Agreement between user and Omnicor
Omnicor Web Site is comprised of various Web pages operated by Omnicor.
Omnicor Web Site is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use of
the Omnicor Web Site constitutes your agreement to all such terms, conditions,
and notices.
MODIFICATION OF THESE
TERMS OF USE
Omnicor reserves the right to
change the terms, conditions, and notices under which the Omnicor Web Site is
offered, including but not limited to the charges associated with the use of the
Omnicor Web Site.
LINKS TO THIRD PARTY
SITES
The Omnicor Web Site may contain
links to other Web Sites ("Linked Sites"). The Linked Sites are not under the
control of Omnicor and Omnicor is not responsible for the contents of any Linked
Site, including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. Omnicor is not responsible for webcasting
or any other form of transmission received from any Linked Site. Omnicor is
providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by Omnicor of the site or any association with
its operators.
NO UNLAWFUL OR PROHIBITED
USE
As a condition of your use of the
Omnicor Web Site, you warrant to Omnicor that you will not use the Omnicor Web
Site for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the Omnicor Web Site in any manner which could
damage, disable, overburden, or impair the Omnicor Web Site or interfere with
any other party's use and enjoyment of the Omnicor Web Site. You may not obtain
or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Omnicor Web Sites.
USE OF COMMUNICATION
SERVICES
The Omnicor Web Site may contain
bulletin board services, chat areas, news groups, forums, communities, personal
web pages, calendars, and/or other message or communication facilities designed
to enable you to communicate with the public at large or with a group
(collectively, "Communication Services"), you agree to use the Communication
Services only to post, send and receive messages and material that are proper
and related to the particular Communication Service. By way of example, and not
as a limitation, you agree that when using a Communication Service, you will
not:
§ Defame, abuse, harass, stalk,
threaten or otherwise violate the legal rights (such as rights of privacy and
publicity) of others.
§ Publish, post, upload, distribute or
disseminate any inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful topic, name, material or information.
§ Upload files that contain software or
other material protected by intellectual property laws (or by rights of privacy
of publicity) unless you own or control the rights thereto or have received all
necessary consents.
§ Upload files that contain viruses,
corrupted files, or any other similar software or programs that may damage the
operation of another's computer.
§ Advertise or offer to sell or buy any
goods or services for any business purpose, unless such Communication Service
specifically allows such messages.
§ Conduct or forward surveys, contests,
pyramid schemes or chain letters.
§ Download any file posted by another
user of a Communication Service that you know, or reasonably should know, cannot
be legally distributed in such manner.
§ Falsify or delete any author
attributions, legal or other proper notices or proprietary designations or
labels of the origin or source of software or other material contained in a file
that is uploaded.
§ Restrict or inhibit any other user
from using and enjoying the Communication Services.
§ Violate any code of conduct or other
guidelines which may be applicable for any particular Communication Service.
§ Harvest or otherwise collect
information about others, including e-mail addresses, without their consent.
§ Violate any applicable laws or
regulations.
Omnicor has no
obligation to monitor the Communication Services. However, Omnicor reserves the
right to review materials posted to a Communication Service and to remove any
materials in its sole discretion. Omnicor reserves the right to terminate your
access to any or all of the Communication Services at any time without notice
for any reason whatsoever.
Omnicor reserves the right at all times to disclose any information as necessary
to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials,
in whole or in part, in Omnicor’s sole
discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Omnicor does not control
or endorse the content, messages or information found in any Communication
Service and, therefore, Omnicor specifically disclaims any liability with regard
to the Communication Services and any actions resulting from your participation
in any Communication Service. Managers and hosts are not authorized Omnicor
spokespersons, and their views do not necessarily reflect those of Omnicor.
Materials uploaded to a
Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such
limitations if you download the materials.
MATERIALS PROVIDED TO
Omnicor WEB SITE
Omnicor does not claim ownership of
the materials you provide to Omnicor (including feedback and suggestions)
or post, upload, input or submit to any Omnicor Web Site or its associated
services (collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting Omnicor ,
its affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat your
Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. Omnicor is under no obligation to post or use
any Submission you may provide and may remove any Submission at any time in
Omnicor’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Omnicor WEB SITE MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLYADDED TO
THE INFORMATION HEREIN. Omnicor AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE Omnicor WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE
Omnicor WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR
FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR
SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Omnicor AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Omnicor WEB
SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Omnicor AND/OR ITS SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Omnicor AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Omnicor - Vacuum
Interrupter - Vacuum Capacitor - Gigabit Ethernet Testing WEB SITE, WITH THE
DELAY OR INABILITY TO USE THE Omnicor WEB SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Omnicor WEB SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE Omnicor WEB SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Omnicor OR
ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Omnicor WEB SITE, OR WITH
ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE Omnicor WEB SITE. SERVICE CONTACT : techsupport@omnicor.com
TERMINATION/ACCESS
RESTRICTION
Omnicor reserves the right, in its
sole discretion, to terminate your access to the Omnicor Web Site and the
related services or any portion thereof at any time, without notice. GENERAL To
the maximum extent permitted by law, this agreement is governed by the laws of
the State of California, U.S.A. and you hereby
consent to the exclusive jurisdiction and venue of courts in San Mateo, County,California, U.S.A. in all disputes arising out of
or relating to the use of the Omnicor. Use of the Omnicor Web Site is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms and conditions,
including without limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and Omnicor
as a result of this agreement or use of the Omnicor Web Site.
Omnicor’s performance of this agreement is
subject to existing laws and legal process, and nothing contained in this
agreement is in derogation of Omnicor’s right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the Omnicor Web Site or
information provided to or gathered by Omnicor with respect to such use. If any
part of this agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the
agreement shall continue in effect. Unless otherwise specified herein, this
agreement constitutes the entire agreement between the user and Omnicor respect
to the Omnicor Web Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the
user and Omnicor with respect to the Omnicor Web Site. A printed version of this
agreement and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to this agreement
to the same extent an d subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is
the express wish to the parties that this agreement and all related documents be
drawn up in English.
COPYRIGHT AND TRADEMARK
NOTICES:
All contents of the Omnicor Web
Site are: Copyright 2010 by Omnicor
and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and
products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States
Code, Section 512(c)(2), notifications of claimed copyright infringement under
United States copyright law should be sent to Service Provider's Designated
Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO
RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.