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Orthodox Calendar App – Privacy Policy

Privacy Policy

Usolts Holdings, LLC (“ Orthodox Calendar App,” “ we,” “ us”) respects the privacy of its users (“you”) and is committed to protecting your privacy. This Privacy Policy describes the information we collect about you, how we may use that information, who we may share it with, and your choices about such uses and disclosures. We encourage you to read this Privacy Policy carefully prior to using our mobile software application known as “mutual” (the “ App”) or visit our website located at https://usolts.com/calendar-app/ (the “ Website”) (the App, Website, and services made available through each are collectively, the “ Service”). By using the Service, you are accepting the practices described in this Privacy Policy.

IF YOU DO NOT AGREE TO OUR PRIVACY PRACTICES DESCRIBED IN THIS PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SERVICE. YOUR USE OF ANY PART OF THE SERVICE CONSTITUTES YOUR AGREEMENT TO OUR PRIVACY PRACTICES.

If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.

1. INFORMATION WE COLLECT ABOUT YOU

1.1. In General. Through the Service, we may collect information that can identify you personally such as your name and email address (“personal information”), as well as other information that does not identify you. By using the Service, you are authorizing us to collect, use, and store data in connection with providing the Service. When you provide personal information through the Service, the information may be sent to and stored in servers located in the United States.

1.2. Information You Provide to Us. We may collect and store any personal information you provide us or during your use of the Service. This may include identifying information, such as your name, email address, telephone number, and, if you transact business with us, financial information. You may also provide us photos, information about you and your interests, and information about your preferences. If you contact us through the App or Website, you provide us with the content of that communication.

1.3. Use of Technologies to Collect Information. We use various technologies to collect information from your device and about your use of the Service.

1.3.1. Information Collected Automatically. We automatically collect information from your browser or device when you visit the Service. This information could include your IP address, device ID and type, your browser type and language, the operating system used by your device, access times, your mobile device’s geographic location when the App is opened or is actively running, and the referring website address.

1.3.2. Cookies and Use of Cookie Data. When you use the Service, we may assign your device one or more cookies to facilitate access to the Service and to personalize your experience. Through the use of a cookie, we also may automatically collect information about your activity on the Service, such as the pages you visit, the time and date of your visits, and the links you click. If we advertise, we (or third party advertisers) may use certain data collected on the Service to show you Orthodox Calendar App advertisements on our App, site or other sites or applications.

1.3.3. Pixel tags. We may embed pixel tags (also called web beacons or clear GIFs) on web pages, ads, and emails. These tiny, invisible graphics are used to access cookies and track user activities (such as how many times a page is viewed). We use pixel tags to measure the popularity of various aspects of the Service. Ad companies also use pixel tags to measure the number of ads displayed and their performance (such as how many people clicked on an ad).

1.3.4. Mobile Device IDs: If you’re using the App, we use mobile device IDs (the unique identifier assigned to a device by the manufacturer), or advertising IDs (for iOS 6 and later), instead of cookies, to recognize you. We do this to store your preferences and track your use of the App. Unlike cookies, device IDs cannot be deleted, but advertising IDs can be reset in “Settings” on your iPhone. Ad companies also use device IDs or advertising IDs to track your use of the App, track the number of ads displayed, measure ad performance and display ads that are more relevant to you. Analytics companies use device IDs to track information about app usage.

1.4. Information Collected by Third Parties. We may allow service providers, advertising companies and ad networks, and other third parties to display advertisements through the Service. These companies may use tracking technologies, such as cookies or web beacons, to collect information about users who view or interact with their advertisements. We do not provide any non-anonymized personal information to third parties.

2. HOW WE USE THE INFORMATION WE COLLECT

2.1. In General. We may use information that we collect about you to do any of the following:

verify your eligibility to use the Service;

provide and improve the Service, and operate our business;

manage your account and provide customer support;

perform research and analysis about your use of, or potential interest in, our or third parties’ content, products and services;

communicate with you by email or through the App about our or third parties’ content, products or services that may be of interest to you;

analyze, display, and track content and advertising tailored to your interests through the Service and other sites, including providing our advertisements to you when you visit other sites;

perform website and mobile application analytics;

enforce or exercise any rights under our Terms of Service ; and

perform functions or services as otherwise described to you at the time we collect information from you.

