| Terms of Use |
OrionMobility.com and any web pages that display a direct link to these Terms
of Use (collectively the "Site"), provide information and services to you and
are available to all individuals, entities and programs (collectively "Users").
General
You acknowledge that the terms and conditions set forth below (the "Terms of
Use"), together with Orion Mobility's Privacy Statement (collectively the
"Terms"), govern your use of the Site and the services available on the Site.
These Terms are a legal contract between you and Orion Mobility Inc. ("Orion
Mobility" or "us" or "we"). By clicking on the "I Agree" button on the
registration page, or by using the Site or the related services, you agree that
you have read and understand these Terms and agree to be bound by them. If you
do not agree to these Terms, do not click the "I Agree" button and do not use or
otherwise access the Site.
Orion Mobility reserves the right, in its sole discretion, to modify the Terms
at any time effective upon posting of the modified Terms on the Site. Orion
Mobility also reserves the right to waive or modify any of these terms as they
apply to a specific Posting or member without affecting the application of these
terms to all other Postings and members. Your continued use of the Site or any
materials or services accessible through it, after such posting or notification
means you accept the modifications. "Postings" means, but is not limited to, any
text, links, documents, content, Images (defined below), communications,
opinions, software, data, and any other information any user provides on the
Site, including, but not limited to contributions to message boards, chats,
discussion forums, blogs, podcasts, wiki pages, spotlight pages or otherwise.
Orion Mobility reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Site (or any part thereof). Orion
Mobility shall not be liable to any User or other third party for any such
modification, suspension or discontinuance except as expressly provided herein.
As described below, Users who violate the Terms may be banned permanently from
posting or otherwise participating within or accessing the Site.
Personal Use
Orion Mobility grants you permission to access and use the Site. You may not
download (other than page caching), or modify any portion of it, except with the
express written or e-mailed consent of Orion Mobility. Your permission to use
the Site does not include any resale or commercial use of the Site or its
contents whether provided by Orion Mobility or registered Users contributing
content in message boards, chats, blogs, wikis or other
consumer-generated-content tool; or any derivative use of this Site or its
contents; or any use of data mining, robots or similar data gathering and
extraction tools or processes.
You agree not to store in any form, distribute, transmit, display, reproduce,
modify, create derivative works from, sell or otherwise exploit any of the
content on this site for any commercial purpose. By using the Site, you warrant
to Orion Mobility that you will not use the Site, or any of the content obtained
from the Site, for any purpose that is unlawful or prohibited by these Terms. If
you violate any of these Terms, your permission to use the Site automatically
terminates.
In order to download whitepapers and other PDFs, you must complete the signup
process. The information that you supply during the signup process must be
accurate and complete. Your email address, and first and last name, on your
registration will remain confidential. Additional information provided in your
registration such as Products and Services used and Industry may be used by the
Site to provide you with content unique and personalized to you.
For more information regarding our privacy policy, please visit the
Privacy Statement.
Third Party Services
In connection with your use of the Site, you may be made aware of services,
products, articles, offers and promotions provided by third parties, and not by
Orion Mobility. If you decide to use Third Party Services, you are responsible
for reviewing and understanding the terms and conditions governing any Third
Party Services. You agree that the third party, and not Orion Mobility, is
responsible for the performance of the Third Party Services.
The Site may contain or reference links to third party websites. Some of those
links are provided as a convenience only. The inclusion of any link is not and
does not necessarily imply an affiliation, sponsorship, endorsement, approval,
investigation, verification or monitoring by Orion Mobility of any information
contained in any third party website. In no event will Orion Mobility be
responsible for the information contained in such third party website or for
your use of or inability to use such website. Access to any other website is at
your own risk, and you should be aware that linked websites may contain terms
and privacy policies that are different from those of Orion Mobility. Orion
Mobility is not responsible for such provisions and expressly disclaim any
liability for them.
Termination of Use
Your privilege to use or access the Site may be terminated by Orion Mobility
immediately and without notice if you fail to comply with any term or condition
of the Terms. Upon such termination, you must immediately cease accessing or
using the Site and agree not to make use of the Site. Furthermore, you
acknowledge that Orion Mobility reserves the right to take action -- technical,
legal or otherwise -- to block, nullify or deny your ability to access the Site.
