ORDEN WEBSITE TERMS OF USE
(Effective Date: May 1, 2024)
This Website is operated by The Orden Company, LLC, on behalf of ourselves and our affiliated entities (“Orden”).
Acceptance of Terms of Use
The following terms and conditions (“Terms of Use”) govern your access to and use of this website including any restricted area of access (the “Website”) and any social media pages which are available from the Website (“Social Media Pages”) (collectively, the Website and Social Media Pages are referred to as “Orden Online Services”). Any reference in these Terms of Use to the term “we”, “us” or “our” shall mean Orden.
By using any of the Orden Online Services, you accept and agree to follow these Terms of Use and our Privacy Policy, found here, without any reservations, modifications, additions, or deletions. If you do not agree to comply with these Terms of Use or the Privacy Policy, you are (i) not authorized to access or use the Orden Online Services and (ii) may be denied access to the Orden Online Services, with or without prior notice to you.
We may from time to time modify these Terms of Use and will post a copy of the revised Terms of Use on the Website. You will be deemed to have accepted the Terms of Use, as amended, if you continue to use the Orden Online Services after any amendments are posted on the Website. If you do not agree to, or cannot comply with, the Terms of Use, as amended, you must not access or use the Orden Online Services. We reserve the right to refuse to provide our services to anyone at any time.
By using the Orden Online Services, you consent to allow us to use your information in compliance with the Privacy Policy.
Authorized Users
In order to use the Orden Online Services, you must be at least 18 years of age. You represent that (i) you have read and understood, and that you agree to be bound by these Terms of Use and (ii) you are at least 18 years old. If you do not agree to, or cannot comply with, any of these Terms of Use, please do not attempt to access the Orden Online Services.
Certain areas on this Website are accessible to our approved registered users. Where the Website requires you to register prior to granting you access to a restricted area of the Website, you agree to provide truthful information, including but not limited to a user name and password as well as your name, address, telephone number and a valid email address (the “account information”). You agree to provide accurate account information and to update your account information as necessary to keep it accurate. Orden will use your account information in accordance with its Privacy Policy, which can be found here. You are solely responsible for maintaining the confidentiality of your username and password. You agree to notify us immediately of any unauthorized use or disclosure of your username, password or account. Orden will not be responsible for any losses arising out of the unauthorized use of your account and you agree to indemnify and hold harmless Orden, its parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your account.
Ownership of the Website
You agree as follows: All rights, title and interests with respect to the Orden Online Services, including without limitation, the information, services, products, and software contained therein or provided thereby (collectively, the “Information”) and all trademarks, trade names, service marks, graphics, and logos (collectively, “Intellectual Property”) are the property of, owned by, or licensed to Orden and/or its affiliates and partners and are protected by copyright, trademark and other laws. Except as expressly provided herein, no right, title or interest in the Orden Online Services, Information or Intellectual Property is transferred to you. Nothing in these Terms of Use or on the Orden Online Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to copy, imitate, or use, in whole or in part, the Intellectual Property or Information, without the express written permission of Orden. Unauthorized copying or use of any Intellectual Property or Information is strictly prohibited. Photographs herein are the property of their respective owners and use of the images is prohibited without the express prior written consent of Orden or the owner. Orden may update or modify the content of the Orden Online Services at any time without prior notice to you, as well as deny or limit access to the Orden Online Services.
License to Use the Website
Orden grants you a limited, non-exclusive, revocable, non-assignable, non-transferable and non-sublicensable license to access and use the Website, in accordance with these Terms of Use and all applicable laws, rules and regulations. Any use of the Website not specifically permitted under these Terms of Use is strictly prohibited. Orden reserves and retains all rights not expressly granted in these Terms of Use.
By accessing and using the Website, you agree that you will not:
- Impersonate any person or entity or misrepresent your affiliation with any other person or entity. Use the Information for any unauthorized reason, without the express written consent of Orden. This includes copying, distributing, creating derivative works from or publishing the Information or Intellectual Property for commercial, public or other unauthorized use.
- Launch, transmit, distribute, promote, or otherwise make available material of any kind that contains, without limitation, viruses or any other computer code or file or program designed to (i) interfere with, limit or disrupt the Website, the functionality thereof, or servers or networks connected to the Website or (ii) interrupt or damage or disable or destroy or limit the functionality of any computer software or hardware or other equipment associated with the Website.