In all cases, we may perform these functions directly or using a third party vendor. If we use any third party vendor, our agreement(s) with the vendor will limit their right to use information collected about you to perform functions solely on the Orthodox Calendar App’s behalf. Also, if you access the Service from a third party social platform, such as Facebook, we may share non-personal information with that platform to the extent permitted by your agreement with that third party and its privacy settings.

3. WHO WE SHARE INFORMATION WITH

3.1. Personal information. We do not share your personal information with others except as described in this Privacy Policy or when we inform you and give you an opportunity to opt out of having your personal information shared.

3.1.1. Service Providers. We may share information, including personal and financial information, with third parties that perform certain services on our behalf. These services may include but are not necessarily limited to development, support, and maintenance of the Service; tracking and analytics; troubleshooting; providing customer service; performing business and marketing functions and analysis; ad tracking and analytics; conducting user inquiries or investigations pursuant to our Terms of Service ; and providing contests, sweepstakes, surveys and other features offered through the Service. These service providers may have access to personal information needed to perform their functions but our agreements with them do not permit them to share or use such information for any other purposes.

3.1.2. Other Circumstances. We may disclose your information, including personal information in the following circumstances:

In response to a court order or a request for cooperation from law enforcement or another government agency; to exercise or establish our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.

When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action to prevent or stop illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property, and safety of our business and our users, shareholders, employees, service providers and others; to comply with applicable law or cooperate with law enforcement; or to enforce our Terms of Service and any other agreements, guidelines or policies applicable to our users.

In connection with a corporate transaction, such as the sale of all or part of our business, a divestiture, merger, consolidation, or in the unlikely event of bankruptcy.

3.2. Non-Personal Information. We may use and share non-personal information we collect under any of the above circumstances. We may also share it with third parties to develop and deliver targeted advertising through the Service and on websites or applications of third parties, and to analyze and report on advertising you see. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated, non-personal information, or personal information in hashed, non-human readable form, with third parties, including advertisers and investors, for the purpose of conducting business analysis or other business purposes. For example, we may engage a data provider who may collect web log data from you (including IP address and information about your browser or operating system), or place or recognize a unique cookie on your browser to enable you to receive customized ads or content. The cookies may reﬂect de- demographic or other data linked to data that you voluntarily submitted to us (such as your email address), which we may share with a data provider solely in hashed, non-human readable form.

4. THIRD PARTY SERVICES

There may be occasions where you are able to click on a link to access other websites, products or services (collectively, “third party services”) that do not operate under this Privacy Policy. For example, if you click on an advertisement that appears in the App, you may be taken to a third party service that we do not control. These third party services may independently solicit and collect information, including personal information, from you and, in some instances, provide us with information about your interaction with those third party services. We recommend that you review the privacy policies of all third party services that you visit; typically, privacy policies can be found at the bottom of web pages.

5. HOW YOU CAN ACCESS YOUR INFORMATION

If you delete the App, we may retain certain information associated with you for analytical and internal record-keeping purposes, as well as to prevent fraud, enforce our Terms of Service , protect the integrity of the Service and our users, and take such other actions as permitted by law. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties’ privacy policies. To request data deletion, please do so via email at: myorthodoxcalendar@gmail.com.

6. YOUR CHOICES ABOUT COLLECTION AND USE OF YOUR INFORMATION

6.1. Limiting the Information You Provide. You can choose not to provide us with certain information, but that may result in your not being able to use certain features of the Service.

6.2. Notifications. The Service may from time to time deliver notifications to your mobile device. You can disable these notifications by changing the notification settings on your mobile device.

6.3. Cookies. You can delete or decline cookies by changing your browser settings. Click “help” in the toolbar of most browsers for instructions.

7. PROTECTING YOUR PERSONAL INFORMATION

7.1. Orthodox Calendar App Security Measures. We take security measures to help safeguard your personal information from unauthorized access and disclosure. However, no system can be completely secure. Therefore, we cannot promise, and you should not expect, that your personal information or other communications will always remain secure.

