Get to know our Privacy Notice and your choices about how information is used. This notice is designed to provide transparency into our privacy practices, in a format that is easy to read, understand and navigate. Reference each section to get an overview of how we collect, use, share, and safeguard your information, or click learn more to expand and view the full Customer Privacy Notice.
We collect two main types of information related to you or your use of our products and services:
Depending on the ORION products and services you request, own, or use, not all of these types of information may be applicable.
We may use information we collect to:
This includes contacting you (or other necessary parties) to advise you of important safety-related information, to notify first responders in the event of an accident involving your vehicle, present products and offers tailored to you, or to respond to your inquiries and fulfill your requests for product information, newsletters, or other events.
We may share information with:
Some examples of when we may share your information include, payment processing, order fulfillment, product installation, customer service, marketing, financing, service or repair, and other similar services.
We enable you to access and control the data that we collect, use and share from or about you, or your use of our products or services, including through device permissions, in-app settings, marketing opt-outs, and disabling collection of certain vehicle data.
For questions or comments, to opt out from certain services, or to submit a data privacy request, please contact us.
ORION Updates are emails, calls or messages via the ORION website or our Apps (all of them referred to as ‘messages’) that provide more information on ORION products, services and regional events. ORION Updates may be tailored to your needs and interests that we may infer from your interaction with us. We are requesting this consent on our own behalf. You can withdraw your consent to receive commercial electronic messages at any time by clicking "unsubscribe" at the bottom of these emails or ORION website and App messages, or letting our customer representative know about your decision. Some messages directly related to an ORION purchase cannot be opted out of.
These Payment Terms describe your agreement to pay for current and future goods and services you receive (“Charges”). In order to use certain services, such as ORIONGo ® App, authorized automatic or one-time payments, and subscriptions, you allow ORION to store, maintain, and recover funds from your specified payment method in accordance with these Payment Terms.
When you add a payment method to your ORION account, such as a credit card, certain information including, but not limited to device location, device identification number, and card information may be sent to ORION and shared with our payment processor. Card information is encrypted during the transmission and ORION will not have access to the actual card number. When the stored payment method or a new credit card is used for purchasing goods and services on a ORION hosted website or application, the necessary information to process payment will be shared with our global processors and our banking partners, to process your payment, comply with financial regulations, to prevent fraud, and for troubleshooting any payment issues. Payments made by using your bank information are stored by ORION in an encrypted format that prevents unauthorized access without specific permissions.
You must maintain at least one valid payment method in your account supported by ORION. Your failure to maintain accurate, complete, and up-to-date account and payment information, including having an invalid or expired payment method on file, may result in your inability to access or use certain services. Charges will be inclusive of applicable taxes where required by law. ORION may amend these terms and any changes are effective when posted to this page.
When you request a bank payment such as an Automated Clearing House (ACH) or Pre-Authorized Debit (PAD) payment transfer, and where required by law, we will inform you at least three days before the initial payment due date, and up to one day before payment is collected. You may amend or cancel this authorization at any time by providing us with thirty (30) days notice. You have certain recourse rights if any debit does not comply with this agreement, such as the right to receive reimbursement in the event of an unauthorized debit inconsistent with these terms. To obtain more information on your recourse rights, contact your financial institution.
For Charges that support automatic payments, you understand that your payment method will be charged again when your service automatically renews at the end of the prescribed period unless turned off at least twenty-four (24) hours prior to the end of the current billing period. You can manage or turn off automatic payments in your ORION Account at any time.
The services received may result in charges to you, even if someone else is using your vehicle. ORION may collect payment from you, including by using the payment method (for example, credit card or bank account) saved in your ORION Account. Charges may include taxes as required by law. You will be able to review a summary of transactions in your ORION Account. In the event that any attempt to recover funds from you should fail, you agree and allow ORION to recover all or less than all of the amount owed for goods or services. If we are unable to collect payment, we may contact you based on your information on file, or may request payment when we are performing services for you. If you do not pay past due amounts we may limit or block your vehicle's ability to use the related services until payment issues are resolved. For information on how we handle your payment information, please see ORION's Privacy Notice.
