TERMS OF SERVICE AGREEMENT
TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE
BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS
THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER
TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF
YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN
PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF
SERVICE AGREEMENT IS EFFECTIVE AS OF 01/19/2017.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern
the relationship with our users and others which may interact or interface with Orion Erosion Control, Inc,
also known as Orion Erosion Control Inc, located at 3350 Riverwood Parkway SE, STE 1900 Atlanta, 30339
and our subsidiaries and affiliates, in association with the use of the Orion Erosion Control website, which includes
www.orionerosioncontrol.com, (the "Site") and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website corporate website which has the following description:
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as "users" of the
herein contained Services provided for the purpose of this TOS. Once an individual register's for our
Services, through the process of creating an account, the user shall then be considered a "member."
The user and/or member acknowledges and agrees that the Services provided and made available through
our website and applications, which may include some mobile applications and that those applications may
be made available on various social media networking sites and numerous other platforms and
downloadable programs, are the sole property of Orion Erosion Control Inc. At its discretion, Orion Erosion Control, Inc
may offer additional website Services and/or products, or update, modify or
revise any current content and Services, and this Agreement shall apply to any and all additional Services
and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Orion Erosion Control Inc
does hereby reserve the right to cancel and cease offering any of the
aforementioned Services and/or products. You, as the end-user and/or member, acknowledge, accept and
agree that Orion Erosion Control Inc shall not be held liable for any such updates, modifications,
revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the
Services provided, after such posting of any updates, changes, and/or modifications shall constitute your
acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement
and any and all applicable terms and policies should be made by you to ensure you are aware of all terms
and policies currently in effect. Should you not agree to the updated, revised, or modified terms, you must
stop using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall
be provided "AS IS" and as such Orion Erosion Control Inc shall not assume any responsibility or
the obligation for the timeliness, missed delivery, deletion, and/or any failure to store user content,
communication or personalization settings.
To register and become a "member" of the Site, you must be at least 18 years of age to enter into and form a
legally binding contract. In addition, you must be in good standing and not an individual that has been
previously barred from receiving Orion Erosion Control's Services under the laws and statutes of the United States
or another applicable jurisdiction.
When you register, Orion Erosion Control Inc may collect information such as your name, e-mail address, birth date,
gender, mailing address, occupation, industry, and personal interests. You can edit your account information at
any time. Once you register with Orion Erosion Control and sign in to our Services, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands, and agrees to:
a) furnish factual, correct, current, and complete information with regards to yourself as may be
requested by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort to maintain
accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Orion Erosion Control
Express Technologies, Inc will have sufficient grounds and rights to suspend or terminate the member in
violation of this aspect of the Agreement, and as such refuse any and all current or future use of Orion Erosion Control Inc,
Services, or any portion thereof.
It is Orion Erosion Control Inc's priority to ensure the safety and privacy of all its visitors, users and
members, especially that of children. Therefore, it is for this reason that the parents of any child under the
age of 13 that permit their child or children access to the Orion Erosion Control website platform Services must
create a "family" account, which will certify that the individual creating the "family" account is of 18 years
of age and as such, the parent or legal guardian of any child or children registered under the "family"
account. As the creator of the "family" account, s/he is thereby granting permission for his/her child or
children to access the various Services provided, including, but not limited to, message boards, email,
and/or instant messaging. It is the parent's and/or legal guardian's responsibility to determine whether any
of the Services and/or content provided are age-appropriate for his/her child.
Every member's registration data and various other personal information are strictly protected by the Orion Erosion Control, Inc
www.orionerosioncontrol.com/privacypolicy). As a member, you herein consent to the collection and use of the
information provided, including the transfer of information within the United States and/or other countries
for storage, processing, or use by Orion Erosion Control Inc and/or our subsidiaries and affiliates.