7.2. What Else You Can Do to Protect Your Information. When you disclose personal information in communications with Orthodox Calendar App, that information will be viewable by all associated with Orthodox Calendar App. We encourage you to use discretion and caution when choosing what personal information to disclose.

8. VISITING THE SERVICE FROM OUTSIDE THE UNITED STATES

The Service is hosted by servers located in the United States. If you attempt to use the Service from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of any part of the Service, which is governed by U.S. law and the Orthodox Calendar App Terms of Service (including this Privacy Policy), (a) you are transferring your personal information to the United States; and (b) you consent to such transfer; the application of the laws of the United States with respect to any dispute arising from or related to the Privacy Policy and your use of the Service; and the exclusive jurisdiction of the courts of the United States and the State of Oregon; and the exclusive jurisdiction of the courts of the United States and the State of Oregon.

9. CHANGES TO PRIVACY POLICY

We reserve the right to update this Privacy Policy from time to time in our discretion. When we make such changes, we will post the updated version of this Privacy Policy on the Website and within the App. We will also update the “Last Updated on” notice at the beginning of this Privacy Policy to indicate when we last made changes. Any changes to this Privacy Policy will take effect immediately for new users and will take effect 30 days after posting notice of such changes within the App or on the Website for existing users. If you do not agree to any changes after receiving notice of such changes, you must stop using the Service. Otherwise, your continued use of the Service constitutes your acceptance of such changes. WE ENCOURAGE YOU TO CHECK WITHIN THE APP OR ON THE WEBSITE REGULARLY TO MAKE SURE THAT YOU ARE FAMILIAR WITH THIS PRIVACY POLICY AND ANY UPDATES WE MAKE TO THEM.

10. CONTACTING US

If you have any questions about this Privacy Policy, please feel free to contact us at: myorthodoxcalendar@gmail.com.

Orthodox Calendar App – Terms and Conditions

Terms & conditions

These Terms of Service (these “Terms”) govern your use of Usolts Holdings, LLC’s (“Orthodox Calendar App”, “we”, “us”) service available through our mobile software application known as “Orthodox Calendar App” (the “App”) and our website located at https://usolts.com/calendar-app/ (the “Website”) (the App, Website, and services made available through each, including without limitation, the Orthodox Calendar App Dates Program (as defined below) are, collectively, the “Service”).

These Terms form a binding contract between you and the Orthodox Calendar App, and these Terms include

(1) Orthodox Calendar App’s Privacy Policy (which is accessible here , and is incorporated by reference herein); and

(2) any additional terms disclosed and agreed to by you if you purchase or access additional features or services we offer through the Service, such as terms governing in-app purchases you make in the App.

THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. PLEASE REVIEW SECTION 13 BELOW FOR DETAILS.

1. ACCEPTANCE OF THESE TERMS

1.1. Eligibility. In order to be eligible to use the Service, you must meet the following requirements:

(1) Be at least 18+ years old;

(2) Have the authority to enter into these Terms (whether personally or on behalf of the company you represent) and fully abide by them; and

(3) Be legally permitted to use the Service by the laws in the country and/or territory where you will use the Service.

IF YOU DO NOT MEET THE ABOVE REQUIREMENTS OR YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE THE SERVICE. YOUR USE OF ANY PART OF THE SERVICE CONSTITUTES YOUR AGREEMENT TO THESE TERMS.

1.2. Changes to Terms. We reserve the right to update these Terms from time to time at our discretion. When we make changes to these Terms, we will post the updated version in the App and on the Website. We will also update the “Last Updated on” date at the beginning of these Terms to indicate when we last made changes. Any changes to these Terms will take effect immediately after posting the updated version of the Terms in the App or on the Website. If you do not agree to any changes after receiving notice of such changes, you must stop using the Service. Otherwise, your continued use of the Service constitutes your acceptance of such changes. WE ENCOURAGE YOU TO CHECK IN THE APP OR ON THE WEBSITE REGULARLY TO MAKE SURE THAT YOU ARE FAMILIAR WITH THESE TERMS AND ANY UPDATES WE MAKE TO THEM.

