Terms and Conditions/Privacy Policy

Terms And Conditions

The Orion Resource Group (“Orion”) provides this forum, also known as the Orion Communication Center (“OCC”), as a service to its members and to the public. The following terms and conditions (“Terms and Conditions”) govern your use of this Web Site (the “Web Site” or “Site”). Your use of this Web Site constitutes your acceptance of these Terms and Conditions and your agreement to be legally bound by them. You represent and warrant that you are at least 18 years of age and that you have the legal right and ability to enter this Agreement and to use this Site in accordance with the terms and conditions set forth herein.

Proprietary Rights

Except where indicated, The Orion Resource Group, Inc. is the owner of the copyright in the content of the Site and expressly reserves all rights therein (hereinafter referred to as “Orion”). Removing or altering the copyright notice on any material on the Site is expressly prohibited. Except where indicated, Orion owns all trademarks, service marks, logos, or other proprietary content featured on the Site. By posting material, the posting party warrants and represents that it either owns the copyright with respect to such material or has received express, written permission from the copyright owner. In addition, the posting party grants Orion and participants in the forum the non-exclusive right and license to display, copy, publish, distribute, transmit, print and use such information or other material. All material contained in this Site is protected by law, including, but not limited to, United States copyright law, and trademark law.

Use of Site Content

Any commercial use, distribution, reproduction, publication, display, modification of Site content is expressly prohibited. We are not responsible for the opinions and statements made by third parties on the Web Site. Orion expressly reserves the right to remove any content it deems offensive, defamatory, abusive, sexually explicit, or otherwise in violation of a third party’s rights. Parts of this website may be restricted to certain users, such as to members of Orion. To gain access to and use certain portions of the website you may need to register/join and select a user name and password. Users are responsible for maintaining their password as confidential. Orion reserves the right to delete or deactivate a user’s password or account or suspend, terminate, or limit a user’s access to the website, and membership, at its sole discretion, and without notice.

No Legal Services or Advice.

This website may contain general information relating to matters of a legal nature. This information is not, and should not, be treated as, legal advice. You must not rely on the information provided on this Site as an alternative to legal advice from an attorney or other professional legal services provider. Any specific questions about a legal matter should be reviewed with an attorney or other professional legal services provider. No attorney-client relationship is established between Orion and you by reason of your use of this Web Site, your selection of an elder care professional from our directory, or under any circumstances whatsoever. You should never delay seeking legal advice, disregard said advice, or consider legal action based solely on information on this Site. This is not a referral service and the listings do not constitute a referral or endorsement.

No Medical Services or Advice.

This Web Site is designed to provide general information about elder and senior care matters. You must not rely on the information on this website as an alternative to seeking medical or other similar advice from a doctor or other type of care or wellness provider. Nothing contained, expressed or implied, in the Web Site is intended as nor shall be construed as medical advice. If you have any specific questions about any medical matter you should consult your doctor or other professional healthcare provider. No doctor-patient relationship is established between Orion and you by reason of your use of this Web Site, your selection of an elder care professional from our directory, or under any circumstances whatsoever. If you think you may be suffering from any medical condition you should seek immediate medical attention directly from your personal healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue any medical treatment because of information you may have viewed on this Web Site. This is not a referral service and the listings do not constitute a referral or endorsement. Nothing in this medical disclaimer will limit any of our liabilities in any way that is not permitted under applicable law, or exclude any of our liabilities that may not be excluded under applicable law.

Privacy Policy

Orion also has a Privacy Policy stating what information we collect about visitors to our Web Site, how that information is used and secured, and explaining your options in amending the information we have, and how we may use information we have collected about you via the Web Site. Click here to view our Privacy Policy, which is incorporated by reference, as if set forth fully herein.

Corrections and Changes

While we endeavor to keep the materials on the Web Site up to date, Orion cannot assume responsibility for any errors or omissions in these materials, whether that content is user-contributed or otherwise. Orion further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. Orion may make changes to these materials, or to the products or services described herein, at any time without notice, and makes no commitment to update the information contained herein. Orion reserves the right to terminate your access to the Site in the event that you violate these Terms and Conditions, or for any reason whatsoever.

Links to Other Web Sites

This Site may include links to other Internet Web sites for the convenience of users in identifying information and services that may be of interest. Users of the Web Site acknowledge that these third-party sites are maintained by persons or organizations over which Orion exercises no control, and Orion expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party sites. Orion does not control, endorse, promote, or have any affiliation with any other Web Site unless expressly stated.

Disclaimer of Warranty and Liability

USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. NEITHER ORION NOR ITS AFFILIATES SHALL BE LIABLE TO YOU IN RELATION TO THE CONTENTS OF, USE OF, OR OTHERWISE IN CONNECTION WITH, THIS WEB SITE. THIS WEB SITE IS PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ORION SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THIS WEB SITE OR THE MATERIALS CONTAINED ON THIS WEB SITE.

Indemnification

You agree to defend, indemnify, and hold harmless Orion, its affiliates, and all of their respective directors, members, officers, employees, representatives, partners, shareholders, principals, agents, predecessors, successors, assigns, attorneys, and independent contractors, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney’s fees and litigation expenses) relating to or arising from your use of the Web Site, and/or any breach by you of these Terms and Conditions.