MEMBER ACCOUNT, USERNAME, PASSWORD, AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsible for
maintaining the secrecy and confidentiality of your password and for all activities that transpire on or
within your account. It is your responsibility for any act or omission of any user(s) that access your account
information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your
responsibility to notify Orion Erosion Control Inc immediately if you notice any unauthorized access
or use of your account or password or any other breach of security. shall
not be held liable for any loss and/or damage arising from any failure to comply with this term and/or
condition of the TOS.
As a user or member of the Site, you herein acknowledge, understand, and agree that all information, text,
software, data, photographs, music, video, messages, tags, or any other content, whether it is publicly or
privately posted and/or transmitted is the expressed sole responsibility of the individual from whom the
content originated. In short, this means that you are solely responsible for any and all content posted,
uploaded, emailed, transmitted or otherwise made available by way of the Orion Erosion Control Services, and as
such, we do not guarantee the accuracy, integrity, or quality of such content. It is expressly understood that
by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions
in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content
posted, emailed, transmitted or otherwise made available by Orion Erosion Control.
Furthermore, you herein agree not to make use of Orion Erosion Control Inc's Services for the
a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be
deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any Orion Erosion Control officials,
forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an
individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally have no
right to pursuant to any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting, or otherwise offering any such content that may infringe
upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other
f) uploading, posting, emailing, transmitting, or otherwise offering any content that you do not
personally, have any right to offer pursuant to any law or in accordance with any contractual or
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized
advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any
such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a
software virus or other computer code, any files and/or programs which have been designed to
interfere, destroy and/or limit the operation of any computer software, hardware, or
i) disrupting the normal flow of communication, or otherwise acting in any manner that would
negatively affect other users' ability to participate in any real-time interactions;
j) interfering with or disrupting any Orion Erosion Control Inc Services, servers and/or networks
that may be connected or related to our website, including, but not limited to, the use of any device
software and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international law,
including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and
Exchange Commission, in addition to any rules of any nation or other securities exchange, that
would include without limitation, the New York Stock Exchange, the American Stock Exchange, or
the NASDAQ, and any regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising the character, location,
and or source to any organization delegated by the United States government as a "foreign terrorist
the organization" in accordance with Section 219 of the Immigration Nationality Act;
m) "stalking" or with the intent to otherwise harass another individual; and/or
n) collecting or storing any personal data relating to any other member or user in connection with the
prohibited conduct and/or activities that have been set forth in the aforementioned paragraphs.
Orion Erosion Control Inc herein reserves the right to pre-screen, refuse and/or delete any content
currently available through our Services. In addition, we reserve the right to remove and/or delete any such
content that would violate the TOS or which would otherwise be considered offensive to other visitors,
users and/or members.
Orion Erosion Control Inc herein reserves the right to access, preserve and/or disclose member
account information and/or content if it is requested to do so by law or in good faith belief that any such
action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content is in violation of the rights of any third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety Orion Erosion Control, Inc, its visitors,
users and members, including the general public.
Orion Erosion Control Inc herein reserves the right to include the use of security components that
may permit digital information or material to be protected, and that such use of information and/or material
is subject to usage guidelines and regulations established by Orion Erosion Control Inc or any other
content providers supplying content services to Orion Erosion Control Inc. You are hereby prohibited
from making any attempt to override or circumvent any of the embedded usage rules in our Services.
Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or
materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
Upon registration, you hereby acknowledge that by using www.orionerosioncontrol.com to send electronically
communications, which would include, but are not limited to, email, searches, instant messages, uploading
of files, photos, and/or videos, you will be causing communications to be sent through our computer
network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that
the use of this Service shall result in interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network, you hereby agree to comply with all
local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting, and/or transferring software, technology, and other technical data may be subject to the export and import
laws of the United States and possibly other countries. Through the use of our network, you thus agree to
comply with all applicable export and import laws, statutes and regulations, including, but not limited to,
the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the
sanctions control program of the United States (http://www.treasury.gov/resourcecenter/
sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export
exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of
any other government which may be part of an export-prohibited country identified in applicable
export and import laws and regulations;
b) agree not to transfer any software, technology, or any other technical data through the use of our network
Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or
biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology, or any other technical data which
would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Orion Erosion Control Inc shall not lay claim to ownership of any content submitted by any visitor,
member, or user, nor make such content available for inclusion on our website Services. Therefore, you
hereby grant and allow for Orion Erosion Control Inc the below listed worldwide, royalty-free and
non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of Orion Erosion Control, Inc's sites,
the license provided to permit to use, distribute, reproduce,
modify, adapt, publicly perform and/or publicly display said Content on our network Services is for
the sole purpose of providing and promoting the specific area to which this content was placed
and/or made available for viewing. This license shall be available so long as you are a member of
Orion Erosion Control, Inc's sites, and shall terminate at such time when you elect to
discontinue your membership.