2. LICENSES AND PROPRIETARY RIGHTS

2.1. License to the Service. The Orthodox Calendar App hereby grants you a personal, revocable, limited, non-transferable non-exclusive license to use the features and functions of the Service to download the App onto your mobile device and use the App solely for your personal, non-commercial use. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store or any similar store or marketplace (each, an “App Store”), you agree to comply with all applicable terms of the relevant App Store (the “App Store Terms”). All updates and upgrades to the App will be governed by the version of these Terms published by Orthodox Calendar App as of the date you install such update or upgrade. You acknowledge and agree that Orthodox Calendar App is not obligated to create or provide any support, corrections, updates, upgrades, bug fixes and/or enhancements to or for the Service.

2.2. License to Your Content. You hereby grant Orthodox Calendar App a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up, and fully sublicensable right (including any moral rights) and license to use, store, copy, distribute, publicly perform, communicate to the public, host, stream, publicly display, modify and create derivative works of any and all content, images, videos, and/or other materials you upload or permit to be uploaded to the Service (“Your Content”) for any and all Orthodox Calendar App business purposes, including to operate and provide the Service to Orthodox Calendar App’s end users. You represent and warrant that you have all rights necessary to grant the rights and licenses granted to Orthodox Calendar App under these Terms.

2.3. Proprietary Rights. As between the parties, (a) you retain all right, title and interest in and to Your Content (including all intellectual property rights embodied therein), and (b) Orthodox Calendar App retains all right, title and interest in and to the Service (including all intellectual property rights embodied therein), including but not limited to all text, content, images, designs, graphics, themes, user interface(s), logos, trademarks, branding, videos, user profiles, and user profile information (including tags and meta data generated when you download the app, but excluding Your Content)(collectively, “App Content”), software, and technology. Neither you nor Orthodox Calendar App grants the other any rights or licenses except as expressly set forth herein.

2.4. Feedback. You may, but are not required to, submit ideas, suggestions, and/or proposals to Orthodox Calendar App regarding the Service (“Feedback”). Orthodox Calendar App has no obligation to you (including without limitation any obligation of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Orthodox Calendar App a perpetual, irrevocable, worldwide, non-exclusive, fully paid-up, royalty-free, and fully sublicensable right and license to use, store, copy, distribute, publicly perform, communicate to the public, host, stream, publicly display, modify and create derivative works of, and otherwise exploit in any manner, any and all Feedback, in connection with the operation and maintenance of the Service.

2.5. Third-Party Links and Content. Our App, Website, and/or Services, or communications you receive from our App, Website, and/or Services may include third-party content or links to third-party websites or software that we do not control, maintain or endorse. Accessing such third-party content, websites or software may require you to leave our App, Website, and/or Services. We do not control such third-party content, websites or software or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of such third-party content, websites or software, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by,related to or arising from those third parties or their sites. YOUR ACCESS AND USE OF ANY THIRD-PARTY CONTENT, WEBSITES OR SOFTWARE, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. THE ORTHODOX CALENDAR APP ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF ANY THIRD-PARTY SITE OR SOFTWARE THAT YOU MAY ACCESS OR USE.

3. USE & RESTRICTIONS

3.1. Use of the Service. You are permitted to use the Service for lawful purposes solely as provided for in these Terms. You will not, without Orthodox Calendar App’s prior written consent:

copy, modify, create derivative works of, retransmit, sell, license, exploit, reuse, repost, broadcast, or otherwise distribute the Service or any App Content;

attempt to reverse engineer or decompile any part of the Service, or attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Service;

attempt to gain access to secured parts of the Service that are not generally publicly available;

use any manual or automated process to access, search, or gather information from the Service (including without limitation robots, spiders or scripts);

interfere with or disrupt the proper functioning of the Service or any connected servers or networks, or fail to comply with any applicable requirements, policies or guidelines of networks that enable you to use the Service;

mirror or frame the Service or any App Content, place pop-up windows or otherwise affect the display of any screens or pages of the Service;

use, copy, distribute, modify, or create derivative works of any Orthodox Calendar App logo, trademark, slogan or other branding assets;

use any part of the Service or the App Content in any manner that may give a false or misleading impression, attribution or implied statement of Orthodox Calendar App or any other third party;

exceed or attempt to exceed quantity limits when purchasing Vouchers or Items (each as defined below) or use any Orthodox Calendar App account to purchase Vouchers or Items for resale or for speculative, false, fraudulent, or any other purpose not expressly permitted by these Terms and the terms of a specific offer on the App;

alter, remove or obscure any copyright notice, proprietary legend or other notice included in the Service; or

use the Service in any manner to gather competitive information or for purposes of competing directly or indirectly with the Service or for any commercial purpose.

