Custard Cakes — Orr Valley Creamery

ORR VALLEY CREAMERY

Terms & Conditions

Effective as of October 19, 2026.

These Terms and Conditions apply to the website and all other online properties (i.e. social media pages) (“Site”) operated by Fortis Group, LLC dba Orr Valley Creamery (“Fortis Group”, “we”, or “us”). The use of the Site, including the purchase of any products, is subject to the following terms and conditions (“Terms”). Please read these Terms carefully. By using this Site, you agree to these Terms as well as any other terms, guidelines or rules that apply to any portion of this Site, without limitation or qualification. If you do not agree to these Terms, then you must exit the Site immediately and discontinue any use of the information obtainable or accessible through the Site. If you have any questions about the Terms, please contact us at info@fortisrestaurantgroup.com.

I. ELECTRONIC COMMUNICATION

You agree that from time to time, you may receive communications from us. These communications could include, but are not limited to, phone, email, and text communications. These communications may include newsletters, special offers, reminders, updates, or notifications. You further agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

II. ELIGIBILITY

By visiting the Site, you represent and warrant to us that you are 13 years of age or older, and that you have the right, authority, and capacity to agree and abide by terms contained herein. You also represent and warrant to us that you will use the Site in a manner consistent with any and all applicable laws and regulations.

III. COPYRIGHT

Images of people, places and/or products posted on this Site are either the property of Fortis Group or our licensors. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials (together, with Marks (as defined below), “Fortis Group Content”) is the property of Fortis Group or its licensors, partners or affiliates and is protected by United States copyright laws. The compilation of this Site is the exclusive property of Fortis Group and is protected by United States intellectual property laws. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Site, please contact us at info@fortisrestaurantgroup.com.

IV. TRADEMARKS

All trademarks, service marks, and trade names (collectively, “Marks”) that appear on this Site are proprietary to Fortis Group, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of Fortis Group, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.

V. LIMITED LICENSE AND SITE ACCESS

We grant you a limited license to use the Site for personal use only. You agree to use the Site only for its intended purpose. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You may not:

- attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site;

- frame or link to the Site without permission;

- use data mining, robots, or other data gathering devices on or through the Site;

- post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;

- upload Submissions that are or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by Fortis Group in its sole discretion;

- post advertising or marketing links or content, except as specifically allowed by these Terms; or

- introduce viruses, time-bombs, worms, Trojan Horses and/or other harmful or malicious code.

Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms will still apply.

VI. TERMS OF SALE

To the extent you purchase any products from us, you agree to pay for all of the products ordered. If you provide credit card or other authorized payment method information to Fortis Group, you authorize us, or a credit card processor of its choosing to bill such credit card or to make such charges as applicable. If Fortis Group, in its sole and absolute discretion, permits you to make payment using a method other than a credit card or other authorized payment method, Fortis Group will invoice you at, or within a reasonable period of, the time of the purchase request.

We reserve the right, in our absolute discretion, to withdraw or modify any products, offerings, or promotions at any time without prior notice and with no liability. Any and all products, offerings, or promotions advertised are void where prohibited and are subject to the posting of an official rule to such offers or promotions.

VII. CONTENT YOU SUBMIT TO FORTIS GROUP

From time to time, Fortis Group may allow you to post reviews, comments, photos, or similar materials on the Site (collectively, “Submissions”). We welcome your comments regarding our products, including our Site. By uploading a Submission on the Site, you hereby grant Fortis Group an unrestricted, assignable, sub-licensable, perpetual royalty-free, fully paid up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all Submissions you post to the Site, for any purpose, including promoting and marketing Fortis Group and the products. You further grant Fortis Group a royalty-free license to Use the name, image, and likeness of any person identifiable in any Submission you post to the Site. By posting a Submission, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your Submission. Except for materials provided to you by Fortis Group through the Site, you represent, warrant, and covenant that (i) you either are the sole and exclusive owner of the Submissions that you post to the Site, or you have all rights, licenses, consents, and releases that are necessary to grant to Fortis Group the rights in your Submissions as contemplated under the Terms, and (ii) the Submissions you post to the Site do not (A) infringe, misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise), or (C) require Fortis Group to obtain any licenses from or make any payments in any amounts to any third party.

Fortis Group has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any Submissions and remove, delete, redact or otherwise modify such Submissions, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Fortis Group has no obligation to display or post any Submission. Fortis Group, subject to our Privacy Policy, reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request.