b) Photos, audio, video, and/or graphics submitted or made available for inclusion on the publicly
accessible areas of Orion Erosion Control, Inc's sites, the license provided to permit to use,
distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services
are for the sole purpose of providing and promoting the specific area in which this
the content was placed and/or made available for viewing. This license shall be available so long as you
are a member of Orion Erosion Control, Inc's sites and shall terminate at such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of
Orion Erosion Control, Inc's sites, the continuous, binding, and completely sub-licensable
license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate,
publicly perform and/or publicly display said content, whether in whole or in part, and the
incorporation of any such Content into other works in any arrangement or medium current used or
Those areas which may be deemed "publicly accessible" areas of Orion Erosion Control, Inc's sites are
those such areas of our network properties which are meant to be available to the general public, and which
would include message boards and groups that are openly available to both users and members. However,
those areas which are not open to the public, and thus available to members only, would include our mail
system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
Orion Erosion Control Inc provides an area for our users and members to contribute feedback to our website.
When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site,
you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) Orion Erosion Control shall not be liable or under any obligation to ensure or maintain confidentiality,
expressed or implied, related to any Contributions;
c) Orion Erosion Control shall be entitled to make use of and/or disclose any such Contributions in any such
manner as they may see fit;
d) the contributor's Contributions shall automatically become the sole property of Orion Erosion Control; and
e) Orion Erosion Control is under no obligation to either compensate or provide any form of reimbursement in
any manner or nature.
All users and/or members herein agree to insure and hold Orion Erosion Control Inc, our subsidiaries,
affiliates, agents, employees, officers, partners, and/or licensors blameless or not liable for any claim or
demand, which may include, but is not limited to, reasonable attorney fees made by any third party which
may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise
make available through our Services, the use of Orion Erosion Control Services or your connection with these
Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any
the commercial reason any part, use of, or access to Orion Erosion Control Inc's sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that Orion Erosion Control Inc may set up any such practices and/or limits
regarding the use of our Services, without limitation of the maximum number of days that any email,
message posting or any other uploaded content shall be retained by Orion Erosion Control, Inc, nor the
maximum number of email messages that may be sent and/or received by any member, the maximum
volume or size of any email message that may be sent from or may be received by an account on our Service,
the maximum disk space allowable that shall be allocated on Orion Erosion Control Inc 's
servers on the member's behalf, and/or the maximum number of times and/or duration that any member
may access our Services in a given period of time. In addition, you also agree that Orion Erosion Control
Technologies, Inc has absolutely no responsibility or liability for the removal or failure to maintain storage
of any messages and/or other communications or content maintained or transmitted by our Services.
You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active
for an extended period of time. Furthermore, Orion Erosion Control Inc shall reserve the right to
modify, alter and/or update these general practices and limits at our discretion.
Any messenger service, which may include any web-based versions, shall allow you and the individuals
with whom you communicate with the ability to save your conversations in your account located on Orion Erosion Control, Inc's
servers. In this manner, you will be able to access and search your message
history from any computer with internet access. You also acknowledge that others have the option to use
and save conversations with you in their own personal account on www.orionerosioncontrol.com. It is your
agreement to this TOS which establishes your consent to allow Orion Erosion Control Inc to store any
and all communications on its servers.