3.2. Content Transmitted Through the Service. The Service includes various features that enable you to save personal notes and provide feedback regarding the Service, including in real-time. With respect to all Users, the following restrictions and obligations apply:

Orthodox Calendar App has the right, but not the obligation, to monitor or review any User notes at any time for violations of these Terms.

3.3 Account Suspension or Termination. Orthodox Calendar App reserves the right in its sole discretion to suspend or revoke your access to the Service at any time with or without notice to you, in the event that we have reason to believe you have violated any of these Terms. You agree not to use or attempt to use the Service after your account has been terminated. If you believe Orthodox Calendar App has made a mistake with terminating your account, you may contact us at myorthodoxcalendar@gmail.com .

4. IN APP PURCHASES; ORTHODOX CALENDAR APP.

4.1. In App Purchases. From time to time, Orthodox Calendar App may offer additional features and services in the App (“in app purchases”). If you choose to make an in app purchase, you will be prompted to enter details with the mobile platform you are using (e.g., Apple, Android, etc.) (your “IAP Account”), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. In app purchases may include a free trial period. At the end of the free trial period, you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. To avoid any charges, you must cancel before the end of the trial period. If you purchase an auto-recurring periodic subscription through an in-app purchase, your IAP Account will be billed continuously for the subscription until you cancel in accordance with the platform terms. In all cases, please refer to the terms of your mobile platform which apply to your in app purchases.

4.2. Orthodox Calendar App. The Orthodox Calendar App is a platform through which certain of our merchant partners (“Partners”) may sell or promote goods, services, or experiences. Partners are the sellers and issuers of the Partner Offerings and are solely responsible to you for the care, quality, and delivery of the goods, services, and experiences provided. Certain Partner Offerings, other available programs and pricing on the App or Website may change at any time in Orthodox Calendar App’s sole discretion, without notice. By purchasing or obtaining any Partner Offering via the App or Website, you agree to the Orthodox Calendar Terms of Sale, which are incorporated by reference as if fully set forth herein.

5. THE SERVICE IS OPERATED FROM THE UNITED STATES

The Service is hosted by servers located in the United States. Using the Service may be prohibited or restricted in certain other countries. If you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the applicable territory. Without limiting the foregoing, if you attempt to use the Service from a physical location in the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Service, which is governed by U.S. law and these Terms (including the Orthodox Calendar App Privacy Policy ), (a) you are transferring your personal information to the United States; and (b) you consent to such transfer; the application of the laws of the United States and the State of Oregon with respect to any dispute arising from or related to the Privacy Policy and your use of the Service; and the exclusive jurisdiction of the courts of the United States and the State of Oregon.

6. OTHER DISCLAIMERS

THE SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN ORTHODOX CALENDAR APP HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ORTHODOX CALENDAR APP, ITS EMPLOYEES, AGENTS OR ANY OTHER PERSONS WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, ORTHODOX CALENDAR APP DOES NOT MAKE ANY WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE SERVICE OR ANY PARTNER OFFERINGS THROUGH THE ORTHODOX CALENDAR APP, INCLUDING ITEMS, WILL MEET YOUR EXPECTATIONS, OR THAT THE SERVICE, CONTENT, OR ANY PORTION THEREOF, INCLUDING THE DESCRIPTIONS OF PARTNER OFFERINGS AND ITEMS THROUGH THE ORTHODOX CALENDAR APP, ARE CORRECT, ACCURATE, OR RELIABLE. THE WARRANTY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A PARTNER. ORTHODOX CALENDAR APP RESERVES THE RIGHT TO CHANGE ANY PART OF THE SERVICE AT ANY TIME WITHOUT NOTICE TO YOU.

