Terms and Conditions - Updated and Effective 03/05/2024
This website, orendatech.com (the "Site"), is owned and operated by HASA, Inc., dba Orenda Technologies a California corporation (“ORENDA"). The Site is provided as a service to our customers. Please review the following terms and conditions of use which governs your use of the Site (the “Terms of Use”). As used herein, “you” and “your” will refer and apply to the user of this Site and “we” or “us” refers to ORENDA.
YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE. IF YOU DISAGREE WITH ANY PART OF THESE TERMS OF USE, THEN YOU SHOULD DISCONTINUE ACCESS AND USE OF THE SITE.
ARBITRATION NOTICE: YOU AGREE THAT ANY DISPUTES BETWEEN YOU AND ORENDA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU FURTHER WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION.
Additional Policies: The following policies are incorporated into these Terms of Use. By agreeing to these Terms of Use, you also agree (as applicable) to:
Privacy Policy: ORENDA respects your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy, here. The Privacy Policy is incorporated by reference and forms a part of these Terms of Use.
California Residents: If you are a California resident, click here to learn more about our California Consumer Privacy Act Policy.
SMS/MMS Mobile Message Marketing Program Terms and Conditions (the “Program”): ORENDA is offering a mobile messaging program, which you can use and participate in subject to the Mobile Messaging Terms and Conditions, here. The Program is incorporated by reference and forms a part of these Terms of Use.
Mobile App Program End User License Agreement: You can sign up for the ORENDA mobile app (the “App”) via a link on the Site or directly through the Apple Store (run by Apple, Inc.) or Google Play Store (run by Google, Inc.). The Program is incorporated by reference and forms a part of these Terms of Use.
Age Restriction
You must be at least 18 years old to accept these Terms of Use and to use this Site. This Site is not intended for users under the age of 18. If you are under 18 and do not have consent to use this Site from your parents or legal guardian, you may not use this Site.
Changes To Terms of Use
ORENDA may change these Terms of Use from time to time. If we make material changes to these Terms of Use, we will indicate on the updated Terms of Use that changes have been made. Your continued use of the Site following any such change constitutes your agreement to the updated Terms of Use. If you do not agree to or are not able to comply with the updated Terms of Use, you should discontinue your use of the Site.
User Information
When you register for the App, use the Orenda Operators Locator, and/or register as an Orenda Provider on our Site, you may be asked to provide certain details including, but not limited to, your name, address, birthday, gender, phone number, credit card information and e-mail address. By subscribing to our mailing list, you may be able to receive information regarding promotions, events, sample sales, and additional information about ORENDA products and services. You may unsubscribe at any time by clicking the Unsubscribe button on e-mail marketing or by sending a request to unsubscribe to our offices via email at privacy@hasa.com. Please also refer to ORENDA’s Privacy Policy which describes how your information and user content will be handled.
Site Transactions
We reserve the right to accept or reject orders placed on our Site or App or limit or cancel orders placed if we deem necessary, in our discretion. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address or phone number provided at the time the order was made.
Use Restrictions
You must not use this Site or our App for any illegal purposes. You must use the Site and our App in compliance with all applicable laws and regulations. You must not use the Site or our App in a way that may cause the Site or App to be interrupted, damaged, rendered less efficient or which would otherwise impair the effectiveness or functionality of the Site or App including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology. You agree not to attempt any unauthorized access to any part or component of the Site or App. You agree not to infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights or use the Site or App to transmit, distribute, post or submit any sensitive information where unauthorized disclosure could cause material, severe, or catastrophic harm or impact to any person. You agree not to use the Site or App for any commercial or other purposes that are not expressly permitted by these Terms of Use.
This Site and App is operated by ORENDA from our offices in Saugus, California, USA. ORENDA makes no representations that the use or the content of the Site or App is appropriate or lawful in territories or jurisdictions outside of the United States or that any products are available outside of the United States. Use or access of this Site or App from countries or territories where the use of the Site or App or any of their respective content is illegal, unlawful, or violative of obscenity, privacy or other laws is strictly prohibited. Those who choose to access this Site or App from other countries or territories do so at their own risk and such users are solely responsible for compliance with applicable local laws and regulations, including but not limited to the General Data Protection Regulation (GDPR) for users from the European Economic Area.
ORENDA APP
The App is offered by ORENDA and ORENDA franchisees to customers to make purchases. ORENDA will extend certain perks and privileges as described in more detail herein, and additional offers may be extended from time to time. You can register to become a user of the App via links on our Site or directly through the Apple Store (run by Apple, Inc.) or Google Play (run by Google, Inc.) (“User”). As a User, you must agree to the terms and conditions, rules, regulations, policies and procedures of the App (“App’s End User License Agreement”), and these Terms of Use. As a User, you are responsible for remaining knowledgeable about the App’s End User License Agreement. ORENDA reserves the right to disqualify Users who have violated any of the App’s End User License Agreement.
ORENDA may, at its sole discretion, alter, limit or modify the App’s structure or any feature of the App. ORENDA reserves the right to change the App’s End User License Agreement or terminate the App at any time. Communication about the App, including changes, will be posted within these End User License Agreement.
To learn more about the App’s End User License Agreement, please visit: [LINK]
ORENDA has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
ORENDA may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against ORENDA or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with Users (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of ORENDA, its users, or members of the public.
Ownership Of Site Content
Unless otherwise stated, the text, software, images, graphics, logos, icons, photographs, images, illustrations, audio clips, video clips, design elements, product names, company names, copyrights and copyrightable materials, trademarks, trade dress, service marks and other Site content (collectively referred to herein as the "Site Content") are the exclusive property of ORENDA or its licensors. Except where such permission is specifically granted, you may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Site Content, in whole or in part. You are granted permission to display, copy, and download Site Content solely for personal, non-commercial use provided that you make no modifications to the Site Content and that all copyright and other proprietary notices contained in the Site Content are retained. Any permission granted under these Terms of Use terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and other federal and state regulations and statutes. Use of Site Content not specifically permitted under these Terms of Use is strictly prohibited.