Various conditions beyond our control may prevent or delay us from providing Service to you, or affect the quality of the Service. Some examples are atmospheric, geographic, or topographic conditions (such as tall buildings, hills or tunnels), damage to or failure to maintain your Vehicle or the equipment in good working order, government laws, rules or regulations, failure, congestion or outages of utility or wireless networks (including interruption of cellular service), war, act of God, natural disaster, inclement weather, and labor strikes. In the event of any of the foregoing, we may, in our discretion, suspend or terminate the Service, without notice to you and without any liability. We are not responsible for delay or failure in providing Service due to conditions beyond our control and you are not entitled to credit or refund as a result of any such delay or failure.
In the event of any regulatory, governmental or other legally-compelled changes, or discontinuation or change of necessary telecommunications systems and services (e.g., if our Wireless Service Provider terminates or restricts wireless services of the type used by your Vehicle’s Equipment), you are solely responsible for replacing, as well as the cost of replacing, any Equipment that is necessitated as a result of such change or discontinuation, except that if such change occurs during your Vehicle’s base warranty period, while you will still be responsible for the cost of such replacement, we will be responsible for obtaining and providing you with the necessary replacement materials (if applicable).
ORION DOES NOT WARRANT OR GUARANTEE THAT SERVICE WILL BE AVAILABLE AT ANY SPECIFIC TIME OR AT ALL TIMES OR TO ANY GEOGRAPHIC LOCATION, OR THAT THE SERVICE WILL BE PROVIDED WITHOUT INTERRUPTION, DELAY OR ERROR. NEITHER WE NOR ANY OF OUR SERVICE PARTNERS MAKE ANY WARRANTIES, EXPRESS OR IMPLIED ABOUT (1) THE EQUIPMENT OR ANY OTHER HARDWARE OR SOFTWARE USED WITH THE SERVICE, (2) THE SERVICE, (3) NONINFRINGEMENT, OR (4) ANY DATA OR INFORMATION OR OTHER SERVICES PROVIDED THROUGH THE SERVICE. THIS INCLUDES, WITHOUT LIMITATION, WARRANTIES OF SECURITY, TITLE, CONTENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED BY THESE TERMS OF SERVICE. WE EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES.
The only warranties applicable to the Equipment in your Vehicle are those extended as part of your purchase or lease of your Vehicle. Such warranty does not cover the Service, in whole or in part.
BY ENTERING INTO THESE TERMS OF SERVICE OR BY USING THE SERVICE, YOU ARE WAIVING IMPORTANT RIGHTS, AND YOU ARE PROVIDING YOUR EXPRESS CONSENT TO VARIOUS ACTIONS TO BE TAKEN BY US, ORION ENTITIES AND OUR SERVICE PARTNERS (AS DESCRIBED HEREIN).
Neither we, nor any ORION Entity nor our service partners assume any risk or responsibility for your use of the Service, or any of the information or other content provided as part of the Service. You acknowledge and agree that neither we, any ORION entity, nor any of our service partners are liable for dropped calls or interrupted service, or for problems caused by or contributed to by you, by any third-party, by buildings, hills, tunnels, network congestion, atmospheric conditions, acts of God or natural disaster or by any other conditions or circumstances out of our control (as further described above in Section 6 of these Terms & Conditions).
In addition, neither we, any ORION entity nor our Service Partners are liable (1) for our inability to contact any service partner or other party in any particular situation (including any emergency personnel), (2) for any act or omission of any other company furnishing a part of our Service or any equipment provided for such Service, (3) for errors or omissions of any vendors, dealers or manufacturers participating in offers made through us, or (4) for any damages that result from or arise out of the use, installation, repair or maintenance by you (or by any person you authorize) of the Service, or any product or service provided by or manufactured by third parties.