Orion Erosion Control Inc shall reserve the right at any time it may deem fit, to modify, alter and or
discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior
notice. In addition, we shall not be held liable to you or to any third party for any such alteration,
modification, suspension, and/or discontinuance of our Services, or any part thereof.
As a member of www.orionerosioncontrol.com, you may cancel or terminate your account, associated email
address and/or access to our Services by submitting a cancellation or termination request to
As a member, you agree that Orion Erosion Control Inc may, without any prior written notice,
immediately suspend, terminate, discontinue and/or limit your account, any email associated with your
account, and access to any of our Services. The cause for such termination, discontinuance, suspension, and/or limitation of access shall include, but is not limited to:
a) any breach or violation of our TOS or any other incorporated agreement, regulation, and/or
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration, and/or material modification to our Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with your
www.orionerosioncontrol.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or
limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or
any other third party with regards to the termination of your account, associated email address, and/or
access to any of our Services.
The termination of your account with www.orionerosioncontrol.com shall include any and/or all of the following:
a) the removal of any access to all or part of the Services offered within www.orionerosioncontrol.com;
b) the deletion of your password and any and all related information, files, and any such content that
maybe associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located
on or through our Services, which may include the payment and/or delivery of such related goods and/or
Services, and any such other term, condition, warranty and/or representation associated with such dealings,
are and shall be solely between you and any such advertiser. Moreover, you herein agree that Orion Erosion Control, Inc
shall not be held responsible or liable for any loss or damage of any nature or manner
incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either Orion Erosion Control Inc or any third parties may provide links to other websites and/or
resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such
external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content,
products, advertising or any other materials, on or available from such third-party sites or resources.
Furthermore, you acknowledge and agree that Orion Erosion Control Inc shall not be responsible or
liable, directly or indirectly, for any such damage or loss which may be a result of, caused, or alleged to be
caused by or in connection with the use of or the reliance on any such content, goods or Services made
available on or through any such site or resource.
You do hereby acknowledge and agree that Orion Erosion Control Inc's Services and any essential
software that may be used in connection with our Services ("Software") shall contain proprietary and
confidential material that is protected by applicable intellectual property rights and other laws. Furthermore,
you herein acknowledge and agree that any Content which may be contained in any advertisements or
information presented by and through our Services or by advertisers is protected by copyrights, trademarks,
patents, or other proprietary rights and laws. Therefore, except for that which is expressly permitted by
applicable law or as authorized by Orion Erosion Control Inc or such applicable licensor, you agree
not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform, and/or created
any plagiaristic works which are based on Orion Erosion Control Inc Services (e.g. Content or
Software), in whole or part.
Orion Erosion Control Inc herein has granted your personal, non-transferable, and non-exclusive rights
and/or license to make use of the object code or our Software on a single computer, as long as you do not,
and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse
engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign,
sublicense, grant a security interest in and/or otherwise transfer any such right in the Software.
Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as
such, not to use any modified versions of the Software, including and without limitation, for the purpose of
obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services
through any means other than through the interface which is provided by Orion Erosion Control, Inc for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF ORION EROSION CONTROL INC SERVICES AND SOFTWARE ARE AT
THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON
AN "AS IS" AND/OR "AS AVAILABLE" BASIS. ORION EROSION CONTROL INC AND
OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND
WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
b) ORION EROSION CONTROL INC AND OUR SUBSIDIARIES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO SUCH WARRANTIES
THAT (i) ORION EROSION CONTROL INC SERVICES OR SOFTWARE WILL MEET
YOUR REQUIREMENTS; (ii) ORION EROSION CONTROL INC SERVICES OR
SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii)
THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE ORION EROSION CONTROL, INC
SERVICES OR SOFTWARE WILL BE ACCURATE OR
RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR
OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH
OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT
ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY
WAY OF ORION EROSION CONTROL INC SERVICES OR SOFTWARE SHALL BE
ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL
BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND
CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR
INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF
DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT
MAYBE OBTAINED BY YOU FROM ORION EROSION CONTROL INC OR BY WAY
OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE
SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE
YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE
CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS
WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE
TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY
MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT ORION EROSION CONTROL, INC
AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF
ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN
THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY
OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
In the event, you have a dispute, you agree to release Orion Erosion Control Inc (and its officers,
directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners, and any other third
parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and
unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts, or
other information from our Services concerning companies, stock quotes, investments, or securities, please
review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this
particular type of information, the phrase "Let the investor beware" is appropriate. Orion Erosion Control, Inc's
content is provided primarily for informational purposes, and no content that shall be
provided or included in our Services is intended for trading or investing purposes. Orion Erosion Control, Inc and our
licensors shall not be responsible or liable for the accuracy, usefulness, or
availability of any information transmitted and/or made available by way of our Services, and shall not be
responsible or liable for any trading and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO
You herein acknowledge, understand, and agree, unless otherwise expressly provided in this TOS, that there
shall be no third-party beneficiaries to this agreement.