VIII. DISCLAIMERS; NO WARRANTIES

The materials on Fortis Group’s Site are provided “as is”. Fortis Group makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of intellectual property, conditions of uninterrupted or error-free access or use, or other violation of rights. Further, Fortis Group does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Site. All examples published by Fortis Group should not under any circumstances be understood as a promise or expectation that you will experience similar results for yourself.

IX. LIMITATION ON LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, FORTIS GROUP AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FORTIS GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) FORTIS GROUP AND ITS AFFILIATES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF FORTIS GROUP CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.

X. MODIFICATION

We reserve the right to update, modify, and revise these Terms at any time. You will know if these Terms have been revised since your last visit to the website by referring to the “Effective Date” at the top of this page. Your use of the Site constitutes your acceptance of any changes made to these Terms.

XI. PRIVACY

We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information. The Privacy Policy is hereby incorporated into these Terms by reference.

XII. PARENTS

If you are a parent interacting on behalf of your child up for any products, offerings, or promotions, you represent and warrant to us that such child is your legal child or a ward for which you have legal guardianship. These Terms shall be binding upon you and your child or ward.

XIII. ELECTRONIC SIGNATURES

You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, you have read and reviewed the relevant information and your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

XIV. GENERAL

These Terms (including any document expressly incorporated into these Terms) constitute the entire agreement between you and Fortis Group with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. If any provision of these Terms or any application thereof shall be invalid or unenforceable, the remainder of these Terms and any other application of such provision shall not be affected thereby. These Terms will be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. Fortis Group shall not be deemed to have waived any rights under these Terms unless such waiver is given in writing. No delay or omission on the part of Fortis Group in exercising any right shall operate as a waiver of such right or any other right. The rights and obligations of the parties hereunder and the interpretation of these Terms shall be governed by the laws of the State of Ohio, other than those related to conflicts of law. All disputes arising under these Terms must be resolved in the Common Pleas Court of Wayne County, Ohio, and the parties waive any objection to venue laid therein. The parties consent to submit themselves to the exclusive jurisdiction of such court and agree that service of process on them in any such dispute may be affected by the means by which notices are to be given to them under these Terms.

END OF TERMS & CONDITIONS

ORR VALLEY CREAMERY

Privacy Policy

Effective as of October 19, 2026.

This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit https://www.orrvalleycreamery.com/ (“Site”) operated by Fortis Group, LLC dba Orr Valley Creamery (“Fortis Group”, “we”, or “us”), and our practices for collecting, using, maintaining, protecting and disclosing that information. The use of the Site (including the purchase of any products), and emails, texts, or other electronic messages or communications between you and the Site are subject to the following privacy policy (“Privacy Policy”).

Please read this Privacy Policy carefully. By using this Site, you agree to this Privacy Policy as well as any other terms, guidelines or rules that apply to any portion of this Site, without limitation or qualification. If you do not agree to this Privacy Policy, then you must exit the Site immediately and discontinue any use of the information obtainable or accessible through the Site. If you have any questions about the Privacy Policy, please contact us at info@fortisrestaurantgroup.com.

I. COLLECTED INFORMATION

This Privacy Policy explains how Fortis Group may collect, use, and disclose Personal Information (defined below) we obtain through the Site, your communications with us, or from third parties. “Personal Information” means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as: name, address, email address, or phone number. We do not consider Personal Information to include information that has been anonymized such that it does not allow a third party to easily identify a specific individual.

Fortis Group may collect both Personal Information and browsing information from you. Such information may include:

- Passive Collection. Fortis Group collects and stores information that is generated automatically as you use it, including your preferences and anonymous usage statistics. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data.

- Tracking Technologies. Fortis Group and its partners use cookies, pixels, server logs, and other similar technology to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our website or service.

- Submissions to the Site. Fortis Group collects information you submit to the Site. Submissions include, but are not limited to, completing forms, questionnaires, or surveys, and posting on the Site. If you choose to submit content to any public area of the Site, such content will be considered “public” and will not be subject to the privacy protections set forth herein.

- Financial Information. We do not collect any financial information about you. However, we partner with third party vendors who will collect financial information about you, including payment information, in connection with your purchase of any products on the Site. Although we make efforts to select vendors that will respect and protect your privacy, we have no control over any third parties. Thus, we make no guarantees about, and assume no responsibility for, the information or services provided by third parties. We encourage you to visit any third parties to familiarize yourself with their privacy practices.