Governing Law and Jurisdiction

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New York, without reference to its choice of law rules. By accessing, viewing, or using the material on the Site, you consent to the jurisdiction of the federal and state courts located in New York City. This Web Site is controlled and operated within the United States. Orion makes no representation that materials in the Web Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Web Site from other locations assume responsibility for doing so and are fully responsible for compliance with applicable local laws.

Conflict of terms
In the event of a conflict between the provisions of these terms and conditions and any other relevant terms and conditions, policies or notices, these terms and conditions shall prevail, unless otherwise expressly indicated in another document.

Severability

Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

These Terms and Conditions constitute the entire agreement between you and Orion with respect to your use of the Web Site. If any provision of these Terms and Conditions is held to be invalid or unenforceable for any reason, that will not affect the remaining portions, which will remain in full force and effect. You acknowledge that, in providing you access to and use of the Web Site, Orion has relied on your agreement to be legally bound by these Terms and Conditions.

Privacy Policy

The Orion Resource Group (“Orion”) is committed to protecting the privacy of the users of this Web Site (the “Web Site” or “Site”).  Any information you provide to us will be used and disclosed as set forth in our Web Site Privacy Policy and Web Site Terms of Use.  We do not collect any identifiable information about visitors to this site, except as disclosed in this Privacy Policy. This Privacy Policy does not apply to the privacy practices of companies, individuals, or web sites, not owned or controlled by Orion. Your use of this Web Site constitutes your acknowledgement of and agreement to these Policies.

Web Site User Data

You are not required to provide information directly to us in order to view the Web Site. However, when you use certain functions, such as when you register/join as a Member of The Orion Resource Group, Inc., we may ask you to provide information, including:

  • contact information, such as name, email address, zip code, and birth month/day;
  • username and password;
  • information posted in community discussions and other interactive online features;
  • search queries conducted on the Site;
  • credit card information; and
  • correspondence you may send to us.

Orion  utilizes certain third party vendors to provide enhanced security and functionality to the Site, including the use of SSL Certificates to protect any credit card information you provide, and also through the use of “cookies”, which are a small file stored on users’ computers.  However, the information we collect is not shared with any other organization for their independent use.  We do not sell or rent personal information about visitors to this Site or users of the site.  If you do not wish “cookies” to be accepted on your computer, most web browsers allow you to decline or deactivate “cookies”, however, blocking “cookies” may have a negative impact on the usability and functionality of our Web Site.

 E-mail and Messages

We use a third-party vendor to help us manage some of our online communications with our members.  Your e-mail address will not be used for any purpose other than to communicate with you on our behalf.  Comments or questions submitted via e-mail or secure messaging forms will be shared with Orion staff and authorized designees of Orion, if necessary.  Your email messages may be archived by us to better serve you.

Disclosures

We do not knowingly collect or use personal information of children under the age of 13 without the consent of a parent or guardian.  We may disclose personal information, only when required to do so, pursuant to a subpoena, court order, or search warrant.

Third Party Services

To enhance and streamline your experience when visiting our Web Site, you may be able to interact with our Site through third party services, such as Twitter, LinkedIn, and Facebook.  If you connect to the Web Site through these, or any other, third party services, your information may be automatically shared with these sites.  As this Policy and our Terms of Use apply to our Web Site only, we encourage you to review the usage policies of any third party sites you might utilize.

Security & Confidentiality

We make all efforts to minimize the access to your information by our employees, service providers, and/or independent contractors, who may use such information only in the limited performance of their duties, however, no storage or data transmission can be guaranteed with 100% certainty.  Know that your security and safety while using our Web Site is of the utmost importance to us.

Visitors from outside the United States

The offices of Orion and this Web Site are located in the United States. If you visit the site from another country, the information you provide to us or that we obtain as a result of your use of the Site may be processed in and transferred to the United States and will be subject to U.S. law. U.S. privacy and data protection laws may differ from the laws in your country of residence. By using the Site or providing us with your information, you consent to the collection, transfer, storage, and processing of information to and in the United States.

California visitors

Residents of the State of California may request a list of all third parties to which the Site has disclosed certain information for the third parties’ direct marketing purposes during the preceding year. You may contact us at [email protected] if you are a California resident and would like a copy of this list, including your name, street address, city, state, and zip code in your request. Please note that we shall not be responsible for notices that do not contain complete information or which are not received by us at the email address set forth hereinabove.

Opt out

If at any time you no longer wish to receive information previously requested by you on our Web Site, you may make a request to discontinue future mailings. Even if you have given us permission to send e-mails to you, you may revoke that permission at any time by following the “unsubscribe” information at the bottom of the e-mail. You may also change your contact information by following the instructions contained in emails or messages you receive from us.

Revisions to the Privacy Statement

This Privacy Policy may be periodically revised due to changes in the law or updated features which affect our services.  If you have any questions about our Privacy Policy, please feel free to review it to make yourself aware of any changes that may affect you.  This Policy will reflect the effective date.  Any revised Privacy Policy will apply both to information we already have about you on the effective date, as well as information provided by you after any changes takes effect.

Questions and contacts

If you have any questions about this Privacy Policy, you can contact us by sending a message to [email protected].