Terms of Service
This Terms of Service describes how orryan, orryano.com (“the Site”, “Our Site”, “We”) provides you with access to this Site and Our services (together, our “Services”) subject to the following terms and conditions.
By browsing, accessing, using, registering for, or purchasing digital services on this Site or otherwise using Our Services, you are agreeing to all of the following terms and conditions, including any policies referred to herein (collectively, these “Terms”). We reserve the right to change this Site and these Terms at any time. If you are unwilling to be bound by these Terms‚ you should not browse, access‚ use‚ register for or purchase merchandise from the Site.
Any new content, features, or tools which are added to the current Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this webpage. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this webpage periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
General Conditions
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Privacy Policy
Our Privacy Policy, which also governs your visit to Our Site, can be found in the Privacy Policy webpage. Please review the webpage for information on how We collect, use and share information about our users.
Use of This Site
Subject to your compliance with these Terms‚ We grant you a limited‚ non-exclusive‚ non-transferable‚ non-sublicensable license to access and make use of this Site. This license grant does not include:
any resale or commercial use of this Site;
the collection and use of any products and/or services listings or descriptions;
making derivative uses of this Site; or
use of any data mining‚ robots‚ or similar data gathering and extraction methods on this Site.
You may not use‚ frame or utilize framing techniques to enclose any of Our trademark‚ logo‚ content, or other proprietary information (including the images found at this Site‚ the content of any text or the layout/design of any webpage or form contained on a webpage) without Our express written consent. Further‚ you may not use any meta tags or any other “hidden text” utilizing Our name and/or trademark without Our express written consent. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of this Site so long as the link does not portray Us or Our products and/or services in a false, misleading, derogatory, or otherwise offensive matter. This limited right may be revoked at any time. You may not use any of Our logos or other proprietary graphics or trademarks as part of the link without express written permission.
Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.
This website may also contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
Content, Products and/or Services
We reserve the right, but are not obligated, to limit the distribution of content as well as sales of our products and/or services to any person/entity, geographic region, or jurisdiction.
Restrictions on the sales of products and/or services may include orders and/or bookings placed by or under the same customer account, the same credit card, and/or orders and/or bookings that use the same billing and/or shipping address. In the event that we make a change to or cancel an order and/or booking, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order and/or booking was made. We reserve the right to limit or prohibit orders and/or bookings that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
We may exercise this right on a case-by-case basis. Pricing are also subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue the distribution of content as well as any product and/or service at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Purchases on this Site
You agree that all of your transactions with or through this Site may, at Our option, be conducted electronically from start to finish. If We decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.
Only valid credit cards or other payment method acceptable to Us may be used. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Sites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
We attempt to be as accurate as possible and eliminate errors on this Site; however, We do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on this Site, in an order confirmation, in processing an order, delivering a product and/or service or otherwise, We reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
All products and/or services are subject to availability and We reserve the right to impose limits on any order, to reject all or part of an order and to discontinue products and/or services without notice, even if you have already placed your order. All prices are subject to change without notice. We reserve the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your state or jurisdiction is restricted or prohibited.
You agree to provide current, complete and accurate purchase and account information for all purchases made on this Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Account Information
In order to access some features of this Site‚ you might be required to register and We may assign to you, or you may be required to select, a password and user name or account identification. If you register‚ you agree to provide Us with accurate and complete registration information‚ and to inform us immediately of any updates or other changes to such information. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms, and We have no obligation to investigate the authorization or source of any such access or use of this Site. You will be solely responsible for all access to and use of this site by anyone using the password and identification originally selected by, or assigned to, you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use.
Third-Party Links and Tools
Certain content, products and/or services available via our Service may include materials, links or access to tools from third-parties, which we neither monitor nor have any control nor input. This Site may also contain links to other sites on the Internet that are owned and operated by third parties that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
You acknowledge and agree that we provide access to such tools ”as is” and “as available”. We are not liable for any harm or damages related to the purchase or use of products, services, resources, content, or any other transactions made in connection with any third-party websites. Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and/or services should be directed to the third-party.
We 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 also be subject to these Terms of Service.
User Content (User Comments and Other Submissions)
This Site may include features and functionality (“Interactive Features”) that allows users to create, post, transmit, or store any content, such as text, music, sound, photos, video, graphics or code on the Sites (“User Content”). You agree that you are solely responsible for your User Content and for your use of Interactive Features, and that your use any Interactive Features at your own risk. We take no responsibility and assume no liability for any comments posted by you or any third-party.
By using any Interactive Features, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following:
User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
User Content that displays, describes or encourages usage of any product and/or service We sell in a manner that could be offensive, inappropriate or harmful to Us or any user or consumer;
User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual’s consent;
User Content that makes false or misleading statements, claims or depictions about a person, company, product and/or service;
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; and
Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are objectionable or violates any party’s intellectual property or these Terms of Service.
Rights in User Content
Except as otherwise provided in these Terms, on this Site or in a separate agreement with Us, We claim no ownership or control over any User Content. However, by submitting or posting User Content on this Site, you grant to Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on this Site and on third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You also grant users of this Site the right to access your User Content in connection with their use of this Site. By posting User Content to this Site, you represent and warrant that (a) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to this Site and to grant to Us the rights that you grant in these Terms; (b) the User Content is accurate and not misleading or harmful in any manner; and (c) the User Content, and your use and posting thereof in connection with this Site, do not and will not violate these Terms or any other of Our applicable terms, guidelines or policies or any applicable law, rule or regulation.
