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 325 E. Eisenhower Parkway, Suite 4, 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.
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