7. LIMITATION OF LIABILITY

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER ORTHODOX CALENDAR APP NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF (A) YOUR USE OF THE SERVICE, (B) THE PARTNER OFFERINGS AND ITEMS, OR (C) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED DIRECTLY FROM ORTHODOX CALENDAR OR A PARTNER, OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT OR OTHER INFORMATION AVAILABLE ON THE SERVICE, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING WILL APPLY EVEN IF ORTHODOX CALENDAR APP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ORTHODOX CALENDAR APP’S LIABILITY IN CONNECTION WITH A PARTNER OFFERING OR ITEM EXCEED THE AMOUNTS PAID FOR THE APPLICABLE ITEM. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SERVICE OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST ORTHODOX CALENDAR APP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF ORTHODOX CALENDAR APP AND ITS AFFILIATES WILL NOT EXCEED THE TOTAL AMOUNT THAT YOU HAVE PAID TO ORTHODOX CALENDAR APP TO USE THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE LIABILITY AROSE. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ORTHODOX CALENDAR APP, AND REFLECTS A FAIR ALLOCATION OF RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATION OF LIABILITY AND YOU AGREE THAT SUCH LIMITATION OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.

8. DIGITAL MILLENNIUM COPYRIGHT ACT

Orthodox Calendar App is committed to respecting and protecting the legal rights of copyright owners in accordance with the Digital Millennium Copyright Act (Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.)). If you believe any content infringes your intellectual property rights, please submit a notice to us describing such infringement (a “DMCA Takedown Notice”) with the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;

Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, email address;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Any DMCA Takedown Notice should be sent to: myorthodoxcalendar@gmail.com . You acknowledge that for Orthodox Calendar App to be authorized to takedown any content, your DMCA Takedown Notice must comply with all of the requirements of this Section.

9. TERMINATION

Orthodox Calendar App may suspend or block your use of the Service without notice if there has been a violation of these Terms, as determined by Orthodox Calendar App in its sole discretion. Your right to use the Service will end once your account is terminated, and any data you have stored on the Service may be unavailable later, unless Orthodox Calendar App is required to retain it by law. You may delete the App at any time. Orthodox Calendar App is not responsible or liable for any records or information that is made unavailable to you as a result of such deletion. YOU AGREE THAT ORTHODOX CALENDAR APP WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICE. Any limitation on liability that favors Orthodox Calendar App will survive the expiration or termination of these Terms for any reason.

10. ARBITRATION AGREEMENT; CLASS WAIVER OF TRIAL BY JURY:

Please read this Section carefully. It is part of your contract with Orthodox Calendar App and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

10.1. Mandatory Binding Arbitration. Except as otherwise set forth in this Section 10, the exclusive means of resolving any dispute or claim arising out of or relating to these Terms (including any alleged breach thereof) or the Service shall be binding arbitration administered by the American Arbitration Association (“AAA”)(this “Arbitration Agreement”). You may not under any circumstances commence or maintain against Orthodox Calendar App any class action, class arbitration, or other representative action or proceeding.

10.2 Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. Any Notice for Orthodox Calendar App should be sent via email to Orthodox Calendar App at: myorthodoxcalendar@gmail.com. After the Notice is received, you and Orthodox Calendar App may attempt to resolve the claim or dispute informally. If you and Orthodox Calendar App do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

10.3. Arbitration Rules. Arbitration shall be conducted in accordance with the AAA’s Consumer Arbitration Rules. The AAA’s Consumer Arbitration Rules shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms. The AAA Consumer Arbitration Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator who is a lawyer with at least 15 years of experience handling contractual disputes. The arbitrator shall be selected by mutual agreement of the parties, or, if the parties cannot agree, then by striking from a list of arbitrators supplied by AAA. The place of the arbitration shall be Salem, Oregon. Any claims or disputes where the total amount of the award sought is less than $10,000.00 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is $10,000 USD or more, or if injunctive relief is sought, the right to a hearing may be demanded by either party. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The cost of the arbitration including the arbitrator and administrative fees shall be borne equally by each party, and each party shall be responsible for its own expenses and attorneys’ fees and costs.

10.4. Non-appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.

10.5. Time Limits. If you or Orthodox Calendar App pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Consumer Arbitration Rules for the pertinent claim.

