Terms and conditions of use

1. Acceptance of Orcus Consult Terms of Use

These Terms of Use regulate access to the website https://Orcus Consultconsult.org/ owned by Orcus Consult (hereinafter, the ”Website”). Please read these Terms of Use carefully before you begin using the Website.

By accessing or otherwise using the functions of the Website on any device, you agree to accept and be bound by these Terms of Use and the Orcus Consult Privacy Policy. These Terms of Use are entered into by and between users of the Website (“You” “Your” “Yourself” or “User” or “Users”) and Orcus Consult, and govern Your use of this Website or any mobile application operated by Orcus Consult.

These Terms of Use, together with the Orcus Consult Privacy Policy and any other terms and conditions provided when a purchase is made or service used or order confirmation provided govern Your access to and use of the Website including any content, functionality, goods and services offered on or through the Website, whether as a guest or registered user. If any of the provisions of these Website Terms of Use conflict with any terms and conditions applicable specifically to an individual product or service purchased, the specific provisions of those terms and conditions applicable to the specific product or service will apply. If you do not want to accept these Terms of Use or the Orcus Consult Privacy Policy, do not access or use this Website.


2. Eligibility of Use 

By using the Website You represent and warrant that You are of legal age to form a binding contract with Orcus Consult and meet all the foregoing eligibility requirements. If You do not meet all these requirements, do not access or use the Website.

The Website is not intended for anyone under 18 years of age. You must be 18 years of age or older to use the Website. If You are under 18, please do not use or provide any information on the Website or on or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about Yourself to Us, including Your name, address, telephone number, email address, or any screen name or user name You may use. By using the Website and accepting these Terms of Use you represent that you have the right, authority, and capacity to agree to these Terms of Use.


3. Changes to the Terms of Use

Orcus Consult may revise and update these Terms of Use at any time at Our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.


4. Termination of Access
 

Orcus Consult reserves the right, in its sole discretion to terminate Your access to the services or any portion of the Website in the event of any breach of these Terms of Use or at any time, and for any reason, or no reason at all, without any prior notice or any notice whatsoever.


5. Accessing the Website and Account Security

Orcus Consult reserves the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. Orcus Consult will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, Orcus Consult may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

Making all arrangements necessary for you to have access to the Website.

Ensuring that all persons who access the Website through your Internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the functions it offers, You may be asked to provide certain registration or login details or other information. As a condition of Your use of the Website You agree that all the information You provide on the Website is correct, current, and complete. You agree that all information You provide to register/login with this Website or otherwise, including but not limited to, through the use of any interactive features on the Website, or in making any purchase, is governed by the Orcus Consult Privacy Policy and You consent to all actions Orcus Consult takes with respect to Your information consistent with the Orcus Consult Privacy Policy.

If You choose, or are provided with, a username, password, or any other piece of information as part of Orcus Consult security procedures, You agree to treat such information as confidential, and You agree not to disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to this Website or portions of it using Your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of Your username or password or any other breach of security. You also agree to ensure that You logout from Your account and exit from Your browser at the end of each session. You should exercise caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.

Orcus Consult has the right to disable any username, password, or other identifier, whether chosen by You or provided by us, at any time in Orcus Consult’s sole discretion for any reason, including if, in Orcus Consult opinion, You have violated any provision of these Terms of Use.


6. Contents and Intellectual and Industrial Property 

The Website and its entire contents, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Orcus Consult or its content suppliers and is protected by International copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These names and logos, and all related names, logos, product and service names, designs and slogans are trademarks of Orcus Consult or its affiliates or licensors. You must not use such marks without the prior written permission of Orcus Consult. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

You may not use these marks without the prior written consent of Orcus Consult. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of Orcus Consult or the appropriate owner thereof. The compilation of all content on this site is the exclusive property of the Orcus Consult and is protected by International copyright laws. Orcus Consult does not assign, nor grant any license or authorization to the Users on the intellectual and industrial property rights corresponding to said elements.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website. Orcus Consult possesses the exclusive exercise of the rights of exploitation of the mentioned intellectual and industrial property, in any form and, especially, the rights of reproduction, distribution, public communication and transformation. By way of example, and not limitation, you MUST NOT:

  • Reproduce, copy, distribute, make available, publicly communicate, transform or modify the contents except in cases authorized by law or expressly consented to by Orcus Consult.
  • Extract and / or reuse all or a substantial part of the contents of the Website that Orcus Consult makes available to Users.
  • Duplicate, copy, sell, resell or exploit Orcus Consult’s services for commercial purposes, without Orcus Consult’s prior consent.
  • Use any trademark, logo or other information protected by copyright of Orcus Consult without the corresponding prior authorization.
  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. 

