TERMS OF USE

 

Introduction

Welcome to the Orion website (“Site”). The following Terms of Use govern your access and use of this Site.  Please read these Terms of Use carefully before using this Web Site.

 

When used in these Terms of Use, “we” and “our” means Orion Worldwide LLC, and “you” and “your” refers to any individual, company or legal entity that accesses or otherwise uses this Site.

 

Acceptance of Terms

By accessing, browsing or using this Site, you agree to be bound by these Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Site.  If you do NOT agree to all of these terms, you should NOT access or use this Site.

 

Modification of Terms

These Terms of Use may be amended by Orion, in its sole discretion, at any time.  Such amended Terms of Use shall be effective upon posting.  By continuing to access or use this Site, you will be deemed to have accepted such amendments.  You are advised to regularly review any applicable terms and conditions.  In addition, when using particular services or features, you shall be subject to any posted guidelines or policies applicable to such services, features that may be posted from time to time.

 

Privacy

Personal information provided through this Site shall only be used in accordance with Orion’s Privacy Notice and is subject to the terms and conditions set out in the Privacy Notice as posted on this Site

 

Copyright and Trademarks

You acknowledge that all materials on the Site, including the Site’s design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Orion or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Use are reserved to their respective intellectual property rights owners. Except as expressly authorized by these Terms of Use or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Orion or the respective intellectual property rights owner. Orion authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on this Site (including, without limitation Orion) are the sole property of Orion and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Orion and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of Orion and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Orion. Orion will enforce its intellectual property rights to the fullest extent of the law.

 

Links to Other Websites

Links on the Site to third party websites are provided only as a convenience to you. If you use these links, you will leave the Site. Orion does not control or review these third party websites nor does the provision of a link imply any endorsement or association with such third party websites. Your linking to any websites from this Site is at your own risk. Orion accepts no responsibility for the content, accuracy or function of these other third party websites.  We recommend that you make yourself aware of and read the legal and privacy notices of all other websites that you visit.

 

Disclaimer of Warranties

Orion strives to provide accurate and up-to-date material on this Site.  However, we make no warranties or representations as to the accuracy or timeliness of the Material on this Site.

 

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS CONTAINED ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  ORION 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.  ORION MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE SITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) ANY ERRORS IN THE SITE WILL BE CORRECTED.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM COMPUTER VIRUSES.

 

SOME JURISDICTIONS MAY NOT PERMIT CERTAIN DISCLAIMERS OF WARRANTIES, SO SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, WE DISCLAIM WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

Disclaimer of Damages and Limitation of Liability

NEITHER ORION OR ITS AFFILIATES SHALL UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO YOUR ACCESS TO, OR USE OF OR INABILITY TO USE THIS SITE OR ANY MATERIAL, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS SITE, OR ANY INCORRECT OR INACCURATE INFORMATION ON THIS SITE.  THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO PROPOERTY DAMAGE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, ECONOMIC LOSS OR LOSS OF PROFITS), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF ORION HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE ALL CLAIMS AGAINST ORION AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND PROGRAMMERS THAT MAY ARISE FROM YOUR ACCESS OR USE OF THIS SITE.

 

Indemnification

You agree to indemnify, defend and hold harmless Orion and its affiliates and their officers, directors, employees, business partners, suppliers and programmers from and against all liability, loss, claim and expense, including reasonable attorneys’ fees and expenses, resulting or arising from or relating to your use of or conduct on the Site, any activity related to use of the Site by you, any message or material that you submit to, post on or transmit through the Site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to the Site.

 

No Unlawful or Prohibited Activity

As a condition of your use of this Site, you agree not to use the Site for any purpose that is unlawful or prohibited by these terms, conditions and notices.  You further agree that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through this Site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, violates the privacy rights of others, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Site in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Site.

 

Orion reserves the right, in its sole discretion, to deny you access to the Site, if you fail to comply with any term or provision of these Terms of Use or your use is harmful to the interests of another user or Orion.

 

Termination

Orion reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice or consent.  Orion shall have no responsibility or failure to store or delete any materials submitted to the Site.

 

Governing Law and Jurisdiction

These Terms of Use shall be governed by, and construed in accordance with, the laws of the United States and the State of New York, without giving effect to conflicts of law principles thereof.  Orion makes no representations that the material and information on this Site are appropriate or available in all national locations or languages.  You agree that any action at law or in equity arising from or relating to the use of this Site or to these Terms of Use shall be brought exclusively in the Federal or State Courts residing in New York. You hereby consent and submit to personal jurisdiction in of such courts for the purposes of any action relating to this Site, your access or use thereof, or these Terms of Use, and to extra-territorial service of process.

 

Customer Service and Contact Information

If you have any comments, questions, or wish to report any violation of these Terms of Use, you can contact us at [email protected].

 

Updated as of:  October 31, 2014