Terms of Service



Terms of Service

AGREEMENT BETWEEN USER AND ORDER DEPT, LLC

This email service, hosted at orderdept.com, is provided by Order Dept, LLC ("OD LLC"). The Email Service (Service) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein, in exchange for monetary consideration. Your payment and/or subsequent use of the Service constitutes your agreement to all such terms, conditions, and notices.

ORDER DEPT, LLC EMAIL SERVICE

As a condition of your use of the Service, you warrant to OD LLC that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

User may not use their OD LLC email account (or as the "reply to" address) in any unsolicited or "bulk" email. User will be subject to reimbursement of any damages OD LLC incurs due to User's unauthorized use of their Email account in relation to any spam activities.

To protect User privacy and security, Company will take reasonable steps to verify User's identity before granting access or making corrections. The main form of identity management is username and password. The User is responsible for maintaining the security of the username and password. Company cannot and will not be held liable for any loss of damage from User's failure to comply with this security obligation.

Unlawful usage includes and is not limited to violations of copyright and trademark laws. Should OD LLC become aware of ANY violation(s) of the aforementioned laws, OD LLC may terminate User’s account without notice to User.

You may not use the Service in any manner which could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service.

COST OF SERVICE

The Cost of Service will be quoted to the User upon signup. User agrees to the immediate billing and subsequent billing of services, as per selected time period/plan. Billing for each Email account is automated, on the monthly or anniversary date of the initial Service start date.

INDEMNIFICATION

The User shall fully defend, release, discharge, indemnify, and hold harmless OD LLC, as well as its corporate directors, officers, members, managers, attorneys, representatives, employees, independent contractors, or agents of any kind ("Indemnified Parties") from any and all claims, damages, demands, liabilities, suits, judgments, losses, costs, and expenses of any kind, including attorney’s fees, court costs, and any other costs or expenses of any kind in connection with any action that may be charged against the Indemnified Parties arising out of our Service. This includes but is not limited to any infringement of intellectual property laws, infringement of copyright laws, errors or omissions that we may make including destruction of documents, improper forwarding of documents, and violation of any laws or regulations prohibiting transmission of information over the internet.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and OD LLC as a result of this agreement or use of the OD LLC Web Site.

COPYRIGHT NOTICE

Everything you see or read on our website(s) is protected by copyright (all rights reserved) and may not be used without the prior written consent of OD LLC.

WARRANTY DISCLAIMER

OD LLC MAKES NO WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), GUARANTIES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN OR OTHERWISE. OD LLC’S OBLIGATIONS UNDER THIS AGREEMENT ARE SUBJECT TO DELAYS CAUSED BY WAR, ACT OF GOD, EMBARGOES, OR ANY OTHER CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. YOU ACKNOWLEDGE THAT OUR WEBSITE AND OUR SERVICE ARE OPERATED ON AN "AS IS", "AS AVAILABLE" BASIS, AND THAT NEITHER OD LLC NOR ITS SUPPLIERS OR VENDORS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER REGARDING ITS WEB SITE OR SERVICES. THE USER UNDERSTANDS THAT BY ACKNOWLEDGING AGREEMENT TO USE THIS SERVICE THE USER WAIVES CERTAIN ACTIONS AND CLAIMS, AND THE USER'S ACKNOWLEDGEMENT IS NOT THE RESULT OF FRAUD, DURESS OR MISTAKE.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OD LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE OD LLC WEB SITE, WITH THE DELAY OR INABILITY TO USE THE OD LLC WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE OD LLC WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE OD LLC WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OD LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE OD LLC WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE OD LLC WEB SITE. IN NO EVENT SHALL OD LLC’S LIABILITY FOR ANY REASON WHATSOEVER EXCEED THE FEES PAID TO OD LLC BY YOU UNDER THIS AGREEMENT DURING THE CALENDAR YEAR DURING WHICH THE APPLICABLE CLAIM ACCRUED.