 You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If You otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use Your right to use the Website will stop immediately and You must, at Orcus Consult’s option, return or destroy any copies of the materials You have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Orcus Consult. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate other laws.


7. Acceptable and Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material without Orcus Consult prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate us, an Orcus Consult employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability.
  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without Orcus Consult prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website. 


8. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. Orcus Consult does not warrant the accuracy, completeness or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. Orcus Consult disclaims all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The User knows and accepts that any data related to Orcus Consult or the companies of the Business Group for the purposes of Article 42 of the Royal Decree of August 22, 1885, whereby the Commercial Code is published, of an economic – financial nature – Strategic (hereinafter, “Corporate Information”) is carried out for informational purposes only.

The Corporate Information has been obtained from reliable sources, but, despite having taken reasonable measures to ensure that such Information is not erroneous or misleading, Orcus Consult states that it does not guarantee that it is accurate, complete or up-to-date.

The Corporate Information contained in the Website does not imply any type of investment recommendation, financial or other advice, and nothing included in it should be taken as the basis for making investments or making decisions of any kind. 


9. Changes to the Website

Orcus Consult may update the content on this Website from time to time, at its sole discretion, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and Orcus Consult is under no obligation to update such material.


10. Information About You and Your Visits to the Website

All information Orcus Consult collects on this Website is subject to the Orcus Consult Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.


11. Disclaimer of Warranties

You understand that Orcus Consult cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Orcus Consult Website for any reconstruction of any lost data.

Orcus Consult WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE MADE, EXPRESS OR IMPLIED, BY Orcus Consult OR ANY PERSON ASSOCIATED WITH Orcus Consult WITH RESPECT TO THE OPERATION OF THE WEBSITE OR THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS PURCHASED THROUGH OR INCLUDED ON THIS WEBSITE. NEITHER Orcus Consult NOR ANYONE ASSOCIATED WITH Orcus Consult REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE, EMAIL SENT FROM THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PROVIDED BY LAW, Orcus Consult WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Orcus Consult DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL Orcus Consult, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITE LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 


12. Indemnification

You agree to defend, indemnify, and hold harmless Orcus Consult, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, demands, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ and accounting fees) arising out of or relating to or alleged to have resulted from Your violation of these Terms of Use or Your use of the Website, including, but not limited to, Your User Submissions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or Your use of any information obtained from the Website. You shall cooperate with Orcus Consult in the defense of any such claim. Orcus Consult reserves the right, at Orcus Consult’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.


13. Waiver and Severability

No waiver by the Orcus Consult of any term or provision in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or provision and any failure of the Orcus Consult to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or otherwise unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Those provisions of these Terms of Use that would naturally survive the termination or expiration of this agreement shall survive such termination or expiration and shall continue in full force and effect, including, without limitation, the following; Acceptable Use and Prohibited Uses, Contents and Intellectual Property and Industrial Property, Disclaimer of Warranty and Limitation of Liability, Indemnification, Class Action Waiver, Governing Law and Jurisdiction, Arbitration, Waiver and Severability, and Entire Agreement.


14. Class Action Waiver

YOU AND Orcus Consult AGREE THAT ANY CLAIM BROUGHT AGAINST THE OTHER WILL ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY. NEITHER YOU OR Orcus Consult ARE ENTITLED TO BRING A CLAIM AS A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY-GENERAL ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.


15. Copyright Infringement – Notice and Take Down Procedures

If You believe any content from the Website infringes upon any copyright You own or control You may request removal of such content by sending emailing us at:
support@orcusconsult.org

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