Terms of Use

Welcome to this Omnex or Omnex Systems website. Omnex or Omnex Systems, Inc., and its subsidiaries and affiliates ("Omnex or Omnex Systems") require that all visitors to our sites on the World Wide Web (the "Site") adhere to the following Terms of Use. Please read the Terms of Use carefully. By accessing the Site, you indicate that you acknowledge and accept the Terms of Use.

Privacy

Please review our Privacy Policy, which also applies to your visit to this Site.

Copyright

By visiting this Site, you understand and agree that all copyrights and trademarks will be respected.

Copyright (c) 1996-2008 by Omnex or Omnex Systems, Inc. ALL RIGHTS RESERVED.

All information and content included on this Site, including but not limited to (i) text, graphics, logos, icons, images, audio clips, digital downloads, and product demonstrations; (ii) data and content compilations; and (iii) software, is the property of Omnex or Omnex Systems or its content or software suppliers and is protected by United States and international copyright laws. You may not modify, copy, distribute, transmit, display, publish, sell, or license any information from this Site without the express written consent of Omnex or Omnex Systems and any applicable third-party owner or licensor. You may not create derivative works, or use any information, content, or software available on or through this Site for commercial or public purposes without the express written consent of Omnex or Omnex Systems and any applicable third-party owner or licensor. In addition, you may not reproduce, transmit, transcribe, store in a retrieval system, or translate into any human or computer language any part of the material and databases on this Site in any form or by any means whatsoever without the express written consent of Omnex or Omnex Systems. Such consent may be requested by contacting Omnex at 315 E. Eisenhower Parkway, Suite 214, Ann Arbor, MI 48108. Attn: Legal Department.

Trademarks

The trademarks, logos, service marks, graphics, and trade dress displayed on this Site are the intellectual property of Omnex or Omnex Systems and other applicable parties that have licensed their property and/or material to Omnex or Omnex Systems. You should assume that any product or service name is a registered mark, trademark, or service mark and the intellectual property of Omnex or Omnex Systems or a third party. You are prohibited from using any Omnex or Omnex Systems or third-party trademarks or service marks noted on the Site for any purpose, including but not limited to use as metatags on other pages or sites on the World Wide Web, without the express written permission of Omnex or Omnex Systems or such third parties. If Omnex or Omnex Systems grants such written permission, you may not use the trademarks and service marks in any manner that (i) is likely to cause confusion among customers or the public, or (ii) disparages or discredits Omnex or Omnex Systems.

License and Site Use

Omnex or Omnex Systems grants to you, the user, a limited license to access and make personal use of this Site; but you may not download (other than page caching) or modify it, or any portion of it, except with the express written consent of Omnex or Omnex Systems. This license does not include any right to (i) resell or use this Site or its contents for any commercial purposes; (ii) collect and use any product listings, descriptions, or prices found on this Site; (iii) make any derivative use of this Site or its contents; (iv) download or copy account information found on this Site for the benefit of any individual or corporation; or (v) use data mining, robots, or similar data-gathering and extraction tools in connection with this Site or any information found on this Site. You may not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit this Site or any portion of this Site for any commercial purpose without the express written consent of Omnex or Omnex Systems. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Omnex or Omnex Systems or any third party without the express written consent of the applicable proprietary information owner. You may not use any metatags or any other "hidden text" using Omnex or Omnex Systems's name or trademarks without Omnex or Omnex Systems's express written consent. Any unauthorized use immediately terminates the limited license granted to you by Omnex or Omnex Systems.

Omnex or Omnex Systems grants to commercial web search engines a limited license to index this site by any manual or automated method and to display the titles of pages and brief excerpts from those pages as search results.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Site so long as the link does not portray Omnex or Omnex Systems or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use the Omnex or Omnex Systems logo or any other proprietary graphic or trademark of Omnex or Omnex Systems as part of such link without Omnex or Omnex Systems's express written permission. Nothing in this license shall confer on you or any third party any rights to or under any patent, copyright, or trademark of Omnex or Omnex Systems or any third party.

Linked Internet Sites

Except as noted above, Omnex or Omnex Systems expressly prohibits unauthorized hypertext links to the Site and the framing of any content available through the Site. Omnex or Omnex Systems reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the content available on any other Internet sites linked to the Site. Access to and use of any other Internet sites linked to the Site is at the user's own risk.

