DisclaimerIN NO EVENT SHALL ORSUS, ITS AFFILIATES, SUPPLIERS, ITS LICENSORS, OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, THE "ORSUS PARTIES”) BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION OR ANY OTHER CAUSE OF ACTION WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH THE USE OF INFORMATION AVAILABLE ON THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ORSUS MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. ORSUS MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE OR FROM EITHER OF THE ORSUS PARTIES SHALL CREATE ANY WARRANTY. ORSUS DISCLAIMS ALL EQUITABLE INDEMNITIES.
LIMITATION OF LIABILITY
THE SITE AND ALL INFORMATION HERETO IS PROVIDED "AS IS" AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE IS WITH YOU. SHOULD THE MATERIALS OR ANY INFORMATION HERETO PROVE DEFECTIVE, YOU, AND NOT ORSUS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. IN NO EVENT SHALL ORSUS, ITS AFFILIATES, OR ITS SUPPLIERS AND LICENSORS, BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ORSUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any of Orsus Parties may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Orsus Party’s liability shall be the minimum permitted under such applicable law.
MODIFICATIONS TO SITE
Orsus reserves the right to modify, suspend, or discontinue the Site at any time without notice to you. For example, Orsus may make changes to the Materials and/or information provided herein at any time without notice. The Materials and/or information provided herein may be out of date and Orsus makes no commitment to updating whatsoever. Information published on a Site may refer to products, programs, or services that are not available in your country. Consult your local Orsus business contact for information regarding the products, programs, and services that may be available to you.
APPLICABLE LAWS
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Israel without giving effect to any principles of conflicts law. You agree that any dispute arising from or relating in any way to this Site will be brought exclusively in the courts of Tel Aviv and you irrevocably agree to submit to the jurisdiction of such courts. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
TRADEMARKS
Orsus trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, including, but not limited to Orsus® and Situator™ are trademarks of Orsus in the U.S. and/or other countries. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Orsus or such third party that may own other trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site is strictly prohibited. You are also advised that Orsus will aggressively enforce its intellectual property rights to the fullest extent of the law.
CORRECTION OR REMOVAL
Should you find any information on this Website which you reasonably believe violates any of your legal rights, please contact us, identifying the material in question.
You agree to indemnify, defend, and hold harmless the Orsus Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms and Conditions. Orsus reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Orsus’ defense of such claim.
