OrionWorks.org Website Terms of Service
Please read these terms of service (“terms”, “terms of service”) carefully before using the www.orionworks.org website (the “services” or “website”) operated by Orion Industries (“Orion”, “us”, ‘we”, “our”).
Conditions of Use
We will provide the services to you, which are subject to the conditions stated below in this document. Every time you visit this website, use its services or make a purchase, you accept the following conditions. This is why we urge you to read them carefully.
This is a legally binding agreement between you, as a customer, visitor or user (“you” or “user”) and Orion, regarding your use of the service. If you do not agree to be bound by this agreement, and to follow all applicable laws, you should leave the website and discontinue any related services immediately.
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY VISITING OR USING THE WEBSITE, OR BY USING ANY RELATED SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITONS, INCLUDING ANY ADDITIONAL GUIDELINES.
IF YOU ARE A PARENT OR GUARDIAN AND YOUR CHILD USES THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH CHILD’S USE OF THE WEBSITE.
As a condition to your use of the website, you represent that you are not a person barred from using or receiving the website under the laws of the United States or other applicable jurisdiction, that you have not been previously suspended or removed from the website, that your use will be in compliance with any and all applicable laws and regulations, and that you are at least eighteen (18) years old.
Content published on this website (digital downloads, images, texts, graphics, logos) is the property of Orion and/or its content creators and protected by international copyright laws. The entire compilation of the content found on this website is the exclusive property of Orion, with copyright authorship for this compilation by Orion.
All trademarks, service marks, and trade names are proprietary to Orion or its affiliates and/or third-party licensors. Except as expressly authorized by Orion, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the materials. Orion reserves all rights to the materials not expressly granted in the terms.
THIRD-PARTY TRADEMARKS, REGISTERED TRADEMARKS, COMPANY NAMES, PRODUCT NAMES, BRAND NAMES AND LOGOS ON THE ORION WEBSITE ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. THE USE OF ANY THIRD-PARTY TRADEMARKS, LOGOS OR BRAND NAMES IS FOR INFORMATIONAL PURPOSES ONLY, AND DOES NOT IMPLY AN ENDORSEMENT BY ORION OR VICE VERSA OR THAT SUCH TRADEMARK OWNER HAS AUTHORIZED ORION TO PROMOTE ITS PRODUCTS OR SERVICES.
The entire communication with us is electronic. Every time you send us an email or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to a newsletter on our website, you may receive regular emails from us. We may continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.
You agree to not use the website or any related activities for any Prohibited Content. For purposes herein, Prohibited Content shall be any user content which is inappropriate in the sole discretion of Orion, including, but not limited to, user content that in the sole discretion of Orion:
- is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
- constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work;
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; or
- includes a photograph or video of another person that you have posted without that person’s consent.
You agree to not use the website or any related services, to and for any Prohibited Activities. For purposes herein, Prohibited Activities shall be any activity which is deemed inappropriate in the sole discretion of Orion, including, but not limited to:
- any commercial use or purpose unless expressly permitted by Orion in writing, it being understood that the website and related services are intended for personal, non-commercial use only;
- any purpose other than to disseminate or receive original or appropriately licensed content and/or to access the website as such services are offered by Orion;
- rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any materials;
- post, upload, or distribute any user content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
- impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Website accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Website, or perform any other similar fraudulent activity;
- delete the copyright or other proprietary rights notices on the website, or on user content;
- assert, or authorize, assist, or encourage any third party to assert, against Orion or any of its affiliates or licensors, any patent infringement or other intellectual property infringement claim regarding any user content You have used, submitted, or otherwise made available on or through the website;
- make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the website. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
- any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
- defame, harass, abuse, threaten or defraud users of the website, or collect, or attempt to collect, personal information about users or third parties without their consent;
- remove, circumvent, disable, damage or otherwise interfere with
security-related features of the website or user content, features that prevent or restrict use or copying of any content accessible through the website, or features that enforce limitations on the use of the website or user content;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- modify, adapt, translate or create derivative works based upon the website or any part thereof, except and only to the extent expressly permitted by Orion herein or to the extent the foregoing restriction is expressly prohibited by applicable law;
- intentionally interfere with or damage operation of the website or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
- harm minors in any way;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any user content transmitted through the Website;
- “stalk” or otherwise harass another person; and/or
- collect or store personal data about other users.
User Content Disclaimer.
You understand that when using the website you will be exposed to user content from a variety of sources and that Orion is not responsible for the accuracy, usefulness, appropriateness or intellectual property rights of or relating to such user content. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Orion with respect thereto. Orion does not endorse any user content or any opinion, recommendation or advice expressed therein, and Orion expressly disclaims any and all liability in connection with user content.
Digital Millennium Copyright Act.
It is Orion’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. Orion will promptly terminate without notice your access to the website if you are determined by Orion to be an “infringer.” An infringer is a user who has been notified by Orion of infringing activity violations and/or who has had user content or any other user submitted content removed from the website.
The website may include links or references to other websites or services solely as a convenience to users (“Third-Party Sites”). Orion does not endorse any such Third-Party Sites or the information, materials, products, or services contained on or accessible through Third-Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the website are solely between you and such party. Access and use of Third-Party Sites, including the information, materials, products, and services on or available through Third-Party Sites is solely at your own risk.
You agree to indemnify, defend, and hold harmless Orion, its affiliated companies, contractors, employees, and agents and you agree to cooperate with Orion’s defense of these claims. Orion will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
(a) THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ORION DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE WEBSITE.
(b) ORION DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE AND ANY USER CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS OR EMAIL SENT FROM ORION OR THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ORION IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. ORION ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE WEBSITE AND SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREON.
Limitation of Liability.
IN NO EVENT SHALL ORION BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF ORION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ORION’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ORION FOR THE USE OF THE WEBSITE BUT IN NO EVENT IN EXCESS OF $100 IN THE AGGREGATE.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN ORION AND RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY THIRD-PARTY SITES.
YOU ACKNOWLEDGE AND AGREE THAT ORION HAS OFFERED ITS WEBSITE, PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ORION, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ORION. ORION WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
Orion may provide you with notices, including those regarding changes to the Terms, by email, regular mail or postings on the website. Notice will be deemed given twenty-four hours after posting on the website or after the email is sent, unless Orion is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the website. In such case, notice will be deemed given three days after the date of mailing.
By visiting this website, you agree that the laws of the Washington State and the United States of America, without regard to principles of conflict laws, will govern these terms of service, or any dispute of any sort that might come between Orion and you, or its business partners and associates.
Any dispute related in any way to your visit to this website or to products you purchase from us shall be in the state or federal courts of Washington State and you consent to exclusive jurisdiction and venue of such courts.
Comments, Reviews, and Emails
Visitors may post content as long as it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or injurious in any other way to third parties. Content has to be free of software viruses, political campaign, and commercial solicitation.
We reserve all rights (but not the obligation) to remove and/or edit such content. When you post your content, you grant Orion Industries non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, and/or modify such content throughout the world in any media.
License and Site Access
We grant you a limited license to access and make personal use of this website. You are not allowed to download or modify it. This may be done only with written consent from us.
If you are an owner of an account on this website, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password.
We reserve all rights to terminate accounts, edit or remove content and cancel orders in their sole discretion.