You understand that Orion Mobility may exercise this right in its sole
discretion.
Disclaimer of Warranties and Limitation of Liability
MOST OF THE CONTENT (INCLUDING, WITHOUT LIMITATION, THE POSTINGS AND THIRD PARTY
CONTENT) POSTED TO THE SITE IS PROVIDED BY REGISTERED THIRD PARTIES NOT
AFFILIATED WITH ORION MOBILITY. SUCH THIRD-PARTY CONTENT IS THE SOLE
RESPONSIBILITY OF THE PERSON ORIGINATING THAT CONTENT. YOU AGREE THAT ORION
MOBILITY DOES NOT CONTROL, AND IS NOT RESPONSIBLE IN ANY WAY FOR THIS
THIRD-PARTY CONTENT. ADDITIONALLY, YOU AGREE THAT ORION MOBILITY IS NOT LIABLE
FOR, AND YOU SHALL INDEMNIFY AND HOLD ORION MOBILITY, AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, AGENTS, MODERATORS AND EMPLOYEES HARMLESS FROM ANY CLAIM,
INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY RELATING TO OR
ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE
SITE, YOUR USE OF THE SITE, YOUR VIOLATION OF THE TERMS OF USE OR YOUR VIOLATION
OF ANY RIGHTS OF ANOTHER.
THE CONTENT ON THE SITE (INCLUDING, WITHOUT LIMITATION, POSTINGS, THIRD PARTY
CONTENT AND ANY ORION MOBILITY CONTENT) IS PROVIDED "AS IS" AND CARRIES NO
WARRANTIES. ORION MOBILITY DOES NOT WARRANT OR GUARANTEE THE ACCURACY,
RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY
RIGHTS, OR QUALITY OF ANY CONTENT ON THE SITE, REGARDLESS OF WHO ORIGINATES THAT
CONTENT. ORION MOBILITY DOES NOT WARRANT THAT THE SITE IS SECURE, FREE FROM
BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER LIMITATIONS. YOU EXPRESSLY
UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON
THAT CONTENT. ORION MOBILITY IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY
CONTENT POSTED ON OR LINKED FROM THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY
ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ORION MOBILITY AND ITS
REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOSS OF BUSINESS,
TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, LOSS OF
PROFITS OR INVESTMENT, ACCOUNTING POSITIONS TAKEN BY YOU, OR THE LIKE), WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ORION MOBILITY OR ITS
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF
A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE
LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF
THE BARGAIN BETWEEN ORION MOBILITY AND YOU. ORION MOBILITY WOULD NOT BE ABLE TO
HAVE PROVIDED THE SITE WITHOUT SUCH LIMITATIONS.
Miscellaneous
The Terms are a complete statement of the agreement between you and Orion
Mobility, and set forth the entire liability of Orion Mobility and your
exclusive remedy with respect to your access and use of the Site. In the event
of a conflict between these Terms of Use and either the Orion Mobility Privacy
Statement or the Terms of Service applicable to the Site, these Terms of Use
shall prevail. The agents and employees of Orion Mobility are not authorized to
make modifications to the Terms, or to make any additional representations,
commitments or warranties binding on Orion Mobility. Any waiver of the terms
herein by Orion Mobility must be in a writing signed by an authorized officer of
Orion Mobility and expressly referencing the applicable provisions of the Terms.
If any provision of the Terms is invalid or unenforceable under applicable law,
then it shall be, to that extent, deemed omitted and the remaining provisions
will continue in full force and effect. The Terms will be governed by
Connecticut law as applied to agreements entered into and to be performed
entirely within Connecticut, without regard to its choice of law or conflicts of
law principles, and applicable federal law. The parties hereby consent to the
exclusive jurisdiction and venue in the state and federal courts in Fairfiled
County, Connecticut. The Terms do not limit any rights that Orion Mobility may
have under trade secret, copyright, patent or other laws.