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Terms of Service

Effective: April 16th, 2024

Overview

Orion Software, LLC operates various digital platforms and services. By accessing these services, you agree to be bound by these Terms of Use. This agreement applies to all visitors and users, whether registered or not.

By accessing or using our services, you agree to all the terms and conditions of this Agreement.

Privacy Policy

The Privacy Policy is incorporated by reference into this agreement. By using our services, you also agree to the terms of our Privacy Policy, which describes how we collect, use, and share your personal information.

Digital Millennium Copyright Act

Copyright owners may submit DMCA notifications with the following information:

  • Authorized representative signature
  • Identification of copyrighted work
  • Material identification and location details
  • Contact information
  • Good faith belief statement
  • Accuracy statement under penalty of perjury

Copyright Agent

Orion Software, LLC

Attn: Copyright Agent

44 W Broadway, Ste 230

Eugene, OR 97401

info@orionsoftware.co

Your Account

Users registering on the site must maintain password confidentiality and accept responsibility for account activities. The platform sells children's products to adults only.

If you are under 18, you may use the Site only with involvement of a parent or guardian. Orion Software does not knowingly collect information from children under 13. For more information on how we handle children's data, see our Privacy Policy. Parents should contact us at info@orionsoftware.co if child information is collected.

Errors on the Site

Product prices and availability may change without notice. Orion Software may refuse or cancel orders placed at incorrect prices and will issue refunds if charges were already processed.

Order Policy and Shipping

Order confirmations do not guarantee acceptance. Orion Software reserves the right to accept, decline, or modify orders. Items are shipped via third-party carriers, and risk of loss transfers upon carrier delivery.

Dissatisfied customers may return items per the Return Policy.

Site Content

The site provides information for convenience, but may contain errors or outdated material. If products don't match descriptions, customers can return them per policy. This website may be covered by U.S. Patent 6,091,956.

Site Policies, Modification, and Severability

Orion Software may change the site and these terms at any time. Users should review current policies before each use. If dissatisfied, the sole remedy is discontinuing use.

Invalid provisions are severable; remaining terms remain enforceable.

User Content

Distributing User Content

Users posting reviews and comments grant Orion Software the right to reproduce, display, distribute, and create new works using that content without time limits or fees.

No Endorsement of User Content

Prohibited content includes harmful, vulgar, obscene, or unlawful material. Orion Software doesn't pre-screen content but reserves the right to refuse, edit, or remove problematic posts.

Communications

Users consent to electronic communications. Providing a cell phone number grants consent for telephone, SMS, and MMS contact for transactional, operational, or informational purposes. Automated messaging may be used. Users can unsubscribe via the Account section. For details on how we handle your contact data, see our Privacy Policy.

Text message scenarios include:

  • Order status updates
  • Feedback requests following orders
  • Delivery coordination messages
  • Customer Care responses

Standard carrier rates apply. Carriers aren't liable for delays or failures.

Disclaimers and Limitation of Liability

Orion Software provides its services on an "as is" and "as available" basis. No warranties that services meet requirements or will be uninterrupted or error-free. Product warranties come from manufacturers.

Orion Software isn't liable for indirect, incidental, or consequential damages, except for personal injury, property damage from defective products, or gross negligence/fraud.

Security

Users must maintain account confidentiality and restrict device access. Prohibited activities include:

  • Tampering with services
  • Misrepresenting identity
  • Using buying agents
  • Conducting fraud
  • Probing system vulnerabilities
  • Disrupting service (viruses, flooding, spamming)
  • Forging communications
  • Sending unsolicited promotional emails
  • Using automated navigation tools (except provided search)

Violations may result in prosecution.

Termination

Rights terminate automatically upon non-compliance. Orion Software may modify, suspend, or discontinue services at any time without notice. Upon termination, access rights end immediately and all use must cease.

Surviving provisions include copyright, disclaimers, liability limitations, dispute resolution, and indemnification. Our Privacy Policy continues to govern any personal information we retain after termination. Orion Software may seek all legal remedies, including blocking access from accounts, devices, or IP addresses.

Governing Law

Oregon law governs (except dispute resolution), without regard to conflict of laws. The Federal Arbitration Act governs dispute resolution. Claims must be initiated within one year of accrual or are waived.

Dispute Resolution

I. Informal Dispute Resolution

Disputes must first be resolved informally. The initiating party must send a written description to the other party including name, claim nature, and relief sought. Both parties then negotiate in good faith. If unresolved within 60 days, formal proceedings may commence.

For user-initiated disputes, send to: info@orionsoftware.co

II. Mutual Arbitration Agreement

All claims, disputes, or disagreements shall be submitted exclusively to binding arbitration. This includes all claims arising before, during, or after the agreement.

You and Orion Software are each waiving the right to a trial by jury.

III. Class Action Waiver

Disputes cannot be arbitrated on class, collective, or representative bases. The arbitrator cannot consolidate multiple claims or preside over class proceedings. Relief awards are individual only.

IV. Arbitration Rules

The American Arbitration Association (AAA) administers arbitration using either Commercial or Consumer Arbitration Rules. Rules available at adr.org or 1-800-778-7879.

V–VI. Arbitration Process and Location

Arbitration occurs in the user's county. Disputes under $10,000 without injunctive relief are document-based. Proceedings are confidential and sealed except for court confirmation purposes.

VII. Batch Arbitration

When 100+ similar demands from the same law firm or organization are filed within 30 days, they're batched in groups of 100 with one arbitrator per batch and one filing fee per side.

VIII. Arbitrator's Decision

The arbitrator issues an award within AAA-specified timeframes. Judgment may be entered in any competent court. The arbitrator awards monetary and non-monetary relief on an individual basis.

IX. Fees

Users pay AAA fees per applicable rules. If arbitration costs are prohibitively high compared to litigation, Orion Software pays necessary portions to make arbitration affordable.

X. Right to Opt-out

New users (first account created after October 14, 2021) may opt out of arbitration within 30 days by notifying Orion Software in writing with name, address, email, and a clear opt-out statement. Send to: info@orionsoftware.co

Waiver and Severability

Orion Software waivers must be written. If portions are void or unenforceable, that portion is severable and replaced with a valid provision matching original intent. Remaining terms stay enforceable.

Entire Agreement

This agreement, plus amendments and related agreements, constitutes the complete agreement regarding the Platform and Services.

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Questions about these terms?

Reach us at info@orionsoftware.co and we'll respond within 24 hours.