The omniONE USA Inc. (“omniONE”) Website Terms of Use
(Last updated September 28, 2011)

These Terms of Use govern your access to and use of omniONE's website (the "Site"), any information, text, graphics, or other materials appearing on the Site (the "Content"), and any services provided through the Site (the "Services"). Your access to and use of the Site, Content, and/or Services are expressly conditioned on your compliance with these Terms of Use. By accessing or using the Site, Content, or Services, you agree to be bound by these Terms of Use.

Modification of Terms of Use

You acknowledge and agree that omniONE may revise these Terms of Use from time to time. By continuing to access or use the Site, Content, or Services after omniONE makes any such revision, you agree to be bound by the revised Terms of Use.

Privacy

See omniONE's Privacy Policy here (put the link on the current privacy policy page) for information and notices concerning omniONE's collection and use of your personal information. 

Guard Your Password

You are responsible for safeguarding the password that you use to access any secure areas of the Site. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify omniONE of any unauthorized use of your password.

Your Use of the Content

omniONE authorizes you to download, view, and print a single copy of any Content, solely for your personal and non-commercial purposes, and subject to the restrictions set forth in these Terms of Use. 

Proprietary Rights and Restrictions on Use

The material on this site is the property of omniONE Nothing contained on this site shall be construed as conferring by implication, estoppels, or otherwise, any license or right to any copyright, patent, trademark or other proprietary right of omniONE or any third party. This site and the content provided on this site, including, but not limited to audio, video, html code, buttons, graphic images, and text, may not be copied, reproduced, prepare derivate works based upon, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of omniONE, except that you may view, download, copy and print one copy of material and graphics on one computer from this site for your personal, non-commercial use only, provided you do not delete or change any copyright, trademark and other proprietary rights of the omniONE. All rights not expressly granted herein are reserved. 

General Prohibitions

You agree not to do any of the following while using the Site, Content or Services:

  • - Post, publish or transmit any text, graphics, or material that: (I) is false or misleading; (II) is defamatory; (III) invades another’s privacy; (IV) is obscene, pornographic, or offensive; (V) promotes bigotry, racism, hatred or harm against any individual or group; (VI) infringes another’s rights, including any intellectual property rights; or (VII) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
  • - Access, tamper with, or use non-public areas of the Site, omniONE’s computer systems, or the technical delivery systems of omniONE’s providers;
  • - Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
  • - Attempt to access or search the Site, Content, or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by omniONE or other generally available third party web browsers (such as Microsoft Internet Explorer or Mozilla Firefox);
  • - Send unsolicited email, junk mail, “spam”, or chain letters, or promotions or advertisements for products or services. Please refer to our anti-spam policy (put the link to anti-spam policy page);
  • - Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Content or Services to send altered, deceptive or false source-identifying information;
  • - Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Content, or Services;
  • - Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Content, or Services;
  • - omniONE will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. omniONE may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that omniONE has no obligation to monitor your access to or use of the Site, Content, and Services, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that omniONE is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by omniONE of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. 

Termination

If you violate any of these Terms of Use, your permission to use the Site, Content, and Services will automatically terminate. omniONE reserves the right to revoke your access to and use of the Site, Content, and Services at any time, with or without cause. omniONE also reserves the right to cease providing or to change the Site, Content, or Services at any time and without notice. 

Use of the Site at Your Own Risk

Your access to and use of the Site, Content, and Services is at your own risk. omniONE will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site, Content, or Services. The Site is Available "AS-IS" THE SITE, CONTENT, AND SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, omniONE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.

omniONE MAKES NO WARRANTY THAT THE SITE, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. omniONE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE, CONTENT OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT OR SERVICES. 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM omniONE OR THROUGH THE SITE, CONTENT, OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 

Indemnity

You agree to defend, indemnify, and hold harmless omniONE, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Content, or Services, or your violation of these Terms of Use. 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER omniONE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, CONTENT, OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CONTENT, OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT omniONE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT omniONE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, omniONE WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES. 

YOU AGREE THAT THE AGGREGATE LIABILITY OF omniONE TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT OR SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO omniONE FOR ACCESS TO AND USE OF THE SITE, CONTENT, OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN omniONE AND YOU. 

Severability

In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect. 

Waiver

The failure of omniONE to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. 

Controlling Law and Jurisdiction

These Terms of Use and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in Dover, Delaware, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. 

Entire Agreement

These Terms of Use are the entire and exclusive agreement between omniONE and you regarding the Site, Content, and Services, and these Terms of Use supersede and replace any prior agreements between omniONE and you regarding the Site, Content, and Services. 

Contact information

If you have any questions regarding these Terms of Use, please contact us at legal [at] omnifeedback.com. If you have any other questions regarding the site, please contact support [at] omnifeedback.com.