10802 Tyler Court NE
Minneapolis, MN. 55434
Effective February 11, 2019
The privacy notices, policies, terms and conditions, disclaimers, disclosures, agreements, and contracts are collectively called Documents. The term Services refer to the services we offer. The terms us, we, or our refer to Orion Systems, the owner of this website. A Visitor is someone that browses our website. A Member is someone who has registered on our website to use or buy our Services or Documents. The term User is a collective identifier that refers to either a Visitor or a Member. All text, information, graphics, design, and data offered through our website or Services, whether produced by our Members or by us, are collectively known as our Content. We distinguish content posted by our members as Member Content.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Orion Systems and supersedes all other Agreements, representations, warranties, and understandings with respect to our website, Services, Documents and the subject matter contained herein. However, in order for you to use our website, Documents, or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated
Eligibility for Membership and to Use Our Website, Documents, and Services
To use our Services, Documents, or to become a Member of our website, you must be at least 18 years of age. Our Services and Documents are intended solely for Users who are at least (18) years of age or older. Any registration by, use of, or access to our website by anyone under that age is unauthorized, unlicensed, and in violation of this Agreement. By using our website, Services, and Documents, you represent and warrant that you are (18) years of age or older and agree to abide by all the terms and conditions of this Agreement.
When you complete the registration process, you will receive a password that will allow you to access our Documents and Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password.
Standard License Agreement
(For attorneys and privacy professionals also see the section following this one named License Agreement for Attorneys and Privacy Professionals)
1) Our Documents may be used on up to 3 (three) websites, mobile apps, and/or blogs that you personally own. If you have more than three websites, mobile apps, and/or blogs, you need to contact us for an extended license.
2) You may use any of our Documents on any computer you or your company owns. You can make one copy of the Documents for backup purposes. Orion Systems grants you a nonexclusive nontransferable revocable license to access and use our website, Documents, and Services strictly in accordance with this Agreement.
3) You may not under this Standard License Agreement: (a) copy the Documents except as specifically provided above; (b) transfer the ownership or allow use of the Documents to or by any third party; (c) disassemble or create derivative works from our Documents, nor assert or attempt to claim any intellectual property rights in any such modification or improvement.
4) You may not republish, sell, distribute, upload, nor post our Documents to another website or blog. Our Documents may not be duplicated in any way without our written permission or an extended license agreement. You acknowledge and agree that all Documents are the property of Orion Systems and are protected by copyrights, trademarks, service marks, trade secrets, and other rights and laws in the U.S. and internationally.
5) Our copyright notice on our Documents may not be removed without our written permission. Any violation of these provisions will automatically revoke this Standard License Agreement and could subject you to legal liability. No printout nor electronic version of any part of our website may be used by you in any litigation or arbitration matter under any circumstances.
License Agreement for Attorneys and Privacy Professionals
If you are a licensed attorney in private practice or a privacy professional, you may use and edit our Documents or parts thereof to provide customized Documents for a single individual client. If you buy our Privacy Notice Drafting Program for Websites and Mobile Apps, you can create an unlimited number of Documents for an unlimited number of clients that you have a professional relationship with.
Visit the following link to see the details of this program: https://www.disclaimertemplate.com/privacy-software-for-attorneys
However, you may not offer our Documents, whether or not modified or improved by you, for sale to the general public. This means anyone with whom you do not have a professional relationship, to other attorneys, or to other commercial enterprises who publish or sell business or legal forms or who conduct business that is similar to or competitive with that of www.DisclaimerTemplate.com owned by Orion Systems.
Any legal controversy or legal claim arising out of or relating to this Agreement, our Services, or Documents, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, our Services, and our Documents shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. There will be one arbitrator used for arbitration.
The arbitration shall be conducted in Minneapolis, Minnesota, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Minneapolis, Minnesota necessary to protect the rights or property of you and us pending the completion of arbitration. As a User of our website, Services, or Documents, you will pay for all of the arbitration fees and costs.
Choice of Law and Jurisdiction
This Agreement shall be treated as though it were executed and performed in Minneapolis, Minnesota and shall be governed by and construed in accordance with the laws of the State of Minnesota without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our website, Services or Documents must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our website, Services and Documents, and customized Documents.
Our Relationship with You
This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Orion Systems.
Our Intellectual Property
Our website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our website or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of Orion Systems. Our Content, Services, and Documents, is protected under the United States and foreign copyrights. The copying, redistribution, use or publication by you is strictly prohibited. Your use of our website, Content, Documents, and Services does not grant you any ownership rights.
