Terms & Conditions
Information We Collect:
- Personal Information: Personal information is information about your customers that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available. Your customers may voluntarily provide personal information about yourself in connection with your participation in Orbee's services.
How We Use the Information We Collect:
We use the personal information you provide to us in the following ways:
- To deliver the services you have requested, such as responding to information requests, analytics, or providing access to website features or services.
- For our internal purposes unrelated to any specific service we deliver to you, such as to help improve our website, better understand our customers’ needs or to develop new offerings in which you may be interested.
- To compile statistics and reports regarding our audience and the users of our websites, products and services, which may include combining the personal information you provide with information we obtain from other companies.
- To share with our related companies or trusted third parties so that they may assist us with our use of the personal information to help your dealership market to your customers better.
Using Other Information:
We use non-personal info we collect about your customers, such as cookie, pixeling and server log data, in the following ways:
- To customize and improve your customer’s experience with your dealership websites and services.
- To deliver interest-based advertising to your customers that is targeted to the interests we identify through your customer’s online activities.
- To compile statistics and reports regarding our audience and the users of your websites, products and services.
- To share with our related companies or trusted third parties so that they may assist us with our use of the information, including providing us with audience segmentation and related information to help your dealership in their digital marketing efforts.
Compliance with Law and Changes of Control
Service and Support: Service and support is a priority and we will endeavor to get back to you to fix the problem that you may have with our site as soon as reasonably possible in most instances within 24 hours.
Restrictions and Responsibilities: Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the services Orbee provides or any software, documentation or data related to the services Orbee provides; modify, translate, or create derivative works based on the services or any software (except to the extent expressly permitted by Orbee or authorized within the Services); or remove any proprietary notices or labels.
Warranty and Disclaimer: Orbee endeavors to match or exceed prevailing industry standards to minimize errors and interruptions in the Services and perform the Services and Implementation Services in a professional and workmanlike manner. If at any time Customer believes that Orbee has failed to meet such standards, Customer may cancel its subscription at any time upon 14 days’ prior notice. Customer acknowledges that Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Orbee or by third-party providers, or because of other causes beyond Orbee’s reasonable control. Notwithstanding the foregoing or anything to the contrary contained herein or that may be communicated verbally or otherwise, Orbee does not warrant that the Services, the Implementation Services or any report or documentation produced as a result thereof or in connection therewith will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the Services, the Implementation Services or any report or documentation produced as a result thereof or in connection therewith. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES, IMPLEMENTATION SERVICES, and all reports, documentation and other products, information, materials and services provided by orbee ARE PROVIDED “AS IS” AND ORBEE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER (INCLUDING ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE), AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ORBEE MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES OR DOCUMENTATION, OR ANY OTHER THIRD-PARTY GOODS, SERVICES, TECHNOLOGIES OR MATERIALS (INCLUDING ANY SOFTWARE OR HARDWARE), OR ANY PRODUCTS OR RESULTS OF THE USE OF ANY OF THEM, ARE ACCURATE, CURRENT OR COMPLETE OR WILL MEET CUSTOMER’S OR OTHER PERSONS' REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OTHER GOODS, SERVICES, TECHNOLOGIES OR MATERIALS (INCLUDING ANY SOFTWARE, HARDWARE, SYSTEM OR NETWORK) EXCEPT IF AND TO THE EXTENT EXPRESSLY SET FORTH IN THE DOCUMENTATION, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL DATA ANALYTICS REPORTS AND SIMILAR REPORTS, DOCUMENTATION AND PRODUCTS ARE PROVIDED "AS IS" WITHOUT ANY GUARANTEE OR WARRANTY AS TO CORRECTNESS, CURRENTNESS OR COMPLETENESS; CUSTOMER ASSUMES ALL RISK OF USE OF ANY SUCH REPORT, DOCUMENTATION OR PRODUCT.
Limitation of Liability: NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN OR COMMUNICATED VERBALLY OR OTHERWISE, ORBEE AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE: (A) FOR ANY ERROR OR OMISSION IN THE SERVICES, IMPLEMENTATION SERVICES, OR ANY reports, documentation OR other products, information, materials OR services provided by orbee UNLESS SUCH ERROR OR OMISSION DIRECTLY RESULTS FROM ORBEE’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (B) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (C) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (D) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; (E) FOR INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES OR PROFITS, (F) FOR LOSS OF GOODWILL OR REPUTATION, (G) FOR LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (H) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 6 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
Confidentiality: Customer shall not disclose, and shall cause its representatives and agents not to disclose, to any third party the terms of this Agreement (including without limitation the financial terms)