As used in this Agreement, the words “you” and “your” refer to any person accessing the Omniangle Site.
The Site is available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use the Site.
Omniangle hereby grants you a limited, personal, revocable, non-exclusive license to access and use the Site subject to and in accordance with the terms of this Agreement. All activity on the Site will be monitored by Omniangle. Any violation of the terms or conditions of this Agreement is grounds for immediate termination of this limited license.
Omniangle makes reasonable efforts to ensure that the Site is available at all times. Omniangle does not guarantee, represent or warrant that access to the Site will be uninterrupted or error-free, nor does Omniangle guarantee that users will be able to access or use any or all of the Site features at all times. Further, Omniangle reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Site or any part thereof, without notice to you. Omniangle may also impose limits on the use of or access to certain features of the Site, or restrict your access to any part or all of the Site, in all cases without notice or liability. You agree that Omniangle shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or of any materials contained therein.
Omniangle is under no obligation to maintain the Site or any information, content, submissions, materials, or other matters that you submit, post or make available to the Site, or are otherwise available on the Site. Omniangle reserves the right to withhold, remove and/or discard any such material on the Site available or placed by you thereon, with or without notice at any time. Furthermore, Omniangle does not warrant that information, graphic depictions, service descriptions, third party information, or other content of the Site is accurate, complete, reliable, updated, current, or error-free.
You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Site and/or any materials located within the Site. In addition, your use of the Site is conditioned on your compliance with the following rules of conduct as well as all other terms of the Agreement.
You agree not to use the Site for any unlawful or fraudulent purpose. You also may not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site or the materials therein. Further, you may not interfere with or disrupt the operation of the Site or the materials therein, including restricting or inhibiting any other person from using any portion of the Site or the materials therein by means of hacking, defacing, or any similar unauthorized action. You are also proscribed from selling, reselling, transferring, licensing or exploiting for any commercial purposes any use of the Site or the materials therein.
We reserve the right to take, or refrain from taking, any and all steps available to us, including suspending or terminating your access to the Site or seeking other legal or equitable remedies, once we become aware of any violation to these provisions.
The Site may contain links to other websites not operated by Omniangle. The links are provided for your convenience. Omniangle does not operate, control, or endorse any information, products, or services on the sites or accessible through the sites in any way. Omniangle is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their websites. Omniangle does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. Access to any other websites linked to the Site is at your own risk. When leaving the Site, you should carefully review the applicable terms and policies of that third-party website.
The trademarks, service marks, logos and any designs (registered and unregistered), used or displayed on the Site specific to Omniangle (“Marks”), are owned by Omniangle. Any use of these Marks, including the reproduction, modification, distribution or republication of same without the prior express written permission of Omniangle is strictly prohibited. The Site and its downloadable contents are protected by the copyright laws of the United States and other jurisdictions. You may not copy or modify any part of the Site for any purpose without the express written consent of Omniangle. Inclusion of any part of the Site in another work, whether in printed, electronic or other form, or inclusion of any part of the Site in another Site by linking, framing, in-line linking, or otherwise, is strictly prohibited without obtaining Omniangle’s prior express written authorization.
The Site may also contain samples of Omniangle’s programs for informational purposes. These programs cannot be used for any commercial purpose without Omniangle’s express written consent. Moreover, certain technology and programs may be subject to intellectual property rights, and any unauthorized use is strictly prohibited. To the extent that you may access or download any software that is made available through Omniangle from the Site (“Software”), such Software is the copyrighted work of Omniangle and may be subject to other intellectual property rights.
THIS AGREEMENT IS MADE IN, AND SHALL BE GOVERNED BY, THE LAWS OF THE STATE OF FLORIDA. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY ACTION, CLAIM, OR DISPUTE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE BROUGHT IN THE STATE OR FEDERAL COURTS OF BROWARD COUNTY, FLORIDA EXCLUSIVELY. YOU IRREVOCABLY SUBMIT AND CONSENT TO THE EXERCISE OF SUBJECT MATTER JURISDICTION AND PERSONAL JURISDICTION OVER YOU BY THE STATE COURTS IN FLORIDA. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL OBJECTIONS WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE EXERCISE OF PERSONAL AND SUBJECT MATTER JURISDICTION BY THE STATE COURTS IN FLORIDA AND TO THE VENUE OF ANY SUCH SUIT, ACTION, OR PROCEEDING BROUGHT IN ANY STATE COURT IN BROWARD COUNTY, FLORIDA.
Omniangle may investigate any reported, alleged or suspected violation of this Agreement, and take any action that Omniangle, in its sole discretion, deems appropriate. Such action may include issuing warnings, suspension of a user’s access to the Site, or complete termination of such access, at any time.
You expressly understand and agree that:
USE OF OUR SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, ANY SITE-RELATED SERVICE OR SOFTWARE THAT IS PROVIDED TO YOU, IS AT YOUR SOLE RISK. OUR SITE, INCLUDING ANY CONTENT, SOFTWARE OR INFORMATION CONTAINED WITH THE SITE AND ANY SITERELATED SERVICE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OMNIANGLE AND ITS CO-BRANDERS, LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OMNIANGLE OR THROUGH OR FROM OUR SITE SHALL CREATE ANY WARRANTY. ADVICE OR INFORMATION RECEIVED BY MEANS OF OUR SITE SHOULD NOT BE RELIED UPON FOR SIGNIFICANT PERSONAL, BUSINESS, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR SITUATION.
IN NO EVENT SHALL OMNIANGLE, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITE, OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITE; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; OR (iv) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF OMNIANGLE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.