IF WE, ANY ORION ENTITY AND/OR ANY OF OUR SERVICE PARTNERS ARE FOUND TO BE LIABLE TO YOU FOR ANY REASON, YOU AGREE THAT THE MAXIMUM, AGGREGATE LIABILITY OF US, ANY ORION ENTITY AND OUR SERVICE PARTNERS TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER ANY THEORY OR FOR ANY CAUSE WHATSOEVER (INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF SERVICE PROVIDED UNDER THESE TERMS OF SERVICE, FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY), SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE PORTION OF THE SERVICE RATES CHARGED TO YOU FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM FOR THE PERIOD OF SERVICE DURING WHICH ANY RESULTING DAMAGES OCCURRED. YOU ACKNOWLEDGE AND AGREE THAT NEITHER WE, NOR ANY ORION ENTITY, NOR ANY SERVICE PARTNER WOULD HAVE AGREED TO PROVIDE THE SERVICE OR EQUIPMENT TO YOU WITHOUT YOUR AGREEMENT TO THIS LIMITATION. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE DAMAGES CAP SET FORTH IN THIS PARAGRAPH SHALL BE THE SOLE AND EXCLUSIVE LIABILITY OF US, ANY ORION ENTITY AND OUR SERVICE PARTNERS TO YOU.
IN NO EVENT SHALL WE, ANY ORION ENTITY OR OUR SERVICE PARTNERS BE LIABLE TO YOU OR ANY OTHER PARTY FOR, AND YOU CANNOT RECOVER ANY, (A) PUNITIVE, EXEMPLARY, TREBLE, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUE (REGARDLESS OF WHETHER WE, ANY ORION ENTITY OR OUR SERVICE PARTNERS HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR); OR (B) ATTORNEY'S FEES. YOU AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED ABOVE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THOSE PARTICULAR LIMITATIONS MAY NOT APPLY TO YOU.
You understand and agree that the ORION entities, shall have no legal, equitable, or other liability of any kind to you in any event, regardless of the form of the action, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise relating to or arising from the Service and you waive any and all such claims or demands. If any ORION entity or any of our other service partners is involved in any problem, you also agree to any limitations of liability that such entity imposes on its customers.
You agree to indemnify and hold harmless us, each ORION entity and each of our service partners, and each of our or their respective affiliates, officers, directors, agents, partners and employees, from and against any and all liabilities, settlements, penalties, claims, causes of action, and demands (including any costs, expenses, or attorneys’ fees on account thereof) (collectively “Claims”) irrespective of the nature of the cause of such Claims, alleging loss, costs, expenses, damages or injuries (including without limitation Claims for libel, slander, or any property damage, personal injury or death), arising in any way, directly or indirectly, in connection with your (or any occupant of your Vehicle) violation of these Terms of Service or your (or any occupant of your Vehicle) alteration, use counter to instructions, misuse or failure to use the Service or its relevant equipment.
You agree that the limitations of liability and indemnities in these Terms & Conditions will survive even after your Service has terminated. These limitations of liability apply not only to you, but to anyone using your Vehicle, the Service, to anyone making a claim on your behalf, and to any claims made by your family, employees, customers, or others arising out of or relating to any Service we or our service partners provide.
WITHOUT LIMITATION OF THE GENERALITY OF THE FOREGOING, YOU FURTHER AGREE TO RELEASE US, EACH ORION ENTITY AND EACH SERVICE PARTNER FROM ALL CLAIMS, LIABILITIES AND LOSSES IN CONNECTION WITH THE SERVICE AND/OR EQUIPMENT, INCLUDING, BUT NOT LIMITED TO CLAIMS FOR DATA COMPROMISE, PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM THE TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF THE SERVICE, EVEN IF CAUSED BY THE NEGLIGENCE OF US, ANY ORION ENTITY OR ANY OTHER SERVICE PARTNER, OR THE MALFUNCTION OF THE RELATED EQUIPMENT. YOU AGREE THAT THIS RELEASE EXTENDS TO ANY PARTY CLAIMING UNDER YOU.