The opinions expressed on our website are not necessarily the opinions of Orion Systems. The Content, Documents, and Services may be changed without notice and are not guaranteed to be complete, correct, timely, current or up-to-date. We undertake no obligation to update any of our Content, Documents, and Services.
Errors, Corrections, and Changes
We do not represent or otherwise warrant that our website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information and Documents available on or through our website and Services will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of our website, Services or Documents at any time. We reserve the right in our sole discretion to edit or remove any Documents, information or other content appearing on our website or Services.
Financial, Legal and Other Advice Disclaimer
You hereby acknowledge that nothing contained in our website, Services or Documents shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and Orion Systems or our Members. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in our website, Services or Documents.
Merchant and Advertisement Disclaimer
We may allow access to or advertise certain third-party merchant service providers from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by any merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and any merchants. You agree that use of or purchase from such merchants is your sole risk.
Orion Systems is not responsible or liable in any manner for any Content posted on our website or in connection with our Services or Documents whether posted or caused by Members of our website, or by Orion Systems. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit or share on our website, and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on our website or Services. Orion Systems is not responsible for the conduct, whether online or offline, of any User of our website or Services. Our website or Services may be temporarily unavailable from time to time for maintenance or other reasons. Orion Systems assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of Member communications.
Orion Systems is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to Member’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the our website or Services, including without limitation any software provided through our website or Services.
Under no circumstances will Orion Systems be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our website, Services or Documents.
THE INFORMATION, CONTENT, SERVICES, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE, DOCUMENTS, AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. ORION SYSTEMS INCLUDING ALL OUR AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE, DOCUMENTS, OR SERVICES. ORION SYSTEMS CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE, DOCUMENTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. ORION SYSTEMS DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, DOCUMENTS, OR SERVICES, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT, DOCUMENTS, OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, DOCUMENTS, AND RELATED SOFTWARE ARE DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, DOCUMENTS, AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ORION SYSTEMS. OUR WEBSITE, DOCUMENTS, AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE, DOCUMENTS, OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
Orion Systems, as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our website, Documents, or Services, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of our website or Services, (d) your use of our website, Documents, or Content, (e) the content contained on our website, Documents, or Services, or (f) any delay or failure in performance of our website and Services beyond our control.
IN NO EVENT WILL ORION SYSTEMS OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, DOCUMENTS, CONTENT, SERVICES, OR ANY RELATED SOFTWARE. ORION SYSTEMS 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 US FOR OUR DOCUMENTS OR SERVICES.
Refunds and Our Guarantee
We want our customers to be satisfied with all our products. We have what we consider a very reasonable guarantee policy. We offer the following guarantee for our Documents and Services:
1) Our single business and legal forms are backed by a 100% money-back guarantee if they do not accomplish the task they were designed for when properly filled out. Requests for refunds need to be made within 30 days from the date of purchase.
2) CUSTOMIZED DOCUMENTS
There are no refunds for Documents that we customize specifically for you and your website, blog, mobile application, software, or other online or offline platform or business. We make no guarantees whatsoever about the performance or efficacy of any Documents that we customize for you.
3) DOCUMENTS PACKAGES
Your purchase price for our website protection and compliance packages and the big 3 package are not refundable.
Any Documents and software that are downloaded from this website and ready for immediate use, will not be issued a refund should the customer request a refund before making a reasonable attempt to use the forms for the specific purpose they were designed for.
Any of our Documents and software downloaded from this website and ready for immediate use will be not be issued a refund should the customer request a refund because they are having technical problems with their Internet connection or computer that is beyond our control. However, we will gladly provide the customer with information to download the Documents and software to another computer of their choice or email the form(s) as an attachment directly to them.
Termination of Membership
Your membership with us is effective until terminated by you or us. Your rights under this Agreement will terminate without our notice if you fail to comply with any term of these terms and conditions in this Agreement. On termination, you will stop representing yourself as a registered Member. You must delete or destroy any information, Documents, or Content (including all copies) obtained from our website. Certain provisions of this Agreement, including but not limited to copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will survive the termination of this Agreement.
Linking to Our Website
You may provide links to our website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our website, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our website immediately upon request by us.
Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content, Documents, or Services are in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such provision, nor of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
Changes to Our Terms and Conditions
We reserve the right to change this Agreement at any time by giving you advanced notice of the changes by email or in writing. We will also post these changes on our website. These changes will become effective 30 days after receiving the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of this Agreement, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our website, Documents, and Services after any change to this Agreement and notifying you will constitute your acceptance of such change. If you do not agree with the changes to this Agreement, you can choose to discontinue the use of our website, Services, and Documents.
If you need clarification about using our Documents or have questions about licensing our Documents, call (800) 963-2902 and ask for Jim.
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