You agree that any submission of any idea, suggestion, and/or proposal to ORENDA (“Feedback”) is at your own risk and that ORENDA has no obligation of confidentiality, compensation or otherwise regarding Feedback. You grant ORENDA a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use Feedback.
Nothing in these Terms of Use grants, transfers or conveys, nor may be construed or operate as a grant, transfer or conveyance to you or any other person of any right, title or interest in or to any Site Content or ORENDA intellectual property, including but not limited to any trademark, trade name, service mark or other proprietary identifying symbols used by us from time to time on or in connection with the Site, or any feature or functionality thereof.
Links To Other Websites and Services
To the extent that this Site contains links to outside services and resources, any concerns regarding any such service or resource, or any link included on this Site, should be directed to the particular outside service or resource. ORENDA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services, including those of our franchisees.
You acknowledge and agree that we are not responsible or liable for (i) the availability or accuracy of any third party website or resource or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
WARRANTIES; DISCLAIMER
THIS SITE AND SITE CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND THAT ORENDA SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT APPLICABLE LOCAL LAW EXPRESSLY PROHIBITS SUCH EXCLUSIONS, ANY SUCH EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
NO LIABILITY
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL ORENDA OR ITS AFFILIATES OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS (1) BE LIABLE TO USERS WITH RESPECT TO USE OF THE SITE, THE SITE CONTENT, OR ANY DAMAGE THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO ORENDA’S RECORDS, PROGRAMS OR SERVICES; AND (2) BE LIABLE TO USERS FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, OR THE INABILITY TO USE THE SITE OR ANY OF ITS FEATURES. THE USER’S SOLE REMEDY IS TO STOP USE OF THE SITE.
Inaccuracy Disclaimer
From time to time there may be information of a verbal, visual or other nature on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, or availability. ORENDA reserves the right to correct any errors, inaccuracies or omissions, to cancel any orders due to pricing mistakes or other reasons, and to change or update information at any time without prior notice (including after you have submitted your order).
Indemnification
You agree to defend, indemnify and hold ORENDA and its affiliates and each of their respective officers, directors, employees, agents, shareholders, managers and members harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with any of the following: (i) any text, materials or content of any kind that you contribute or post to the Site when such feature becomes available or your access to or use of this Site; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. We will promptly notify you of any claim which we become aware of and which we believe to be subject to indemnification under this Section; provided that our failure to promptly notify you shall not affect your indemnification obligations hereunder except to the extent that our failure to promptly notify you materially prejudices your ability to defend the claim. You must cooperate in the defense of any claim as we require. ORENDA reserves the right to assume the exclusive defense and control of any matter subject to your indemnification obligations. You must not settle any claim without ORENDA’s prior written consent.
Termination
These Terms of Use may be terminated by ORENDA at any time without notice. In the event of termination, you are no longer authorized to access this Site and the restrictions imposed on you with respect to the Site Content as well as the disclaimers, limitations of liabilities, arbitration and class-action waiver set forth in this agreement.
Mandatory Arbitration Of Disputes
You agree that all disputes between you and ORENDA (whether or not such dispute involves a third party) with regard to your relationship with ORENDA, including without limitation disputes related to these Terms of Use, your use of this Site or our App, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and ORENDA hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local small claims court, if permitted by that court's rules, and only so long as such matter is pending in that court. You may bring claims only on your own behalf. Neither you nor ORENDA will participate in a class action lawsuit or class action arbitration for any claims covered by these Terms of Use. This dispute resolution provision will be governed by the Federal Arbitration Act. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Governing Law And Venue
These Terms of Use are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. These Terms of Use will specifically not be governed by the United Nations Convention on Contracts for the International Sale of Goods (if otherwise applicable). For any action at law or in equity relating to the arbitration provision of these Terms of Use, you agree to resolve any dispute you have with ORENDA exclusively in a state or federal court located in Los Angeles County, California, and to submit to the personal jurisdiction of the courts located in Los Angeles County for the purpose of litigating all such disputes.
Time Limitation On Claims
You agree that any claim you may have arising out of or related to your relationship with ORENDA must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.
Severability And Waiver
If any part of these Terms of Use are unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms of Use or any provision of these Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Entire Agreement
These Terms of Use, App End-User License Agreement and the Privacy Policy are the entire agreement between you and ORENDA relating to the subject matter herein and shall not be modified except by ORENDA in accordance with these Terms of Use. No employee, agent or other representative of ORENDA has any authority to bind ORENDA with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms of Use.
Assignment
These terms are neither assignable nor transferrable by you, by operation of law or otherwise, without ORENDA's prior written consent. Any attempt by you to assign or transfer your rights or obligations under these Terms of Use, without our consent, is null and of no effect. ORENDA may assign or transfer these Terms of Use, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.
Relationship Of Parties
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between ORENDA and any User or any other person is intended or created by these Terms of Use.
References
All references in these Terms of Use to Sections and other subdivisions refer to the Sections and other subdivisions of these Terms of Use unless expressly provided otherwise. The word “including” shall not be restrictive. The word “or” has the inclusive meaning represented by the phrase “and/or.” The words “this Agreement,” “herein,” “hereof,” “hereby,” “hereunder” and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. All headings and captions in these Terms of Use are for convenience of reference only and are not intended to and shall not define or limit the scope or intent of any provision of this Agreement.
Comments
ORENDA welcomes your comments. If you have questions or comments about our policies, feel free to send us an e-mail at privacy@hasa.com.