Please carefully read this provision, which applies to any dispute between you and ORION, Inc. and its affiliates (together “ORION”).
If you have a concern or dispute, please send a written notice describing it and your desired resolution to contact@orionec.com.
If not resolved within 60 days, you agree that any dispute arising out of or relating to any aspect of the relationship between you and ORION will not be decided by a judge or jury but instead by a single arbitrator in an arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. This includes claims arising before this Agreement, such as claims related to statements about our products.
We will pay all AAA fees for any arbitration, which will be held in the city or county of your residence. To learn more about the Rules and how to begin an arbitration, you may call any AAA office or go to
www.adr.org
.
The arbitrator may only resolve disputes between you and ORION and may not consolidate claims without the consent of all parties. The arbitrator cannot hear class or representative claims or requests for relief on behalf of others purchasing or leasing ORION products. In other words, you and ORION may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action. If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a particular claim for relief or remedy (such as injunctive or declaratory relief), then that claim or remedy (and only that claim or remedy) shall be severed and must be brought in court and any other claims must be arbitrated.
If you prefer, you may instead take an individual dispute to small claims court.
You may opt out of arbitration within 30 days after signing this Agreement by sending a letter to: ORION, Inc.; P.O. Box 3055 Cincinnati, OH USA, stating your name, product, and intent to opt out of the arbitration provision. If you do not opt out, this agreement to arbitrate overrides any different arbitration agreement between us, including any arbitration agreement in a lease or finance contract.
We use software in connection with the Service. We own or have rights to all such software and you do not acquire any rights in such software other than the right to use such software as reasonably necessary for you to use the Service as permitted in your Terms & Conditions. We may update or modify the software contained in your Vehicle from time to time, and we may do this remotely without notifying you or seeking your consent. These software updates and modifications may affect or erase data that you have previously stored on the equipment in your Vehicle (such as specific route or destination information). We are not responsible for any lost or erased (or otherwise affected) data and you are solely responsible for the data that you may have downloaded, uploaded, transmitted or otherwise stored from, to, on or through the equipment or Service.
You understand that software available is dependent on vehicle configuration and geographical region, which may affect your access to the Service and/or any of its features.
These Terms & Conditions are the entire agreement between you and us. It supersedes all other agreements, communications or representations, oral or written, between us, past or present. We are not responsible for any statements, agreements, representations, warranties or covenants, oral or written, including, without limitation, any statements from third parties, concerning or relating to the Service provided to you pursuant to these Terms & Conditions, unless such statements, agreements, representations warranties or covenants are expressly contained in or incorporate by these Terms & Conditions.
Even after your Service has ended and unless it has been replaced by a new agreement expressly entered into by and between us, the provisions of these Terms & Conditions shall survive.
No waiver of any part of these Terms & Conditions, or of any breach of it, in any one instance will require us to waive any other instance or breach. If any part of these Terms & Conditions is declared invalid or unenforceable, all other parts of these Terms & Conditions are still valid and enforceable.
We can assign these Terms & Conditions, in whole or in part, to any individual or entity we choose, at any time, without notice to you, in our sole discretion.
Copyright 2013-2020 ORION Electronics Company, Inc. All Rights Reserved. The text, images, graphics, sound files, animation files, video files and their arrangement on ORION Electronics Company, Inc. internet sites are all subject to copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted. Some ORION, Inc. internet sites also contain material that is subject to the copyright rights of their providers.
All prices specified are recommended retail prices. Prices are current at the time of publication and subject to change without notice.
Unless otherwise indicated, all marks displayed on ORION Electronics Company, Inc. internet sites are subject to the trademark rights of ORION Electronics Company, Inc., including, but not limited to, model name plates and corporate logos and emblems.
