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Terms of Use
By accessing
this service and any of its pages, you agree to the terms and conditions set out in this legal notice
and disclaimer.
Modification of Terms
The information is provided pursuant to an Agreement
(“Agreement”) between Orbatel Communications and you/your
company (“Company”). We reserve the right to modify these
Terms of Use at any time at our discretion.
Intellectual Property Information
Orbatel is the owner or licensor of intellectual property
rights, including copyright, displaying the pages of this service, as well as
in the Orbatel Information contained therein and in the
arrangement of the Information. No use of Orbatel’s
intellectual property is permitted except as is expressly
authorized by Orbatel in this service, the Agreement or
under separate written agreement with Orbatel.
Licensing
Software program licensing includes installations on up to 3
computer systems with downloads to be completed within a 6
month time period. Login requests will be honored during the
6 month period. Contact support@orbatel.com for any help
regarding access to the download area during this time span.
Indemnification
You agree to indemnify and hold us, and our subsidiaries,
affiliates, officers, agents, co-branders or other partners,
and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to
or arising out of messages you transmit through our
services, your use of our services, your connection to our
services, your violation of these Terms of Use, or your
violation of any rights of another.
No Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF OUR
SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (i) OUR SERVICES
WILL MEET YOUR REQUIREMENTS, (ii) OUR SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS
PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET
YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL
BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
US OR THROUGH OR FROM OUR SERVICES SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED HEREIN.
Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE
LIABLE 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 WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE
USE OR THE INABILITY TO USE OUR SERVICES; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO,
THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (v) ANY OTHER
MATTER RELATING TO OUR SERVICES.
Jurisdiction
You specifically agree that any lawsuit or cause of action
arising from your use of our services shall be governed by
Georgia law, and you specifically submit to the jurisdiction
of the state and federal courts of the State of Georgia.
Other Terms of Use
This Legal Notice and Disclaimer represent the full direct
agreement between Orbatel and you, the end-user, regarding
your access and use of this service and Information. Other
limitations exist in the use of this service which may be
provided to you by the Company, if applicable. No failure by
Orbatel to enforce any of its rights under this Legal Notice
and Disclaimer shall be deemed a waiver of those rights. You
agree that all of the terms and conditions of this Legal
Notice and Disclaimer are fair and reasonable, and that you
agree to be bound to same as matter of your own free will.
The construction, interpretation and validity of this Legal
Notice and Disclaimer shall be subject to the laws of the
State of Georgia, United States of America.
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