Terms of Service

The following terms and conditions govern all use of the Orca Bay Consulting website and all content, services and products available at or through the website, including, but not limited to orcabayconsulting.com (taken together, the Website). The Website is owned and operated by Orca Bay Consulting Ltd. (“OBC”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, OBC’s Privacy Policy) and procedures that may be published from time to time on this Site by OBC (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by OBC, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
 

Your orcabayconsulting.com Account and Site.

If you contribute content to the blog on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and OBC may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause OBC liability. You must immediately notify OBC of any unauthorized uses of your blog, your account or any other breaches of security.  OBC will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors.

If you contribute to a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by OBC or otherwise;
  • your blog contribution is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
  • your blog contribution is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
  • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • 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;

By submitting Content to OBC for inclusion on your Website, you grant OBC a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, OBC will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, OBC has the right (though not the obligation) to, in OBC’s sole discretion (i) refuse or remove any content that, in OBC’s reasonable opinion, violates any OBC policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in OBC’s sole discretion. OBC will have no obligation to provide a refund of any amounts previously paid.

Responsibility of Website Visitors.


OBC has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, OBC does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. OBC disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which orcabayconsulting.com links, and that link to orcabayconsulting.com. OBC does not have any control over those non-OBC websites and webpages, and is not responsible for their contents or their use. By linking to a non-OBC website or webpage, OBC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. OBC disclaims any responsibility for any harm resulting from your use of non-OBC websites and webpages.

Copyright Infringement and DMCA Policy.

As OBC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by orcabayconsulting.com violates your copyright, you are encouraged to notify OBC in accordance with OBC’s Copyright Act (“OBCCA”) Policy. OBC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. OBC will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of OBC or others. In the case of such termination, OBC will have no obligation to provide a refund of any amounts previously paid to OBC.

Intellectual Property.

This Agreement does not transfer from OBC to you any OBC or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with OBC. OBC, Orca Bay Consulting Ltd, orcabayconsulting.com, the orcabayconsulting.com logo, and all other trademarks, service marks, graphics and logos used in connection with orcabayconsulting.com, or the Website are trademarks or registered trademarks of OBC or OBC’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any OBC or third-party trademarks.

Changes.

OBC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. OBC may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination.

OBC may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your OrcaBayConsulting.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a VIP Services account, such account can only be terminated by OBC if you materially breach this Agreement and fail to cure such breach within thirty (30) days from OBC’s notice to you thereof; provided that, OBC can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties.

The Website is provided “as is”. OBC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither OBC nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.  You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability.

In no event will OBC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to OBC under this agreement during the twelve (12) month period prior to the cause of action. OBC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with the OBC Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification.

You agree to indemnify and hold harmless OBC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous.

This Agreement constitutes the entire agreement between OBC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of OBC, or by the posting by OBC of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the province of British Columbia, Canada., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Vancouver, British Columbia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Arbitration Laws of British Columbia. The arbitration shall take place in Vancouver, British Columbia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; OBC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

 

Privacy Policy

Your privacy is critically important to us. At Orca Bay Consulting we have a few fundamental principles:

  • We don’t ask you for personal information unless we truly need it. (We can’t stand services that ask you for things like your gender or income level for no apparent reason.)
  • We don’t share your personal information with anyone except to comply with the law, develop our products, or protect our rights.
  • We don’t store personal information on our servers unless required for the on-going operation of one of our services.

If you have questions about deleting or correcting your personal data please contact our support team.  It is Orca Bay Consulting’s policy to respect your privacy regarding any information we may collect while operating our websites.

Website Visitors

Like most website operators, Orca Bay Consulting collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Orca Bay Consulting’s purpose in collecting non-personally identifying information is to better understand how Orca Bay Consulting’s visitors use its website.

Orca Bay Consulting also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on orcabayconsulting.com blogs. Orca Bay Consulting only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that blog commenter IP addresses are visible and disclosed to the administrators of the blog where the comment was left.

Gathering of Personally-Identifying Information.

Certain visitors to Orca Bay Consulting’s websites choose to interact with Orca Bay Consulting in ways that require Orca Bay Consulting to gather personally-identifying information. The amount and type of information that Orca Bay Consulting gathers depends on the nature of the interaction. For example, we ask visitors who sign up for an account with Orca  to provide a username and email address. Those who engage in transactions with Orca Bay Consulting – by purchasing access to the McAfee comment spam prevention service, for example – are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Orca Bay Consulting collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Orca Bay Consulting. Orca Bay Consulting does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Aggregated Statistics

Orca Bay Consulting may collect statistics about the behavior of visitors to its websites. For instance, Orca Bay Consulting may monitor the most popular blogs on the Orcabayconsulting.com site or use spam screened by the McAfee service to help identify spam. Orca Bay Consulting may display this information publicly or provide it to others. However, Orca Bay Consulting does not disclose personally-identifying information other than as described below.

Protection of Certain Personally-Identifying Information

Orca Bay Consulting discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Orca Bay Consulting’s behalf or to provide services available at Orca Bay Consulting’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Orca Bay Consulting’s websites, you consent to the transfer of such information to them. Orca Bay Consulting will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Orca Bay Consulting discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Orca Bay Consulting believes in good faith that disclosure is reasonably necessary to protect the property or rights of Orca Bay Consulting, third parties or the public at large. If you are a registered user of an Orca Bay Consulting website and have supplied your email address, Orca Bay Consulting may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Orca Bay Consulting and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Orca Bay Consulting takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Orca Bay Consulting uses cookies to help Orca Bay Consulting identify and track visitors, their usage of Orca Bay Consulting website, and their website access preferences. Orca Bay Consulting visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Orca Bay Consulting’s websites, with the drawback that certain features of Orca Bay Consulting’s websites may not function properly without the aid of cookies.

Business Transfers

If Orca Bay Consulting, or substantially all of its assets were acquired, or in the unlikely event that Orca Bay Consulting goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquiror of Orca Bay Consulting may continue to use your personal information as set forth in this policy.

Ads

Ads appearing on any of our websites may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Orca Bay Consulting and does not cover the use of cookies by any advertisers.

Comments

Comments and other content submitted to our McAfee anti-spam service are not saved on our servers unless they were marked as false positives, in which case we store them long enough to use them to improve the service to avoid future false positives.
 

Privacy Policy Changes

Although most changes are likely to be minor, Orca Bay Consulting may change its Privacy Policy from time to time, and in Orca Bay Consulting’s sole discretion. Orca Bay Consulting encourages visitors to frequently check this page for any changes to its Privacy Policy. If you have an orcabayconsulting.com account, you should also check your blog’s dashboard for alerts to these changes. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.