Terms & Conditions of Use

This page sets forth the terms and conditions under which Orien Risk Analysts, (referred to herein as “Orien”) provides information on this web site, as well as the terms and conditions governing your use of this site. By accessing this web site, you agree to be bound by these Terms & Conditions of Use without limitation or qualification, as well as all applicable laws and regulations. If you do not agree to these Terms & Conditions of Use, do not use this web site. Please review these Terms & Conditions of Use each time you access this web site since they may be revised from time to time without notice.  We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. By continuing to access or use this web site after we post an update to the Terms & Conditions of Use, you are agreeing to be bound by the revised terms.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion and without notice. We 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, we may restrict access to some parts of the Website, or the entire Website, to users.

To access the Website or some of the resources it offers, you may be asked to provide certain information. It is a condition of your use of the Website that all the information you provide on the Website is accurate. You agree that all information you provide to this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We reserve the right to disable your access at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Products and Services

This web site is provided for informational purposes only. The descriptions of products and services are intended to provide only general information and are not intended to be a complete description of all terms, conditions, and exclusions in the subject contracts, nor are they intended to be relied upon by potential insureds or third-parties. The insurance products marketed by us may not be available in all jurisdictions.  The specific terms and conditions of our products available in one jurisdiction may vary from those available in another.    By providing material on this web site, Orien does not promise that the materials will be available to you or that you will qualify for the products and services we offer.  Orien does not market directly to the members of the General Public.  Links or other contact information are provided elsewhere on this site that will assist you in accessing a service provider who can assist you with inquiries about our products and services.

DISCLAIMER

YOU AGREE THAT YOUR USE OF THIS WEB SITE (OR ANY WEB SITE LINKED TO OR FROM THIS SITE) AND ITS CONTENT IS AT YOUR SOLE RISK. THE MATERIALS ON THIS WEB SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  ORIEN, ITS PARENT, SUBSIDIARIES AND AFFILIATES (“ORIEN PARTIES”), AND THEIR SERVICE PROVIDERS AND CONTENT PROVIDERS, EACH  DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THE ORIEN PARTIES, THEIR SERVICE PROVIDERS AND CONTENT PROVIDERS, DO NOT WARRANT THAT YOUR USE OF THIS WEB SITE OR ANY WEB SITE LINKED TO OR FROM THIS SITE WILL BE UNINTERRUPTED, ERROR-FREE, FREE FROM VIRUSES, WORMS, TROJAN HORSES, MALICIOUS CODES, INFORMATION STEALING TECHNOLOGY  AND OTHER ITEMS OF A HOSTILE OR DESTRUCTIVE NATURE OR THAT THEY WILL BE COMPATIBLE WITH YOUR COMPUTER, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PROVIDED BY THE LAW, WE 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 MATERIALS POSTED ON IT, OR ANY WEBSITE LINKED TO IT.

THE ORIEN PARTIES, THEIR SERVICE PROVIDERS AND CONTENT PROVIDERS,  DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEB SITE OR ANY LINKED SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, USEFULNESS, AVAILABILITY, QUALITY OR OTHERWISE. THE INFORMATION AND DESCRIPTIONS CONTAINED HEREIN ARE NOT NECESSARILY INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS AND CONDITIONS APPLICABLE TO THE PRODUCTS AND SERVICES, BUT ARE PROVIDED SOLELY FOR GENERAL INFORMATIONAL PURPOSES.

THE INFORMATION PRESENTED ON THIS WEB SITE SHOULD NOT BE CONSTRUED AS LEGAL, TAX, BUSINESS, FINANCIAL, INSURANCE OR ACCOUNTING ADVICE.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE ORIEN PARTIES AND THEIR SERVICE PROVIDERS OR CONTENT PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, 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, WHETHER  TO YOU OR FOR DAMAGE TO YOUR TECHNOLOGY EQUIPMENT OR INFORMATION RESOURCES THAT RESULTS FROM YOUR ACCESS TO, USE OF, OR BROWSING ON THE WEB SITE OR ANY LINKED SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO OR OBTAINING PRODUCTS OR SERVICES DESCRIBED ON THE WEB SITE, EVEN IF THE ORIEN PARTIES, THEIR SERVICE PROVIDER, CONTENT PROVIDERS  OR AN ORIENAUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS CONTAINED IN THESE TERMS & CONDITIONS WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR STRICT LIABILITY, AND REGARDLESS OF THE NATURE OR NUMBER OF CLAIMS OR ACTIONS. IN NO EVENT WILL THE ORIEN PARTIES, THEIR SERVICE PROVIDERS OR CONTENT PROVIDERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE.

YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS AGAINST THE ORIEN PARTIES, THEIR SERVICE PROVIDERS OR CONTENT PROVIDERS. YOU AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THAT THE SITE AND ITS MATERIALS, INFORMATION OR CONTENT WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.

Indemnity

You agree to defend, indemnify and hold the Orien Parties and their Service Providers or Content Providers harmless from any losses, damages, claims or liabilities of any nature, or any liability to third parties, including reasonable attorneys’ fees, arising from or related to your use of the web site or any web site content or your breach of the Privacy Policy or these Terms & Conditions of Use.

Restrictions on the Use of this Website

Except as otherwise expressly permitted by Orien or the Content Owner, no materials from this web site or any other web site owned, operated, licensed or controlled by the Orien Parties may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may not distribute, modify, transmit, reuse, repost, or use the content of this web site for any purposes, including the text, images, audio, and video without the Orien Parties’ or the Content Owner’s written permission. You may not post on or transmit through this web site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable laws. Orien neither warrants nor represents that your use of materials displayed on this web site will not infringe the rights of third parties.

You may use the Website only for lawful purposes and in accordance with these Terms and Conditions 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 impersonate or attempt to impersonate Orien, one of the Orien Parties, an Orien employee, another user, or any other person or entity (including, without limitation, by using email addresses 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 Orien or users of the Website or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website 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 our 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 that 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.

The permission to use this web site automatically terminates if you fail to comply with any provision of these Terms & Conditions of Use or our Privacy Policy. Further, Orien reserves the right to prevent you from accessing this web site or the content for any or no reason, including, without limitation, your failure to comply with any provision of these Terms & Conditions of Use or our Privacy Policy.

Orien reserves the right to alter or discontinue this web site or any of its features or contents in any way, at any time, for any or no reason, without prior notification.

Jurisdictional Issues

These Terms & Conditions of Use will be construed, enforced and performed in accordance with the law of the State of New York without reference to principles of conflict of laws. Those who choose to access this web site proceed on their own initiative and are responsible for compliance with all applicable laws. This web site is not intended for use in any jurisdiction where the distribution of its content or functionality is contrary to law, nor does it apply to any person in a jurisdiction where distribution of the particular materials is prohibited without licensure or regulatory approval.  Orien does not imply that the materials on this web site or its products are available in all jurisdictions.  The federal and state courts located in the State of New York or of the United States of America located in the County of New York, State of New York shall have the sole and exclusive jurisdiction in connection with any dispute arising hereunder.

Ownership of Information

Any information, other than personal data or information, you transmit to Orien via this web site, by electronic mail or otherwise, including data, questions, comments, or suggestions will be treated as non-confidential and non-proprietary and will become the property of the Orien Parties. Such information, other than personal data, may be used for any purpose, including, but not limited to, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. Orien is free to use any ideas, concepts, ‘know-how’, or techniques contained in any communication you send to Orien via this web site or by any other means for any purpose whatsoever, including, but not limited to, developing and marketing products or services using such information.

Trademarks and Copyrights

Orien, its parent, subsidiaries or affiliates (“the Orien Parties”) and their Service Providers or Content Providers own and retain all copyrights, trademarks, service marks, database rights, patents, know-how, confidential information and other proprietary rights (“Intellectual Property”) in the material available through this web site. Nothing contained on the web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any such Intellectual Property without the written permission of the Orien Parties, the Service Provider or Content Provider.

