Effective date: May 2022
PLEASE READ THIS TERMS OF SERVICE AGREEMENT (TOS) CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS IN USING OUR WEBSITE AND OUR SERVICE. THIS TOS IS IN ADDITION TO ANY SIGNED AGREEMENT WITH ORANGE LITHIUM.
Orange Lithium reserves the right to revise its policies at any time without notice. You may check this page anytime for any TOS updates.
This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between Orange Lithium, LLC, a Wyoming limited liability company (“Orange Lithium”) and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance on any service agreement Orange Lithium offers. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”). Services Agreements and additional policies apply to certain Services and are in addition to (not in lieu of) this Agreement. In the event of a conflict between the provisions of a Services Agreement and the provisions of this Agreement, the provisions of the applicable Services Agreement shall control. The terms “we”, “us” or “our” shall refer Orange Lithium. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Account Billing & Notifications / Email on File
Our account billing system requires a client email. It is your responsibility to provide us with an email address which is currently active for our billing notifications. All billing as well as all other email notifications will use this primary email address on file.
Third Party Providers
All transactions with third party providers are solely between the visitor, individual provider, and You. Orange Lithium is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction. Some products provided by Orange Lithium are provided under license with vendors, and the use of any such third party products will be governed by the applicable license agreement, if any, with such third party.
All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing.
While we may or may not bill you for the third party services, we do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.
Backups and Control Panel Access
Backing up your website and database is your responsibility. We will provide you Control Panel access to your website files to download in order to backup. You may email or call us for your username / password at anytime. Only emails on file within our account system will receive username/password. It is your responsibility to back up all files and databases via your control.
Orange Lithium is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data backups and to maintain all appropriate backup of files and data for your website at all times.
Orange Lithium offers bi-monthly maintenance for an additional charge. Contact us to add this service.
Orange Lithium Services
Orange Lithium services, including all related equipment, networks and network devices are provided only for authorized customer use. Orange Lithium systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Orange Lithium system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Orange Lithium may, at its discretion, request and require documentation to prove access to a third party network or system.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to emails for abuse within 48 hours may result in the suspension or termination of your services.
HIPAA Disclaimer and PCI DSS Compliance
We are not “HIPAA compliant.” and do not offer PCI DSS compliance hosting.
Users are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. Users acknowledge that the Orange Lithium services may not be appropriate for the storage or control of access to sensitive data, such as information about financial, medical or health information. Orange Lithium does not control or monitor the information or data you store on, or transmit through, our services. We specifically disclaim any representation or warranty that Orange Lithium services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”) or PCI DSS standards. Customers requiring secure storage of “protected health information” under HIPAA or PCI DSS compliance are expressly prohibited from using Orange Lithium service for such purposes. Storing and permitting access to “protected health information,” as defined under HIPAA is a material violation of this Terms of Service, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that Orange Lithium is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA or PCI DSS.
Hours of Operation
Orange Lithium, LLC company (“Orange Lithium”) office is open Monday – Friday 9 a.m. – 6 p.m. CST. Our office is closed on Labor Day, Thanksgiving, Christmas Day and New Year’s Day.
Zero Tolerance Spam Policy
We take a zero tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists”, purchased lists, and the selling of lists will be treated as spam. Any user who sends out spam may have their account terminated with or without notice.
Both parties agree to electronic signatures for all transactions, unless agreed other wise.
You agree to pay for the services received from Orange Lithium, in advance of the time period during which such services are provided. Subject to all applicable laws, rules, and regulations, all payments will apply to the oldest invoice(s) in your billing account. As a client of Orange Lithium, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Orange Lithium of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be done in writing via email to email@example.com. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled.
Orange Lithium provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 3 days and not paid will result in a 5% late fee. Any invoice not paid after 21 days can result in an account suspension until the account balance has been paid in full. After 60 days, the account will be terminated and all data files may be deleted.
Orange Lithium reserves the right to change the monthly payment amount and any other charges with prior day email notice.
Orange Lithium does not warranty websites, hosting, or any other electronic online service that we offer. Once we release a WordPress website to a client and the client is added as a user, there is no warranty of the website build.
Customer agrees to use all Services and any information obtained through or from Company, at Customer’s own risk. Customer acknowledges and agrees that Company exercises no control over, and accepts no responsibility for, the content of the information passing through Company’s host computers, network hubs and points of presence or the Internet. YOU UNDERSTAND AND AGREE THAT ORANGE LITHIUM SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF COMPANY, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, AN “COMPANY PERSON”) MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY SERVICE OR EQUIPMENT COMPANY PROVIDES. ORANGE LITHIUM DOES NOT WARRANT THAT ORANGE LITHIUM SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. NO COMPANY PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. COMPANY IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER’S CUSTOMERS VIA THE SERVICES PROVIDED BY COMPANY. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY COMPANY PERSON, WILL CREATE A WARRANTY; NOR MAY CUSTOMER RELY ON ANY SUCH INFORMATION OR ADVICE.