Orion Erosion Control Inc may furnish you with notices, including those with regards to any changes
to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our
website Services, or other reasonable means currently known or any which may be hereinafter developed.
Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an
unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have
received any and all notices that would have been delivered had you accessed our Services in an authorized
You herein acknowledge, understand, and agree that all of the Orion Erosion Control Inc trademarks,
copyright, trade name, service marks, and other Orion Erosion Control Inc logos and any brand
features, and/or product and service names are trademarks and as such, are and shall remain the property of
Orion Erosion Control Inc. You herein agree not to display and/or use in any manner the Orion Erosion Control, Inc
logo or marks without obtaining Orion Erosion Control Inc's prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
Orion Erosion Control Inc will always respect the intellectual property of others, and we ask that all
of our users do the same. With regards to appropriate circumstances and at its sole discretion, Orion Erosion Control, Inc
may disable and/or terminate the accounts of any user who violates our TOS and/or
infringes on the rights of others. If you feel that your work has been duplicated in such a way that would
constitute copyright infringement, or if you believe your intellectual property rights have been otherwise
violated, you should provide us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of
the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by
the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your
notice is truthful and accurate, and that you are the copyright or intellectual property owner,
representative or agent authorized to act on the copyright or intellectual property owner's behalf.
The Orion Erosion Control Inc Agent for notice of claims of copyright or other intellectual property
infringement can be contacted as follows:
Orion Erosion Control Inc
Attn: Copyright Agent
3350 Riverwood Parkway SE,
BE IT KNOWN, that Orion Erosion Control Inc complies with all applicable Federal
Communications Commission rules and regulations regarding the closed captioning of video content.
For more information, please visit our website at www.orionerosioncontrol.com.
This TOS constitutes the entire agreement between you and Orion Erosion Control Inc and shall
govern the use of our Services, superseding any prior version of this TOS between you and us with respect
to Orion Erosion Control Inc Services. You may also be subject to additional terms and conditions
that may apply when you use or purchase certain other Orion Erosion Control Inc Services, affiliate
Services, third-party content, or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Orion Erosion Control Inc with regard to the TOS that
the relationship between the parties shall be governed by the laws of the state of Delaware without regard to
its conflict of law provisions and that any and all claims, causes of action, and/or disputes, arising out of or
relating to the TOS, or the relationship between you and Orion Erosion Control Inc shall be filed
within the courts having jurisdiction within the County of Gwinnett or the U.S. District Court located in
said state. You and Orion Erosion Control Inc agree to submit to the jurisdiction of the courts as
previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the
parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Orion Erosion Control Inc fail to exercise or enforce any right or provision of the
TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is
found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the
TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand, and agree that your account is non-transferable and any rights to your ID
and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death
certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand, and agree that regardless of any statute or law to the contrary, any claim or
action arising out of or related to the use of our Services or the TOS must be filed within One Year year(s)
after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to Orion Erosion Control Inc as follows:
Orion Erosion Control Inc
3350 Riverwood Parkway SE,