Although Omnex or Omnex Systems maintains high standards regarding the protection of your privacy and personal data and information, linked sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmissions of personal data provisions, and other provisions that differ from the provisions provided on the Site. Omnex or Omnex Systems is not responsible for examining or evaluating these provisions and expressly disclaims any and all liability related not only to such provisions, but also to any of the content found on any linked sites.You should carefully review both the privacy statements and the terms or Terms of Use applying to any linked site.

Information You Provide

Should anyone visiting the Omnex or Omnex Systems website respond to Omnex or Omnex Systems by sending information, including data, questions, comments, or suggestions, such response shall be non confidential, and Omnex or Omnex Systems shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute said information to others without limitation. Further, Omnex or Omnex Systems shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products incorporating such information.

Disclaimer of Warranties and Limitation of Liability

ALL CONTENT, PRODUCTS, AND SERVICES ON THIS SITE, OR OBTAINED FROM A WEBSITE TO WHICH THIS SITE IS LINKED, ARE PROVIDED TO YOU BY OMNEX OR OMNEX SYSTEMS "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE INFORMATION, SOFTWARE, PRODUCTS, AND CONTENT PUBLISHED ON THIS SITE OR A LINKED SITE MAY CONTAIN TECHNICAL INACCURACIES OR ERRORS, INCLUDING TYPOGRAPHICAL ERRORS. OMNEX OR OMNEX SYSTEMS SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY FOR SUCH ERRORS AND RESERVES THE RIGHT TO MAKE IMPROVEMENTS OR CHANGES TO THE SITE AT ANY TIME WITHOUT NOTICE.

YOU AGREE THAT OMNEX OR OMNEX SYSTEMS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE. THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER CONNECTION PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS, OR ANY FORCE MAJEURE. OMNEX OR OMNEX SYSTEMS CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED ACCESS TO THE SITE.

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

Indemnity

You agree to defend, indemnify, and hold harmless Omnex or Omnex Systems, together with its respective employees, agents, directors, officers, and shareholders, from and against all the liabilities, claims, damages, and expenses (including reasonable attorney's fees and costs) arising out of your use of this Site; your breach or alleged breach of this Agreement; or your breach or alleged breach of the copyright, trademark, proprietary, or other rights of Omnex or Omnex Systems or third parties.

Employment Opportunities

Omnex or Omnex Systems may place notices of employment opportunities on this Site. At Omnex or Omnex Systems, we fully recognize and are sensitive to all confidentiality issues surrounding the on-line employment application process. Therefore, in accordance with Omnex or Omnex Systems's privacy guidelines and principles, if you choose to submit your name, address, contact information, resume, and/or any other personal information to Omnex or Omnex Systems in response to an employment opportunity, you can be confident that Omnex or Omnex Systems will use this information only for lawful and legitimate employment purposes. Omnex or Omnex Systems does reserve the right to distribute the information you submit among its employees for legitimate business purposes. Furthermore, nothing in these Terms of Use or contained on this Site shall constitute a promise by Omnex or Omnex Systems to interview, hire, or employ any individual who submits information to it, nor shall anything in these Terms of Use or contained on the Site constitute a promise that Omnex or Omnex Systems will review any or all of the information that users or applicants submit. Omnex or Omnex Systems is an equal opportunity employer.

Changes to Terms of Use

Omnex or Omnex Systems reserves the right to revise these Terms of Use at any time. Users are deemed to be apprised of and bound by any changes.

Severability

If any condition is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

Violations of Terms of Use

Omnex or Omnex Systems reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access to this Site.

Access to Password-Secure Areas

Omnex or Omnex Systems may restrict certain secure areas of this Site to authorized users and permit access to these secure areas only by the use of a confidential password. Unauthorized individuals attempting to access such areas of this Site are in explicit violation of these Terms of Use and may be subject to prosecution and applicable damages.

Jurisdictional Issues and Applicable Law

You acknowledge and agree that the laws of the State of New York without regard to conflict of law principles, and applicable federal law, will govern these Terms of Use, your use of the Site, and any dispute of any kind that might arise between you and Omnex or Omnex Systems in connection with the Site. Any action you, any third party, or Omnex or Omnex Systems brings arising out of or in any way connected to this Site and/or these Terms of Use shall be brought exclusively in either the state or federal courts located in New York County, New York, and you expressly consent to the jurisdiction of said courts.