Feedback
Separate and apart from User Content, you may have the ability to submit questions, comments suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding this Site, Us and our products and/or services (collectively “Feedback”). You agree that Feedback is non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Electronic Communication
When you use this Site, or send emails to Us, you are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with you by e-mail or by posting notices on this Site or through our other services. You agree that all agreements, notices, disclosures and other communication that We provide to you electronically satisfy any legal requirements that such communications be in writing.
Restrictions on Rights to Use
You agree you shall not (and you agree not to allow any other individual or entity using your password and identification to):
remove any copyright‚ trademark or other proprietary rights notice contained in or on the Site;
use any robot‚ spider‚ site search/retrieval application‚ or other device to retrieve or index any portion of this Site;
collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other users;
reformat or frame any portion of any webpages that are part of this Site;
create user accounts by automated means or under false or fraudulent pretenses;
create or transmit to other users unsolicited electronic communications‚ such as “spam‚” or otherwise interfere with other users’ enjoyment of the Site;
submit to this Site any content that falsely states or implies that such content is sponsored or endorsed by us;
transmit or upload to this Site any item containing or embodying any virus‚ worm‚ defect‚ malware‚ Trojan horse‚ software bomb or other feature designed to damage or degrade in any manner the performance of this Site‚ any other Web site‚ or any computer or other device or system‚ or the enjoyment of this Site by any user;
use this Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
submit to this Site any content that is unlawful or facilitates‚ constitutes‚ promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material‚ including any material deemed threatening or obscene;
copy or store any User Content offered on this Site other than for your personal‚ non-commercial use;
take any action that imposes‚ or may impose‚ in our sole discretion‚ an unreasonable or disproportionately large data or traffic load on this Site or the IT infrastructure used to operate and make this Site available; or
use this Site and/ or any User Content‚ intentionally or unintentionally‚ to violate any applicable local‚ state‚ federal or international law.
We have no obligation to monitor any user conduct on this Site, and We reserve the right and have absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice.
Ownership
The use of any of Our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product and/or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our patents‚ copyrights‚ trademarks‚ trade secrets or other proprietary rights.
Termination
You may terminate the Terms at any time by requesting closure your account, discontinuing your use of this Site, and/or providing Us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use this Site, or any portion of this Site, and to block or prevent your future access to and use of this Site or any portion of this Site.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you cease using our website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof).
Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Us and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (“Our Related Parties”), from and against any claims, damages, costs, liabilities and expenses (collectively, “Claims”) arising out of or related to:
your access to and use or misuse of this Site;
any User Content you post, upload, use, distribute, store or otherwise transmit on or through this Site;
any Feedback that you provide;
your violation of these Terms; and
your violation of any rights of another.
You agree to promptly notify Us of any third party Claims, cooperate with Us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys’ fees). You further agree that the We shall have the right to control of the defense or settlement of any third party Claims.
Disclaimers
Except as expressly provided, this site, including all site content, and services provided on or in connection with this site are provided on an “as is” and “with all faults” basis without representations, warranties or conditions of any kind, either express or implied. We disclaim all other representations, warranties, conditions and duties, express, implied or statutory, including but not limited to implied warranties, duties or conditions: (a) of merchantability, fitness for a particular purpose or use, results, title, and non-infringement; and (b) created by trade usage, course of dealing or course of performance. We do not represent or warrant that this site is accurate, complete, reliable, current or error-free. We do not represent or warrant that this site or our servers are free of viruses or other harmful components..
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
In no case shall orryan, orryano.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products and/or services procured using the Service, or for any other claim related in any way to your use of the Service or any product and/or service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Exclusivity of Remedy; Limitation of Liability
Your sole and exclusive remedy, and our sole and exclusive liability, for any breach of warranty shall be your right to return the product, or receive a refund for the service under our applicable returns and exchanges policies. In no event shall the we or our related parties, be liable for special, indirect, incidental, or consequential damages, including lost profits or loss of business, even if they have been advised of the possibility of such damages, nor shall our and our related parties’ aggregate liability, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), or other theory, arising out of or relating to these terms or the purchase or use of any products and/or services purchased through this site exceed the purchase price of the product and/or service. The limitations set forth in this paragraph will not limit or exclude our or our related parties’ gross negligence, fraud, intentional, willful, malicious or reckless misconduct.
Remedies
You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Modifications to Site
We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof without prior notice.
No Third-Party Beneficiaries
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.
Miscellaneous
No agency‚ partnership‚ joint venture‚ or employment relationship is created as a result of these Terms‚ and you do not have any authority of any kind to bind Us in any respect whatsoever. We may provide you with notices‚ including those regarding changes to these Terms‚ by email‚ regular mail‚ or postings on this Site. These Terms, which shall be deemed accepted by you upon your use of the Site‚ constitute the entire agreement among you and Us regarding use of this Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid‚ that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable‚ transferable or sublicensable by you‚ except with our prior written consent.
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.
Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this webpage.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions
If you would like to: access, correct, amend or delete any personal information we have about you, submit a feedback, or simply want more information regarding our Privacy Policy, Terms of Service, or other policy related material, you can send us a message through the Contact webpage.