LINKED SITES

The OD LLC Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of OD LLC. and OD LLC. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Links from our website to a Linked Site are provided as a convenience to you only. Any link we provide to a Linked Site should not be construed as an endorsement of that website or its content, products, or services offered therein.

GOVERNING LAW

This Agreement, and any controversies or claims arising there from, shall be governed by the laws of the state of Nevada.

Any controversy, claim, or alleged breach of this Agreement between the User and OD LLC (the "Parties") shall first be submitted to an independent mediator agreeable to both Parties. Said mediation to take place in Las Vegas, Nevada. If the Parties cannot agree on a mediator, the Parties agree to submit the controversy, claim or alleged breach to BINDING ARBITRATION before a panel of three (3) arbitrators. Said panel to be selected as follows: User selects one arbitrator, OD LLC selects its arbitrator and the two arbitrators select one neutral arbitrator.

If the Parties, using reasonable efforts are unable to resolve the dispute through mediation, then the dispute shall be settled by arbitration in Las Vegas, Nevada in the manner described above. The arbitration proceedings will follow the Commercial Rules of the Arbitration of Nevada in effect at the time of such controversy, claim or breach. The award of the arbitration panel will be final, binding and not subject to appeal. Judgment on the award may be entered in any Nevada court (state or federal). The Parties agree and acknowledge that money damages may not be an adequate remedy for a breach of a provision of this Agreement and that either Party, in its sole discretion, may apply to a Nevada court for specific performance and/or injunctive relief in order to enforce or prevent any violations of the provisions of this Agreement.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

SEVERABILITY

If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future laws or public policies, such provision shall be fully severable and shall in no way affect the validity or enforceability of this Agreement or any other provision herein.

ENTIRE AGREEMENT

The Parties agree that this is the whole Agreement between them, and that it supersedes all prior and contemporaneous contracts, understandings, inducements, or conditions between the Parties. No changes to the Agreement shall be valid unless they are in writing and signed by all Parties.

MODIFICATION OF THESE TERMS OF USE

Please note that our Terms of Use Policy may change from time to time. OD LLC. reserves the right to change the terms, conditions, and notices under which the OD LLC Web Site is offered, including but not limited to the charges associated with the use of the OD LLC Web Site. We will post any Policy changes on this page. Your continued use of our website shall constitute your acceptance of any revised Policy.

TERMINATION/ACCESS RESTRICTION

OD LLC reserves the right, in its sole discretion, to terminate your access to the OD LLC Web Site and the related services or any portion thereof at any time, without notice.

CANCELLATION

The User has the right to cancel their service/account at any time by way of email to (with verified acknowledgement of the cancellation email receipt, from OD LLC) or written notice to Order Dept, LLC, 9550 S. Eastern Ave #253, Las Vegas NV 89123 or via fax to 877-672-6827.

Any cancellation of service will only stop your renewal. Existing service will run for the already paid term of service, unless otherwise requested by User. The User is responsible for properly cancelling any Service/account. Cancellation by telephone or any other method not listed above WILL NOT CONSTITUTE CANCELLATION.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

It is our policy to respond to valid DMCA takedown notices of alleged copyright infringement. These notices must include all of the information below, as suggested by the U.S. Digital Millennium Copyright Act.

Our response to valid takedown notices may include removing the infringing material, and suspending subscriber accounts. We may also contact the owner of the affected site so that they may make a counter notification.

To file a notice of infringement with us, you must provide a formal communication (by regular US mail) that includes the items specified below:

Identify in sufficient detail the copyrighted work that you believe has been infringed upon. This means a link to the original work, or a description of what is being copied.

Identify the material that is infringing on the work in item #1. This means the link to a OD LLC site with the material on it.

Provide your contact information, preferably US mail, and phone number.

Include the statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."

Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

Send this information to:

Order Dept, LLC
9550 S. Eastern Ave #253
Las Vegas NV 89123