ORION Electronics, Inc. strives to achieve innovative and informative internet sites. ORION Electronics Company, Inc. hopes that you will be as enthusiastic as we are about this creative effort. However, ORION Electronics Company, Inc. must protect its intellectual property, including its patents, trademarks and copyrights. Accordingly, please be on notice that neither these internet sites, nor any material contained therein shall in any way grant or be taken to grant any person a license to ORION Electronics, Inc.'s intellectual property.
Internet pages, investor relations releases, outlooks, presentations, audio and video files of events (live or recorded) and other documents on these internet sites contain among other things forward-looking statements that reflect management's current views with respect to future events. The words "anticipate", "assume", "believe", "estimate", "expect", "intend", "may", "plan", "project" and "should" and similar expressions identify forward-looking statements. Such statements are subject to risks and uncertainties, including, but not limited to: changes in currency exchange rates, interest rates and in raw material prices; introduction of competing products; increased sales incentives; and decline in resale prices of used vehicles.
No Warranties Or Representations
THE INFORMATION ON THESE INTERNET SITES IS PROVIDED BY ORION ELECTRONICS COMPANY, INC. "AS IS" AND TO THE EXTENT PERMITTED BY LAW, IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON INFRINGEMENT. WHILE THE INFORMATION PROVIDED IS BELIEVED TO BE ACCURATE, IT MAY INCLUDE ERRORS OR INACCURACIES.
THESE INTERNET SITES MAY CONTAIN LINKS TO EXTERNAL SITES WHICH ARE NOT UNDER THE CONTROL OF ORION ELECTRONICS COMPANY, INC. THEREFORE WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITE. ORION ELECTRONICS COMPANY, INC. IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY ORION, INC. OF THE LINKED SITE.
ORION expects our suppliers to conduct their worldwide operations in a responsible manner in adherence of this policy and the principles enumerated herein. ORION works collaboratively with our suppliers to encourage compliance with the following principles:
ORION suppliers are to ensure their operations and the products and services supplied to ORION comply with all national and other applicable laws and regulations.
ORION's suppliers are expected to use reasonable efforts to ensure that parts and products supplied to ORION are DRC "conflict-free," meaning that such conflict minerals do not benefit armed groups in the Democratic Republic of the Congo. Conflict-free means such parts and supplies do not contain metals derived from "conflict minerals" which are defined as:
| (i) | columbite-tantalite (tantalum); |
| (ii) | cassiterite (tin); |
| (iii) | gold; |
| (iv) | wolframite (tungsten); and |
| (v) | any derivatives of the above. |
The goal of this policy is to ensure that ORION's products do not directly or indirectly finance or benefit armed groups through mining or mineral trading in the DRC and adjoining countries. ORION requires its suppliers to establish policies, due diligence frameworks, and management systems, consistent with the
OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas
, that are designed to accomplish this goal. ORION expects its suppliers to stay up-to-date with and to use validated conflict free smelters and refiners assessed by the
Responsible Mineral Initiative
and similar organizations. ORION will perform and its’ ongoing due diligence and files annual reports with the U.S. Securities and Exchange Commission in accordance with the Dodd-Frank Wall Street Reform and Consumer Protection Act.
ORION is committed to ensuring that its suppliers do not use slave or child labor or engage in human trafficking. ORION does not, and will not, tolerate the use of slave or child labor in the manufacturing of its products and does not, and will not, accept products or services from suppliers that engage in human trafficking in any form. Human trafficking, child labor and slavery are crimes under state, federal and international law. These crimes exist in countries throughout the world.
ORION will do the following to ensure compliance by its suppliers with this policy as required by law and as needed:
Grievance Mechanism
You may contact ORION's Board of Directors to provide comments or to report concerns. Please write to:
ORION Electronics Company, Inc
PO Box 3055
Cincinnati, OH 45201
You may submit your concern anonymously or confidentially by postal mail. You may also indicate whether you are a shareholder, customer, supplier, or other interested party.
You may also provide comments or report concerns by email to: contact@orionec.com.
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