- Communication with Us. We may also collect Personal Information from you when you communicate with us.

II. USE OF INFORMATION

We may use and retain information, including Personal Information, for various purposes, including without limitation: (i) providing, maintaining and improving our Site; (ii) processing your orders and payment; (iii) conducting internal research and development and make business decisions about current and future product and service offerings; (iv) responding to your comments, questions and requests and providing customer service; (v) communicating with you about the our products, offers, promotions, rewards, and events; (vi) monitoring and analyzing trends, usage and activities; (vii) detecting/protecting against and preventing security incidents and illegal or unauthorized activities, investigating complaints and claims, and providing other security protections, such as identity verification; (viii) complying with and enforcing applicable legal and regulatory obligations, and responding to governmental requests; and (ix) carrying out any other purpose readily apparent to you or described to you at the time the Personal Information is collected.

III. DISCLOSURE OF YOUR INFORMATION

We may share your information, including Personal Information, for various purposes, including without limitation: (i) with vendors, consultants and other service providers who need access to such information to carry out work on our behalf; (ii) in response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process or as otherwise required by any applicable law, rule or regulation; (iii) if we believe your actions are inconsistent with our user agreements or policies or to protect the rights, property and safety of us or any third party; (iv) in connection with, or during negotiations of, any merger, sale of company assets, financing or transfer of all or a portion of our business to another company; (v) by publicly posting, at our discretion, your submissions, reviews, or other user content if you provide one; (vi) with your consent or at your direction; and (vii) promoting our services and the services of our affiliates and trusted business partners as permitted by applicable privacy law.

You expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. We cannot and will not be responsible for any breach of security by any third party or for any actions of any third party that receives any of the information that is disclosed to us.

IV. THIRD PARTY SITES AND SOCIAL MEDIA PLATFORMS

The Site may contain links to other websites and other websites may reference or link to our Site. These other domains and websites are not controlled by us. We encourage our users to read the privacy policies of each and every website and application that they interact with. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.

The Site also contains links and interactive features with various social media platforms. If you already use these platforms, their cookies may be set on your device when using our Site. You should be aware that Personal Information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum may be viewed and used by others without any restrictions. We are unable to control such uses of your information when interacting with a social media platform, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by third parties for any number of purposes.

V. SECURITY OF YOUR INFORMATION

We take reasonable steps to ensure that your information is treated securely and in accordance with this Privacy Policy. We follow generally accepted standards to protect Personal Information submitted to us, both during transmission and once it is received. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure.

By using the Site or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Site or sending an e-mail to you. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

VI. CHILDREN'S PRIVACY

We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age, and no part of the Site is directed to children under the age of 13. If you are under 13, do not use or provide any information on the Site, register on the Site, make any purchases through the Site, use any of the interactive features of the Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any user name you may use. If you believe we might have any information from or about a child under 13, please contact us at info@fortisrestaurantgroup.com. If we learn that we have collected any Personal Information from children under 13 without verification of parental consent, we will promptly take steps to delete such information.

VII. YOUR CHOICES

Most web browsers are set to accept cookies by default. If you prefer, you can usually set your browser to remove or reject cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of the Site.

By using the Site, you will transfer data to the United States. By your choice to visit the Site or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of the State of Ohio and the adjudication of any disputes arising in connection with Fortis Group or the Site will be in accordance with the terms herein. If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information you consent to any transfer and processing in accordance with this Privacy Policy.

VIII. MODIFICATION

We reserve the right to update, modify, and revise this Privacy Policy at any time. You will know if this Privacy Policy has been revised since your last visit to the Site by referring to the “Effective Date” at the top of this page. Your use of the Site constitutes your acceptance of any changes made to the Privacy Policy.

IX. GENERAL

This Privacy Policy is governed by the Terms and Conditions. The Terms and Conditions are hereby incorporated into this Privacy Policy by reference. This Privacy Policy (including any document expressly incorporated herein) constitutes the entire agreement between you and Fortis Group with respect to the privacy practices of Fortis Group and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. If any provision of this Privacy Policy or any application thereof shall be invalid or unenforceable, the remainder of this Privacy Policy and any other application of such provision shall not be affected thereby.

END OF PRIVACY POLICY

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