TERMS AND CONDITIONS

The following terms (“Terms of Use”) constitute an agreement between Orange County Ironworks, LLC, a New York limited liability company (“OCI”), and you that governs your use of the following website and all of its associated services, content and functionality. The Terms of Use applies to the Website and database administered by OCI located at http://www.ocillc.com and any related websites or apps developed for smartphones and tablets (collectively “Website”). Your use of the Website constitutes your acceptance of, and agreement to the following Terms of Use. The Terms of Use apply to all Website users, including, but not limited to, viewers, vendors, customers, merchants, caregivers and contributors of content. OCI reserves the right to modify, alter, amend, or update its Website, policies, and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website. 

Privacy Policy

The Website receives and stores personal information, such as name, email address, address and other demographic information that you voluntarily submit through the Website for the purpose of requesting certain information or contacting OCI. By submitting your personal information on the Website, you are granting OCI permission to store and maintain that information. Your information is stored on a secure server to prevent unauthorized changes. Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent or otherwise share for marketing purposes your personal information with third parties without your consent. We do share personal information with vendors who are performing services for OCI, such as the servers for our email communications who are provided access to user’s email address for purposes of sending emails from us. Those vendors use your personal information only at our direction and in accordance with our Privacy Policy.

In addition to the information you provide us, the Website may also receive and store certain types of usage-related information when you interact with the Website, including, but not limited to, your computer’s IP address, and your web browser information. The information we collect on our Website may be used to customize the content and/or layout of our page for each individual visitor. The Website may use cookies to store visitors’ preferences, record user-specific information on what pages users access or visit, ensure that visitors are not repeatedly sent the same banner ads, customize Website content based on visitors’ browser type or other information that the visitor sends. Cookies or web beacons may also be used by third-party services, such as Google Analytics. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. However, this may prevent you from taking full advantage of the Website.

You have the right at any time to prevent OCI from contacting you for marketing purposes. When OCI sends a promotional communication to a user, the user can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional e-mail. Please note that notwithstanding the promotional preferences you indicate by unsubscribing, OCI may continue to send you administrative emails including, for example, periodic updates to this Privacy Policy.

Confidentiality

In general, the personal information you provide to us is used to help us communicate with you and is otherwise treated as confidential. For example, we use personal information to contact users in response to questions, solicit feedback from users, provide technical support, and inform users about promotional offers. We may share personal information with outside parties if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to meet any applicable legal process or enforceable governmental request; to enforce applicable Terms of Service, including investigation of potential violations; address fraud, security or technical concerns; or to protect against harm to the rights, property, or safety of our users or the public as required or permitted by law.

Registration and Restricted Access

Access to certain areas of the Website may be restricted. OCI reserves the right to restrict areas of the Website at its sole discretion. Some restricted areas of the Website may be made available to you as a registered user. If you have been provided with a username and password, or other means of access, to a restricted area of the Website, you agree to keep that information confidential. OCI will not be liable for any loss caused by the unauthorized use of your account; however, you may be liable to OCI or other third parties for any losses incurred due to such unauthorized use. OCI may disable your username and password, or other access to restricted areas of the Website, at its sole discretion. OCI reserves the right to modify methods for registration and access levels of registered users from time to time.

Use of the Website

Unless otherwise stated, OCI owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved. You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
The following uses are not permitted:

• Republication of content from the Website, unless content is specifically and expressly made available for republication;

• Sale, rental or sub-license of any content from the Website; Reproduction or duplication of any content on the Website for commercial purposes; Modification of any content on the 
Website, unless content is specifically and expressly made available for modification;

• Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution.

From time to time, the Website may utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of OCI’s intellectual property rights. Such use is a limited license to republish the content, with full credit to OCI. You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law.

You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software. You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without OCI’s express written permission. You must not use the Website to transmit or send any unsolicited commercial communications. You must not use the Website for any third-party marketing without OCI’s express written permission. In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related Website, other Website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website. OCI reserves the right to terminate your use of the Website for violating any of the prohibited uses.

Copyright

Unless otherwise noted, the design, content and all components of the Website are copyrights owned by OCI or its affiliated/related entities, or other third parties, and are protected by United States and international copyright laws.

Communications

If you send OCI an email, register to use the Website or provide your email to OCI in any other way, you consent to receive communications from OCI electronically, either directly or through its third-party communications. You also agree that all legal notices provided via electronic means from OCI satisfy any requirement for written notice.

Third Parties

The Website may contain links to third-party Websites that are not governed or controlled by OCI. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the website. OCI assumes no control or liability over the content of any third-party sites. We do not monitor or review the content of other party’s websites which are linked to from this Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. OCI will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information. You expressly hold harmless OCI from any and all liability related to your use of a third-party Website. Prior to engaging in any commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any commercial transactions with a third party discovered through or linked on the Website, you expressly hold OCI harmless from any and all liability in any dispute.

No Warranties

The Website is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. OCI makes no representations or warranties in relation to the Website or the information and materials provided therein. OCI makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. OCI is not responsible to you for the loss of any content or material uploaded or transmitted through the Website.

Limitation of Liability

OCI WILL NOT BE LIABILE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU BASED ON YOUR USE OF THE WEBSITE, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

Disclaimer

OCI has made every effort to ensure that all information on the Website is accurate. OCI makes no guarantees regarding the results that you will see from using the information provided on the Website. You must not rely on the information on the Website for critical situations as some data may be incorrect. The information provided on the Website is provided “as is” without any representations or warranties, express or implied. OCI makes no representations or warranties in relation to the information provided in the content on the Website.

Indemnity

You agree to defend, indemnify and hold OCI, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which OCI suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

Availability

Unless otherwise stated, the services featured on this Website are only available within the United States of America, or in relation to postings from the United States of America. All advertising is intended solely for the United States market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of OCI. OCI does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best of its ability.

Communication

OCI has several different e-mail addresses for different queries. These and other contact information, can be found on our website or via company literature or via the company’s stated telephone, facsimile or mobile telephone numbers. This company is registered in the State of New York, USA under Orange County Ironworks, LLC with a primary address of 36 Maybrook Road, Montgomery, New York 12549.

MISCELLANEOUS

These Terms and Conditions will be governed and construed in accordance with the laws of the State of New York. Any controversy or claim arising out of or relating to the Terms and Conditions, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Montgomery, New York. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable. The Terms and Conditions may not be assigned by you without OCI’s prior written consent, however, the Terms and Conditions may be assigned by OCI in its sole discretion. The Terms and Conditions are the final, complete and exclusive agreement of the parties with respect to the Website offered by OCI. OCI reserves the right to change these Terms and Conditions from time to time as it sees fit and your continued use of the Website will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification will be made on our website. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis. These Terms and Conditions form part of the agreement between you and OCI. Your accessing of this Website indicates your understanding, agreement to and acceptance, of the Privacy Policy and the full Terms and Conditions contained herein. Your statutory consumer rights are unaffected. All notices with respect to the Terms and Conditions must be in writing and may be via email to info@ocillc.com. 

Copyright © 2019, Orange County Ironworks, LLC, All Rights Reserved