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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