Welcome to Omni-ID, Inc. (“Omni-ID”). Omni-ID provides services (the “Services”) available at our website (the “Site”) https://www.omni-id.com to you (“you” or “User”).
The following terms and conditions, along with any other policies or guidelines posted on this Site, govern your use of this Site and Services, whether directly or through a third-party site.
By using this Site, the Services, and any service, application, plug-in, component, functionality, or program created by Omni-ID, you are agreeing to the following terms and conditions. Please read them carefully before using this Site.
By visiting this Site and/or by completing the registration process for the Services, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms and conditions.
Omni-ID is available only to users 13 years of age or older.
If you are between the ages of 13 and 18, you must have a parent or official guardian help you complete your registration.
A. Modifications to this agreement
We reserve the right at our sole discretion to change, modify or otherwise alter these terms and conditions at any time.
You can find the most recent version of these terms and conditions at www.omni-id.com/terms-of-use.php, with the date of last modification noted above.
Such modifications shall become effective immediately upon the posting thereof.
Therefore, we encourage you to check the date of our terms and conditions whenever you visit this Site to understand if they have been updated.
You must review this agreement on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised terms and conditions, your sole recourse is to immediately stop all use of the Services. Your continued use of the Services following the posting of modifications will constitute your acceptance of the revised terms and conditions.
Should you have any questions regarding the use of our Site, please contact us at [email@example.com].
B. Your registration obligations
We provide the Services for your personal use. You may not use the Services to conduct business without a separate written contract with Omni-ID.
To obtain and use the Services, you may be required to register with Omni-ID by completing a registration form and designating a user ID and password.
When registering with Omni-ID you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You may not authorize any third party to access or use the Services on your behalf. You are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify Omni-ID of any unauthorized use of your user ID or password or any other breach of security.
Omni-ID cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.
C. Consent to electronic communications and solicitation
By registering with Omni-ID, you understand that we may send you communications or data from Omni-ID regarding the Services, including but not limited to (i) notices about your use of the Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding Omni-ID’s products and services, via email. We give you the opportunity to opt out of receiving email from us by following the opt-out instructions provided in the message.
D. User conduct/acceptable use policy
You may not use the Services in any way that violates applicable federal, state, or international law, or for any unlawful purpose. You may not use the Services to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of Omni-ID or others.
Without limitation, Omni-ID reserves the right to terminate your access to and use of the Site and Services if, in our view, your conduct fails to meet any of the following guidelines for User conduct.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Omni-ID. Omni-ID reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification. Any action or inaction in a particular instance shall not dictate or limit Omni-ID’s response to a future complaint.
You acknowledge and agree that Omni-ID shall not assume or have any liability for any action or inaction by Omni-ID with respect to any User Content. Users shall remain solely responsible for User Content, and any material or information transmitted to other Users for interaction with other Users.
E. Intellectual property rights and notices
All contents of the Omni-ID Site and Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”) are: Copyright © 2007-2020 Omni-ID, and/or the proprietary property of its suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via third party websites or other networked computer environments) without the express prior written consent of Omni-ID and/or it suppliers, affiliates, or licensors. All rights reserved.
Omni-ID, Omni-ID.com, and the Omni-ID logo are including without limitation, either trademarks, service marks or registered trademarks of Omni-ID, and may not be copied, imitated, or used, in whole or in part, without Omni-ID’s prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.
Omni-ID may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site that are part of the Services. Unless Omni-ID has granted licenses to Omni-ID intellectual property in these terms and conditions, the provision of such website pages does not entail any license to Omni-ID intellectual property. Any rights not expressly granted herein are reserved.
F. Third party content, sites and services
The Services may contain features and functionalities linking to or providing certain functionality and access to third party content, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the internet as a whole. Omni-ID may also provide some content as part of the Services. We are not responsible for any third party content you access with the Services, and you irrevocably waive any claim against Omni-ID with respect to such sites and third-party content. You should make whatever investigation you feel is necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Services, including the delivery of and/or payment for goods and services.
H. Omni-ID makes no warranties
Omni-ID intends the information contained on its Site and Services to be accurate and reliable; however, errors may sometimes occur. In addition, Omni-ID may make changes and improvements to the information provided herein at any time.
Omni-ID provides its site and services “as is”, “with all faults”, and “as available”, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. To the maximum extent permitted by applicable law, Omni-ID, its affiliates, resellers, distributors, service providers, and/or suppliers (each being an “Omni-ID party” and, collectively, the “Omni-ID parties”) make no representations, warranties or conditions, express or implied. The Omni-ID parties disclaim any and all warranties or conditions, express, statutory and implied, including without limitation (1) warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances, no liens and non-infringement, (2) warranties or conditions arising through course of dealing or usage of trade, and (3) warranties or conditions that access to or use of the websites will be uninterrupted or error-free. Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you. There are no warranties that extend beyond the face of this contract.
I. Limitations of liability
In no event will any Omni-ID party be liable for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from this contract or your use of the software or service, even if such Omni-ID party has been advised of the possibility of such damages. The exclusion of damages under Section K is independent of your exclusive remedy and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) negligence, or (4) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above limitations may not apply to you. If you are dissatisfied with the service, you do not agree with any part of this contract, or you have any other dispute or claim with or against any Omni-ID party with respect to this contract or the service, then your sole and exclusive remedy is to stop using the service.
J. Changes to the service – additional liability limitation
We may change the software and service or delete features at any time and for any reason. Without limiting the general nature of Sections H and I, the Omni-ID parties are not responsible or liable for (1) any content, including without limitation, any infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, tortious, or illegal content, or (2) any third party conduct, transmissions or data. In addition, without limiting the generality of Sections H and I, Omni-ID is not responsible or liable for (1) any viruses or other disabling features that affect your access to or use of the software and services, (2) any incompatibility between the software and services and other websites, services, software and hardware, (3) any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the software and services in an accurate or timely manner, or (4) any damages or costs of any type arising out of or in any way connected with your use of any software and services available from third parties through links. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above exclusions and limitations may not apply to you.
You agree to indemnify, defend and hold harmless Omni-ID, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you. Omni-ID reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Omni-ID in asserting any available defenses.
L. Termination of service
We may terminate or suspend your access to the Services at any time, in our sole discretion, without cause and/or without notice. On termination, your right to use the Services stops immediately. Once the services are cancelled or suspended, any data you have stored on Omni-ID’s systems may not be retrieved later.
M. Choice of law and location for resolving disputes
N. European users
By using the Omni-ID Services, Users in the European Union understand and consent to the processing of personal information in the United States.
O. Notices to Omni-ID
You may notify us by email at [firstname.lastname@example.org].
P. Other terms
If any part of these terms and conditions are 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. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
Omni-ID may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void.
Any claim related to this contract or the software and service must be brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns.
The failure of Omni-ID to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.