Please read carefully before using this Website and/or any Product(s) or Service(s) available from this website or Omicron Development LLC:
The Omicron website is owned and provided by Omicron Development LLC. For purposes herein, Omicron Development LLC and its subsidiaries and affiliated companies are collectively referred to as “Omicron”.
You may not interfere with the security of or otherwise abuse the Site or any system resources, Services or networks connected to or accessible through the Site. You may only use the Site for lawful purposes.
Changes to Terms
The Website is administered by Omicronn from its offices in the United States and is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its Content and Services are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. Omicron makes no representation that the information, opinions, advice or other Content on the Website is appropriate or that its Services are available outside of the United States. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
Scope of Use
You further expressly agree:
(i) not to violate any applicable law or regulation,
(ii) not to infringe the rights of Omicron or any third party (including intellectual property or contractual rights),
(iii) not to use any Content or Services for any unauthorized purpose, or
You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content or Services on this Website, or the design or layout of the Website. You may not systematically or automatically retrieve or bulk download data from the Website.
All Content on the Site may be subject to trademark, service mark, trade dress, internet domain name, copyright, patent, and/or other intellectual property rights or licenses held by Omicron, one of its affiliates, or by third parties who have licensed their materials to Omicron.
(i) only use the Content and Services for your own personal, non-commercial use, unless otherwise permitted by written agreement with Omicron,
(ii) do not modify or alter the Content or Services in any way, unless otherwise permitted by written agreement with Omicron or under any applicable third party or open source license, and
No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials, unless otherwise specified for specific Content. Except as expressly provided under the “Scope of Use” Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of Omicron. You may not use a part of this Website on any other Website, without Omicron’s prior written consent.
The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of Omicron or other third parties. You are not permitted to use the Marks without the prior written consent of Omicron or such third party that may own the Marks.
The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of Omicron is strictly prohibited.
Omicron respects the intellectual property rights of others and expects our users to do the same. Omicron reserves the right to terminate the accounts of its users, at its own discretion, for any reason, including for violations of intellectual property rights. If you believe that your non-copyright intellectual property rights have been infringed, please contact us. If you believe that your rights in copyright have been violated, please follow the express provisions of the Digital Millennium Copyright Act in the Copyright section of this website.
Communications and Submissions
This Site may incorporate the use of a “Tell a Friend”, “Share”, or other third party communication, social media or information sharing function designed to offer you the ability to share something of interest on the Site with a third party(ies) of your choosing. Omicron reserves the right to monitor and review such communications. By using the “Tell a Friend” or other information sharing function, you authorize Omicron to review such communications and expressly waive any and all privacy, publicity, moral, or similar rights or protections that you may have with regard to such communications. If you are not willing to waive such protections, then you are not permitted to use the “Tell a Friend” or other information sharing function on this Site.
You may not link to this Website without Omicron’s written permission. If you are interested in linking to this Website, please contact Omicron here.
No Unlawful or Prohibited Use
As a condition of your use of the Website, you agree and warrant to Omicron that you will not use the Website for any purpose or manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Website, or that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website, its Content, including software products, or Services in violation of any applicable state, federal, local, or other laws or regulations. You expressly agree and warrant to Omicron that you will obtain all necessary permits and permissions, if any are required for your application, to use Contents or Services provided or offered through this website.
You may not post or otherwise transmit unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other users of this Site. Inquiries regarding a commercial relationship with Omicron should be directed to Omicron here.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND OMICRON OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY’S CONTENT OR SERVICES ON THIS SITE, THIS SITE, AND ALL MATERIALS, PRODUCTS, CONTENT, AND SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, OMICRON MAKES NO WARRANTY THAT
(i) THE SERVICES AND CONTENT WILL MEET YOUR REQUIREMENTS;
(ii) THE SERVICES AND CONTENTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT WILL BE EFFECTIVE, ACCURATE, OR RELIABLE;
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR CONTENT PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND
(v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES, OR CONTENT, WILL BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. OMICRON MAY MAKE CHANGES TO THE CONTENTS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND OMICRON MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT
(i) OMICRON DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT (INCLUDING PHOTO UPLOADS OR OTHER MATERIALS), PRODUCTS, OR SERVICES SUBMITTED OR OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY CUSTOMERS/USERS, THIRD-PARTY VENDORS, AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE;
(ii) OMICRON MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENFT T, PRODUCTS, OR SERVICES;
(iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND
(iv) OMICRON SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.
Limitation of Liability
YOU EXPRESSLY AGREE TO WAIVE AND HEREBY WAIVE, AND SUCH AGREEMENT AND WAIVER BEING AN ESSENTIAL PART OF THIS AGREEMENT, ANY AND ALL CLAIMS AND LIABILITIES AGAINST OMICRON THAT ARISE FROM YOUR USE OF THIS WEBSITE, CONTENTS, OR SERVICES IN VIOLATION OF ANY FEDERAL, STATE, OR LOCAL LAWS OR REGULATIONS.
UNDER NO CIRCUMSTANCES, SHALL OMICRON OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR ANY CONTENT OR SERVICES RELATED TO THE SITE, INCLUDING SOFTWARE PRODUCTS SOLD THROUGH THE SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHER TORTUOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF OMICRON HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY OMICRON . SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
Governing Law and Arbitration
No Professional Advice
The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. It is not professional advice, and should not be construed as such.
User Submissions and Communications
Accounts and Security
(i) select or use a login name of another person with the intent to impersonate that person;
(ii) use a name subject to the rights of any other person without authorization; or
(iii) use a login name that Omicron, in its sole discretion, deems inappropriate or offensive. You shall notify Omicron of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at Omicron’s sole discretion, and you may be reported to appropriate law-enforcement agencies.