Last Updated: May 4, 2017
LIMITATIONS OF SERVICES
You acknowledge that Omega Metrics may establish limits concerning use of the Services, including the maximum number of days that content will be retained by the Services, the maximum volume of User Data (as defined below) or other content that may be transmitted or stored by the Services, the frequency with which you may access the Services and the locations where the Services are available. You agree that Omega Metrics has no responsibility or liability for the deletion of or failure to store any User Data or other content maintained or transmitted by the Services.
ACCOUNT REGISTRATION AND FEES
In order to gain access to certain features of the Site, you must register and create an account with Omega Metrics on the Site (“Account”). You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Omega Metrics reserves the right to suspend or terminate your Account at any time, including if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party other than within your company and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Omega Metrics of any unauthorized use of your Account. An administrator of an Account may authorize an unlimited number of authorized users per Account; provided, however, that an administrator will add authorized users by providing such user’s username, e-mail address and password to Omega Metrics. The user who created the account as an administrator will administer the use of an Account by such authorized users.
Omega Metrics offers free plans for all accounts.
By registering you agree that Omega Metrics may identify you as a Omega Metrics customer on Omega Metrics websites, client lists, press releases, and/or other marketing. You also agree that Omega Metrics may publish a brief description highlighting your use of our Services.
You may only access and use the Services solely for your internal business purposes. You will not: (i) sell, resell, rent or lease the Services; (ii) reverse engineer the Services; (iii) attempt to modify the Services; or (iv) use the Services to store any User Data (as defined below) or any information that is unlawful. You may not access or use (or permit a third party to access or use) the Services for purposes of monitoring the availability, performance or functionality of the Services or for any other benchmarking or competitive purposes. You will not interfere with or disrupt the Services or attempt to gain access to any related systems or networks to which access is restricted.
All trademarks, service marks, logos, trade names and any other proprietary designations of Omega Metrics used herein are trademarks or registered trademarks of Omega Metrics. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
LICENSES GRANTED BY YOU TO Omega Metrics
By making any User Data available through Services you hereby grant to Omega Metrics a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify (for formatting purposes only), distribute, publicly display and distribute your User Data for the purposes of providing the Services to you. You also grant to Omega Metrics the right to use such User Data to improve our Services and the Site.
You are solely responsible for all your User Data. You represent and warrant that you own all your User Data or you have all rights that are necessary to grant us the license rights in your User Data under these Terms. You also represent and warrant that neither your User Data, nor your use and provision of your User Data, nor any use of your User Data by Omega Metrics on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
LICENSES GRANTED BY Omega Metrics TO YOU
You agree not to do any of the following in connection with using the Services:
- Post, upload, publish, submit or transmit any Data that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
- Use, display, mirror, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, Omega Metrics name, any Omega Metrics trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without Omega Metrics’s express written consent
- Access, tamper with, or use non-public areas of the Site, Omega Metrics’s computer systems, or the technical delivery systems of Omega Metrics providers;
- Attempt to probe, scan, or test the vulnerability of any Omega Metrics system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Omega Metrics or any of Omega Metrics’s providers or any other third party (including another user) to protect the Services;
- Attempt to access, search or download the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than tools that access or search the Services through the API, software and/or search agents provided by Omega Metrics or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, Opera or Chrome);
- Send any unsolicited or unauthorized advertising, promotional materials, e-mail, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Omega Metrics trademark, logo URL or product name without Omega Metrics’s express written consent;
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express prior permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation;
- Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
- “Stalk” or otherwise harass anyone;
- Collect personal data about other users for commercial or unlawful purposes; or
- Post non-local or otherwise irrelevant content or repeatedly post the same or similar content.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
Omega Metrics respects copyright law and expects you to do the same. It is Omega Metrics’s policy to terminate in appropriate circumstances Users who repeatedly infringe the rights of copyright holders.
USER-TO-USER FORUMS /THIRD PARTY SITES / LINKS
The Site and Data available through the Services may contain features and functionalities that may link you to or provide you with access to third party content which is completely independent of Omega Metrics, including web sites, user-to-user forums, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Services (including, but not limited to user-to-user forums found on the Site or third party sites), including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You acknowledge sole responsibility for and assume all risk arising from your use of any third party website or resources.
In certain instances, some of your User Data (such as posts or comments you make) may not be completely removed and copies of your User Data may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Data.
Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, sections hereof entitled “Ownership”, “Warranty Disclaimers”, “Indemnification”, “Limitation of Liability” and “Dispute Resolutions”.
YOU AGREE THAT USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Omega Metrics DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Omega Metrics SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE Omega Metrics SITE.
Omega Metrics warrants to you that the Services will provide the functionality specified in its then-current technical documentation for the Services, which documentation is available on the Site. In the event that the Services fail to conform to the foregoing warranty, as your sole and exclusive remedy and Omega Metrics’s sole and exclusive liability for any breach of such warranty, we will modify the Services to correct the non-conformity. Omega Metrics DISCLAIMS ANY WARRANTY THAT THE SERVICES WILL BE ERROR FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Omega Metrics OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. FOR EXAMPLE, USERS MAY PARTICIPATE IN A USER-TO-USER FORUM. YOU UNDERSTAND THAT Omega Metrics DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES, NOR DOES Omega Metrics MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. Omega Metrics MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. You should not provide your financial information (for example, your credit card or bank account information) to other Users.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER Omega Metrics NOR ANY OTHER person or entity involved in creating, producing, or delivering the Services will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES arising out of or in connection with thESE TERMS or from the use OF or inability to use the Service, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF the SITE, SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not Omega Metrics has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PUrPOSE.
Additionally, except where prohibited by law, as a condition of using the Services, you agree that any and all disputes and causes of action arising out of or connected to our Services shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
INTEGRATION AND SEVERABILITY
ASSIGNMENT OF TERMS
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by e-mailing us via the Site. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicenseable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback, whether provided directly to Omega Metrics or via our user-to-user forum, for any purpose.
HEADINGS FOR CONVENIENCE ONLY
Headings are for convenience only and have no legal or contractual effect.