1.0 ACCEPTANCE OF TERMS
Orchid Advisors LLC (“Orchid”) provides this website database of firearm laws and regulations (“Database”) subject to the following Terms of Service, which may be updated by the Orchid or its representatives from time to time. The most current version of the TOS can be reviewed at any time through the use of our website. The Terms of Service govern both the Subscribers to the Database and their representatives, affiliates, and all other users (whether or not registered) granted access to this website and Database (collectively referred to hereafter as User). In consideration of the access to and use of the website and Database, User agrees to these Terms of Service (“TOS”).
2.0 ORCHID REPRESENTATIVES
For purposes of this TOS, the National Association of Sporting Goods Wholesalers (“NASGW”) shall be considered an Orchid representative.
3.0 DESCRIPTION OF DATABASE
The website currently provides Users and with access to the Database of state firearms laws and regulations through an online interface co-branded by Orchid and NASGW.
User is responsible for obtaining access to the Database and that access may involve third party fees (such as Internet Database provider or airtime charges). User is responsible for those fees. In addition, User must provide and is responsible for all equipment necessary to access the Database.
4.0 REGISTRATION OBLIGATIONS
In consideration of use of the Database, User agrees to the best of their abilities to: (a) provide current and complete information about themselves, their organization and its users as requested by the Orchid (such information being the “Registration Data”) and (b) maintain and update the Registration Data to keep it current and complete. In addition, User understands that in order to keep them informed of Orchid business items and events, that the Orchid may on a periodic basis send email based communications to the User notifying them of such items and events. User agrees that receiving these emails is a part of their use of the Database and if they wish to not receive these emails they must advise Orchid in writing or by email.
5.0 USER ACCOUNT, PASSWORD AND SECURITY
User will receive a username and password as part of the Database registration process. User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under such password or account. User agrees to (a) immediately notify the Orchid or its representatives of any unauthorized use of User’s password or account or any other breach of security, and (b) ensure that User exits from its account at the end of each session. Orchid and its representatives will not be liable for any loss or damage arising from User’s failure to comply with this Section.
6.0 USER CONDUCT
User agrees to comply with all applicable laws of the United States regarding online conduct and acceptable Content. Specifically, User agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which User resides.
User agrees to indemnify and hold the Orchid and its representatives, their subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of User’s use of the Database or any breach of the TOS.
8.0 NO RESALE OF DATABASE
User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Database.
9.0 ORCHID’S PROPRIETARY RIGHTS
User acknowledges and agrees that the Database and any necessary software used in connection with the Database contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by the Orchid and its representatives, User agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Database or the software, in whole or in part.
10.0 DISCLAIMER OF WARRANTIES
USER EXPRESSLY UNDERSTANDS AND AGREES THAT:
10.1 USER’S USE OF THE DATABASE IS AT ITS SOLE RISK TO THE EXTENT PERMITTED BY LAW. THE DATABASE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ORCHID AND ITS REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
10.2 ORCHID AND ITS REPRESENTATIVES MAKE NO WARRANTY THAT (i) THE DATABASE AND INFORMATION RECEIVED THROUGH THE DATABASE WILL MEET USER’S REQUIREMENTS, (ii) THE DATABASE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS-FREE, (iii) ANY INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE DATABASE WILL BE ACCURATE, COMPLETE OR RELIABLE, (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
10.3 ANY MATERIAL DOWNLOADED, VIEWED OR OTHERWISE OBTAINED THROUGH THE USE OF THE DATABASE IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEMS AND NETWORKS, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, VIEWING OR USE OF ANY SUCH MATERIAL.
10.4 By using the Database, User agrees that Orchid and its representatives will not be liable for any damages or losses whatsoever. Orchid and its representatives make no warranty or representation as to the accuracy, completeness or legal interpretation of the content in its licensed materials. This material does not provide legal advice and should be used as an operational guide to enhance awareness. It does not replace User’s responsibility for obtaining professional advice and reading and complying with the law. It is possible that a JURISDICTION may have passed a more recent law or issued interpretations or regulations that have yet to be published and captured in the Database.
Notices to User may be made via either email or regular mail.
12.0 TRADEMARKS AND LOGOS.
All trademarks, service marks, trade names or other words or symbols (“Marks”) identifying Orchid and its representatives will remain such Party’s exclusive property. User agrees to not take any action that jeopardizes the other Party’s proprietary rights or acquire any rights in the Marks. Except as specifically stated otherwise in an addendum or amendment hereto, no license to use any Orchid logo, or the logos of their representatives is granted in this section.
13.1 The TOS and any related agreements between User and the Orchid and its representatives constitute the entire agreement between User and the Orchid and its representatives and govern your use of the Database, superseding any prior agreements between you and the Orchid and its representatives. The failure of the Orchid or its representatives to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
13.2 This Agreement is made in and shall be interpreted, construed, and governed according to the internal laws (excluding conflicts rules) of the State of Connecticut. Any action, claim, and proceeding brought by either party hereunder shall be commenced exclusively in the federal or state courts located in the State of Connecticut and each party hereby irrevocably consents to the personal jurisdiction of said courts.
Orchid reserves the right to terminate User’s access to the website and Database at any time for non-payment of any subscription fee of any breach of the TOS.