The terms of this section shall survive any termination of this Agreement.
Customer agrees that it shall defend, indemnify, save, and hold Orange Lithium harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Orange Lithium, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Orange Lithium against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Orange Lithium; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Orange Lithium’s server.
CUSTOMER AGREES ORANGE LITHIUM SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NO DELIVERIES, WRONG DELIVERY, NO BACKUP, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY ORANGE LITHIUM AND ITS EMPLOYEES. ORANGE LITHIUM SERVICES ARE PROVIDED ON AN “AS IS” BASIS. UNLESS EXPRESSLY SET FORTH IN THIS TERM OF USE, ORANGE LITHIUM MAKES NO, AND EXPRESSLY DISCLAIMS ANY, REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE THEREOF. ORANGE LITHIUM IS NOT PERMITTED TO PROVIDE, AND DOES NOT PROVIDE, LEGAL ADVICE, AND CLIENT IS SOLELY RESPONSIBLE FOR COMPLIANCE OF ALL CONTENT AND ADVERTISING WITH ALL LOCAL, STATE AND FEDERAL LAWS AND REGULATIONS AND PROFESSIONAL RULES AND REGULATIONS APPLICABLE TO THE CLIENT. RECORDED CALLS MAY NOT MEET HIPAA REQUIREMENTS AND MAY NOT BE PRIVILEGED UNDER APPLICABLE LAW.
CUSTOMER AGREES ORANGE LITHIUM WILL NOT BE LIABLE TO CLIENT (NOR TO ANY PERSON OR ENTITY CLAIMING RIGHTS DERIVED FROM CLIENT’S RIGHTS) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING COST OF COVER, LOST REVENUES OR PROFITS OR LOSS OF BUSINESS OR DATA, ARISING OUT OF OR RELATING TO THE AGREEMENT, REGARDLESS OF WHETHER ORANGE LITHIUM WAS ADVISED, HAD OTHER REASON TO KNOW, OR KNEW OF THE POSSIBILITY THEREOF. CLIENT AGREES THEY SHALL HAVE NO RECOURSE AGAINST ORANGE LITHIUM OR ITS DESIGNEES FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF CLIENT’S PROPRIETARY RIGHTS BY THIRD PARTIES OR FOR LOSS OR HARM DUE TO UNAUTHORIZED USE OF CLIENT’S CONTENT OR ADVERTISEMENT BY THIRD PARTIES. IN ANY EVENT, ORANGE LITHIUM’s MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO THE AGREEMENT, WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS PAID BY CLIENT TO ORANGE LITHIUM HEREUNDER WITHIN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
Terminations, Cancellation, or Suspension of any Services or Projects
Project deposits are used to lock in start dates and block-out labor time hours for a project. Due to this, and in the event that work is postponed or canceled at the request of CLIENT, Orange Lithium shall have the right to retain the original deposit. In the event this amount is not sufficient to cover Orange Lithium for time and expense already invested in the project, additional payment will be due. If additional payment is due, this will be billed to the CLIENT within 10 days of notification of cancellation. Files cannot be released until payment of any remaining labor time is made.
Billing is made in 30 day billing periods. Cancellations made prior to 30 days cannot be refunded for that month of service.
Prior to initiating any dispute action by either party, the initiating party shall give the other party 60 days written notice of its dispute of this Term of Use. Orange Lithium will provide such notice by e-mail to Client’s e-mail address on file with Orange Lithium, and Client must provide such notice by e-mail to firstname.lastname@example.org. During such notice period, the parties will endeavor to settle amicably by mutual discussions and any disputes, differences or claims whatsoever related to this Term of Use. Failing such amicable settlement and expiration of the notice period, any controversy, claim or dispute arising under or relating to this Term of Use shall finally be settled by American Arbitration Association.
Binding Arbitration Agreement
In arbitration, an informal hearing will be held in accordance with the binding arbitration rules by the American Arbitration Association. An arbitrator will render a decision which the arbitrator considers to be a fair resolution of the dispute. The arbitrator’s decision will be final and binding for both parties, and it is agreed that judgement on the decision may be entered in any court having jurisdiction. The arbitration shall be conducted in Travis County, Texas.
Disclosure to Law Enforcement
Orange Lithium may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.