- Sell, rent, lease or loan access to the Website to any third party.
- Engage in any reverse engineering, or otherwise attempt to gain unauthorized access to Orden’s computer networks or servers, the Website, or any Information, content, or data associated therewith.
- Attempt to gain unauthorized access to third party computer systems through the Website.
Orden makes no representation that materials contained on the Website or products described or offered on the Website are appropriate or available for use outside of their relevant jurisdictions. Visitors who use the Website and reside outside the relevant jurisdictions do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Website from any territory where its contents are illegal, and that you, and not Orden, are responsible for compliance with applicable local laws.
These Terms of Use are effective unless and until terminated by either you or Orden. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Website. Orden also may terminate or suspend these Terms of Use, at any time, without notice, and accordingly deny you access to the Website, for any reason, including without limitation, if in Orden’s sole discretion 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 Orden and its affiliated entities.
This Section shall survive any termination of these Terms of Use.
Accuracy and Reliance on Website Information
Orden does not warrant the accuracy or completeness of information presented on or through the Website and disclaims all liability and responsibility arising from any reliance on such information.
This Website may include content provided by third parties. All statements and opinions of such third parties are solely the responsibility of the person providing those materials and do not necessarily reflect the opinion of Orden.
Press Releases
The information contained within any press release issued by Orden should not be deemed accurate or current except as of the date the release was posted. Orden has no intention of updating, and specifically disclaim any duty to update, the information in any press release.
Privacy Policy
Your use of the Orden Online Services is subject to Orden’s Privacy Policy, which is incorporated by reference and made a part of these Terms of Use. It is important that you read and understand the terms of Orden’s Privacy Policy. Orden may cooperate with and disclose information (including your account information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement, whether related or unrelated to your use or misuse of the Orden Online Services.
Links to Third Party Websites
This Website may be linked to other websites on the World Wide Web or Internet, or resources provided by third parties, which are not affiliated with, under the control of, or otherwise maintained by Orden. If so, such links are provided for your convenience only. We have no control over the contents of those sites or resources. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. You agree that Orden is not responsible or liable for any loss or damage that may arise from your use of third-party websites and resources linked to this Website.
Disclaimer of Warranties
YOUR USE OF THIS WEBSITE, ITS CONTENT AND ANY SERVICES ACCESSED THROUGH THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE ORDEN ONLINE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORDEN DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. ORDEN MAKES NO WARRANTY OR REPRESENTATION THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED, OR WITHOUT ERRORS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND ORDEN DISCLAIMS ANY LIABILITY RELATING THERETO.
Limitation of Liability
IN NO EVENT WILL ORDEN OR ANY PERSONS ASSOCIATED WITH ORDEN BE LIABLE TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR ANY OTHER ORDEN ONLINE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF REVENUE, LOSS OF PROFITS, CORRUPTION OF FILES, LOSS OF BUSINESS OR BUSINESS INFORMATION OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF OTHER DATA, EVEN IF ORDEN WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity
You agree to defend, indemnify and hold harmless Orden and its affiliates and their respective managers, members, directors, officers, shareholders, employees, contractors, agents, licensors, successors and assigns from and against any suits, claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees and other legal costs) arising out of or in connection with your violation of these Terms of Use or your use or misuse of any of the Orden Online Services.
Waiver and Severability
No waiver by Orden of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Orden to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible such that the remaining provisions of the Terms of Use will continue in full force and effect.
Jurisdiction and Venue
Orden oversees and maintains the Orden Online Services from its principal place of business in Santa Fe Springs, California, United States of America. Any dispute or claim relating to the Orden Online Services and these Terms of Use shall be governed by the laws of the State of California without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Orden Online Services shall be instituted exclusively in the state or federal courts in the State of California, and venue for the adjudication of any suit, action or proceeding shall be in the County of Los Angeles, California. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Orden with respect to the Orden Online Services and supersede all prior understandings, agreements, representations and warranties, both written and oral.
Contact Us
If you have any questions regarding the Orden Online Services or these Terms of Use, please contact Orden by sending an email to privacypolicy@ordencompany.com or by mail to The Orden Company, Attn: Terms of Use, 13116 Imperial Highway, Santa Fe Springs, CA 90670.
