Your Orionfans.com Account and Site. If you create a customer account on the Orion Fans website (http://www.orionfans.com), you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You must immediately notify Orion Fans of any unauthorized uses of your account or any other breaches of security. Orion Fans will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Copyright Infringement and DMCA Policy. As Orion Fans asks others to respect its intellectual property rights; it respects the intellectual property rights of others. If you believe that material located on or linked to by Orion Fans violates your copyright, you are encouraged to notify Orion Fans in accordance with the Digital Millennium Copyright Act (“DMCA”). Orion Fans will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
Intellectual Property. This Agreement does not transfer from Orion Fans to you any Orion Fans or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Orion Fans. Orion Fans, the orionfans.com logo, and all other trademarks, service marks, graphics and logos used in connection with orionfans.com, or the website are trademarks or registered trademarks of Orion Fans or Orion Fans’s licensors. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Your use of the website grants you no right or license to reproduce or otherwise use any Orion Fans or third-party trademarks.
Changes. Orion Fans reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the website following the posting of any changes to this Agreement constitutes acceptance of those changes. Orion Fans may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. Orion Fans may terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your orionfans.com account, you may simply discontinue using the website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The website is provided “as is”. Orion Fans and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Orion Fans, nor its suppliers and licensors, makes any warranty that the website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content, services and/or products through the website at your own discretion and risk.
Limitation of Liability. In no event will Orion Fans, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data. Orion Fans shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless Orion Fans, it’s owner, Knight Electronics Inc., its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including damages and attorneys’ fees, arising out of your use of the website and/or Orion Fans products, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between Orion Fans and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Orion Fans, or by the posting by Orion Fans of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the website will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Dallas County, Texas. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Orion Fans may assign its rights under this Agreement without condition. This Agreement will be binding upon and will convey to the benefit of the parties, their successors and permitted assigns.