10.6. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Orthodox Calendar App, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA’s Consumer Arbitration Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Orthodox Calendar App.

10.7. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Orthodox Calendar App in any state or federal court in a suit to vacate or enforce an arbitration award, to avoid arbitration, or otherwise, YOU AND ORTHODOX CALENDAR APP WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. You agree that any such litigation shall only be heard in a state or federal court in Salem, Oregon.

10.8. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

10.9. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This Section shall not prevent a party from submitting to a court of law any information necessary to enforce these Terms, to enforce an arbitration award, or to seek injunctive or equitable relief.

10.10. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

10.11. Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s intellectual property rights shall not be subject to this Arbitration Agreement.

11. GOVERNING LAW AND VENUE

Any claim or dispute between you and Orthodox Calendar App that arises in whole or in part from your use of the Service or in connection with the Privacy Policy will be governed by the laws of the State of Oregon, without any regard to any conflicts of law provisions. In any circumstances where the Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Salem, Oregon, for such purpose, and waive any objection based on inconvenient forum. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

12. INDEMNITY BY YOU

You agree to indemnify and hold Orthodox Calendar App and its directors, officers, employees, agents, and contractors harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party arising out of your breach of or failure to comply with these Terms (including any breach of your representations and warranties contained herein), any of Your Content, and your violation of any law or regulation. Orthodox Calendar App reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification by you, in which event you will fully cooperate with Orthodox Calendar App in connection therewith.

You are solely responsible for your interactions with Partners and other users of the Service. To the extent permitted under applicable laws, you hereby release Orthodox Calendar App from any and all claims or liability related to any product or service of a Partner, regardless of whether such product or service is an Item or Service available through the App, any action or inaction by a Partner, including, without limitation, but not limited to any harm caused to you by action or inaction of a Partner, a Partner’s failure to comply with applicable law and/or failure to abide by the terms of a Partner Offering or any other product or service purchased or obtained by you from the Partner, and any conduct or speech, whether online or offline, of any other third-party.

13. MODIFICATIONS TO THE SERVICE

Orthodox Calendar App reserves the right at any time to modify or discontinue, temporarily or permanently, any or all parts of the Service with or without notice. You agree that Orthodox Calendar App shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Service, Orthodox Calendar App reserves the right at any time in its sole discretion to block users from using the Service.

14. EXPORT CONTROL

You acknowledge and agree that the Service is subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer the Service, either directly or indirectly, to any country in violation of such laws and regulations.

15. NOTICES

Orthodox Calendar App may provide you with notices using any reasonable means now known or hereafter developed, including by email, text message or App-based messages or notifications. Such notices may not be properly routed to or received by you if you use the Service in an unauthorized manner. You agree that you are deemed to have received any notices that would have been delivered had you used the Service as permitted under these Terms. You consent to receiving communications from Orthodox Calendar App in electronic form, and agree that these Terms and all notices, disclosures, additional terms and conditions, and other communications that Orthodox Calendar App provides to you electronically satisfy any legal requirement that such communications would satisfy if they were made in writing.

16. MISCELLANEOUS

These Terms, including the Orthodox Calendar App Privacy Policy and any additional terms disclosed and agreed to by you if you purchase or use additional features or services we offer through the Service, contains the entire agreement between you and Orthodox Calendar App regarding your use of the Service. You agree that your online account is non-transferable and all of your rights or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of these Terms and you may not make any representations or bind Orthodox Calendar App in any manner. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Orthodox Calendar App without restriction. Orthodox Calendar App’s failure to enforce any provision of these Terms will not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the Arbitration Agreement, warranty disclaimers or liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.

17. QUESTIONS, COMMENTS AND FEEDBACK

If you have any questions, comments, or other feedback regarding the Service, please feel free to contact us at: myorthodoxcaledar@gmail.com.

Disclaimer of Liability

The app and its services are provided on an “as is” and “as available” basis. We do not warrant that the app will be uninterrupted, error-free, or free of harmful components. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. In no event shall the app builder or the business be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of use, data, or profits, arising out of or in connection with your use of the app.

By using the Orthodox Calendar app, you agree to indemnify and hold harmless the app builder and the business from any claims, damages, or expenses arising from your use of the app.

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