Your use of the Intellectual Property displayed on this web site, or any other content on this web site, except as provided herein, is strictly prohibited. You may not distribute, modify, transmit, reuse, repost, or use the content of this web site for any purpose without the Orien Parties’, the Service Provider or Content Provider’s written permission in their sole discretion.  If permission is granted you must retain all trademark, service mark, copyright or other proprietary notices.

Images displayed on this web site are either the property of, or used with permission by, the Orien Parties, the Service Provider or Content Provider.  The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by the Orien Parties, the Service Provider or Content Provider. Any unauthorized use of images may violate copyright, trademark, privacy, publicity laws, or the other laws.

Please see the contact information for any third party content provided on this web site. Inquiries concerning the use of the Orien Parties’, the Service Provider’s or Content Provider’s trademarks, service marks, copyrights or other intellectual property can be sent by mail to Fair American Insurance and Reinsurance Company, General Counsel’s Office, One Liberty Plaza, 165 Broadway, New York, NY 10006, U.S.A. or sent via email to info@fairco.com.

HYPERTEXT LINKS AND THIRD-PARTY SITES

SOLELY FOR YOUR INFORMATION, THIS WEB SITE MAY CONTAIN LINKS TO OR FROM SITES WHICH ARE NOT MAINTAINED OR CONTROLLED BY THE ORIEN PARTIES. THE INCLUSION OF ANY LINK TO OR FROM SUCH WEB SITES DOES NOT IMPLY APPROVAL OF OR ENDORSEMENT BY THE ORIEN PARTIES OF THE WEB SITES OR THE CONTENT THEREOF. THE ORIEN PARTIES DO NOT OWN, OPERATE, CONTROL OR REVIEW THE INFORMATION, PRODUCTS, SERVICES, CONTENT OR OPERATION OF LINKED SITES NOR DOES THE PRESENCE OF ANY LINK IMPLY AN ENDORSEMENT OR ASSOCIATION OF SUCH NON-ORIEN PARTIES’ SITES OR THE COMPANIES OR ORGANIZATIONS THAT OPERATE SUCH SITES. THE ORIEN PARTIES ARE NOT RESPONSIBLE FOR, ACCEPT NO LIABILITY FOR, AND DO NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE COMPLETENESS, ACCURACY, RELIABILITY, USEFULNESS, AVAILABILITY, QUALITY, TITLE, OR OWNERSHIP OF SUCH SITES OR THEIR PRODUCTS OR SERVICES OR THE SECURITY OF SUCH SITES OR OF THE RESULTS TO BE OBTAINED FROM YOUR USE OF SUCH SITES OR THEIR PRODUCTS OR SERVICES. THE ORIEN PARTIES HAVE NO KNOWLEDGE OF AND IS NOT RESPONSIBLE FOR THE LINKED SITES DATA COLLECTION, PRIVACY OR SECURITY PRACTICES OR FOR ANY TRANSMISSION TO OR FROM THE LINKED SITES, OR OTHER INFORMATION YOU PROVIDE ON SUCH SITE.  THE ORIEN PARTIES HEREBY DISCLAIM ALL LIABILITY REGARDING YOUR USE OF ANY LINKED SITE, AS WELL AS ANY LINK IN A LINKED SITE. IF YOU ACCESS SUCH LINKED SITES YOU DO SO ENTIRELY AT YOUR OWN RISK.

WE ENCOURAGE YOU TO CAREFULLY REVIEW THE TERMS & CONDITIONS AND PRIVACY POLICY OF EVERY WEB SITE YOU VISIT AND ANY QUESTIONS SHOULD BE DIRECTED TO THE OWNER OF THE SITE.

Privacy Policy

All information collected from users of our Web site is subject to our Privacy Policy, which is incorporated into these Terms & Conditions of Use by reference. For more information, see our Privacy Policy.

Assignment

The Orien Parties may assign their rights and obligations under these Terms & Conditions of Use and any applicable additional terms, in whole or in part, to any party at any time without any notice.  These Terms & Conditions of Use and any applicable additional terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Orien.

General

If any provision of these Terms & Conditions of Use is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent possible and the other provisions will remain enforceable and in full effect. No failure or delay in enforcing any right shall be a waiver of that or any other right.