warranties regarding the accuracy, reliability, or completeness of content
• • Warranties that services will be uninterrupted, timely, secure, or error-free
• • Warranties regarding results obtained from the use of our services

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ORBITANE SHALL NOT BE LIABLE FOR:

• 1. Any indirect, incidental, special, consequential, or punitive damages
• 2. Loss of profits, revenue, data, or business opportunities
• 3. Business interruption or loss of goodwill
• 4. Costs of procurement of substitute goods or services
• 5. Any damages arising from your use or inability to use our services

In no event shall our total liability exceed the amount you paid us in the twelve months preceding the claim, or one hundred dollars, whichever is greater.

Marketing Results Disclaimer

We do not guarantee specific marketing results, outcomes, or performance metrics. Marketing effectiveness depends on numerous factors including market conditions, product quality, competitive landscape, pricing, client implementation, and circumstances beyond our control. Past performance and case studies do not guarantee future results.

Third-Party Services

We are not responsible for the availability, content, privacy policies, or practices of any third-party websites or services that may be linked from our website or referenced in our communications. Your use of third-party services is at your own risk.

Data Collection and Use

We collect and process personal data in accordance with applicable privacy laws and our Privacy Policy. You consent to such collection and processing as described in our Privacy Policy.

Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of our relationship. This obligation continues even after termination of services.

Data Security

While we implement reasonable security measures to protect your data, you acknowledge that no method of electronic transmission or storage is completely secure. You are responsible for maintaining the security of any information you provide to us.

Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the United States, without giving effect to any principles of conflicts of law. You agree that any legal action or proceeding relating to these terms shall be brought exclusively in courts of competent jurisdiction in the United States.

Dispute Resolution Process

In the event of any dispute, controversy, or claim arising from or relating to these terms:

• 1. The parties agree to first attempt to resolve the dispute through good-faith negotiation
• 2. If negotiation fails within 30 days, the parties may pursue mediation with a mutually agreed-upon mediator
• 3. If mediation is unsuccessful, disputes may be resolved through binding arbitration or litigation as permitted by law

Class Action Waiver

You agree that any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Jurisdiction and Venue

You consent to the personal jurisdiction of courts located in the United States for any actions not subject to arbitration. You waive any objection to venue in such courts and any claim that such courts are an inconvenient forum.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to use of our services must be filed within one year after such claim arose or be forever barred.

Ownership of Content

All content, materials, trademarks, service marks, trade names, and intellectual property on our website are owned by or licensed to Orbitane. This includes but is not limited to text, graphics, logos, images, audio, video, software, and methodologies.

Restrictions on Use

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material on our website, except as incidental to normal web browsing or as explicitly authorized in writing.

Trademark Protection

Orbitane's name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Orbitane. You may not use these marks without our prior written permission.

Copyright Infringement Claims

If you believe any content on our website infringes your copyright, please contact us with detailed information about the alleged infringement. We will investigate and take appropriate action in accordance with applicable copyright laws.

Eligibility

By using our services, you represent that you are at least 18 years of age and have the legal capacity to enter into binding contracts. If you are accessing our services on behalf of a company or organization, you represent that you have the authority to bind that entity to these terms.

Account Security

If you create an account or receive access credentials for any of our services, you are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

Account Termination

We reserve the right to suspend or terminate your account and access to our services at any time, with or without cause or notice, if we believe you have violated these terms or engaged in conduct harmful to our business or other users.

Changes to Terms

We reserve the right to modify, amend, or update these Terms and Conditions at any time. Material changes will be indicated by updating the "Last updated" date at the top of this document.

Notice of Changes

We may notify you of significant changes through email, website notice, or other reasonable means. However, you are responsible for regularly reviewing these terms to stay informed of any updates.

Acceptance of Changes

Your continued use of our services after any modifications to these terms constitutes your acceptance of such changes. If you do not agree to the modified terms, you must discontinue use of our services immediately.

Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice or liability. This includes changing features, functionality, pricing, or availability of services.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Cookie Policy, and any service agreements, constitute the entire agreement between you and Orbitane regarding your use of our services and supersede all prior agreements and understandings.

Severability

If any provision of these terms is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

No Waiver

Our failure to enforce any right or provision of these terms shall not be deemed a waiver of such right or provision. Any waiver of any provision shall only be effective if made in writing and signed by an authorized representative of Orbitane.

Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these terms without our prior written consent. We may assign our rights and obligations without restriction.

Headings

The headings and section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.

Force Majeure

Neither party shall be liable for any failure or delay in performance under these terms due to causes beyond their reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

Survival

Provisions of these Terms and Conditions which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.