AGREEMENT BETWEEN USER AND OMEGA MOULDING
The Omega Moulding WebSite is comprised of various Web pages operated by Omega Moulding.
The Omega Moulding WebSite is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Omega Moulding WebSite constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Omega Moulding reserves the right to change the terms, conditions, and notices under which the Omega Moulding WebSite is offered, including but not limited to the charges associated with the use of the Omega Moulding WebSite.
LINKS TO THIRD PARTY SITES
The Omega Moulding WebSite may contain links to other WebSites ("Linked Sites"). The Linked Sites are not under the control of Omega Moulding and Omega Moulding 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. Omega Moulding is not responsible for webcasting or any other form of transmission received from any Linked Site. Omega Moulding is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Omega Moulding of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Omega Moulding WebSite, you warrant to Omega Moulding that you will not use the Omega Moulding WebSite for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Omega Moulding WebSite in any manner which could damage, disable, overburden, or impair the Omega Moulding WebSite or interfere with any other party's use and enjoyment of the Omega Moulding WebSite. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Omega Moulding WebSites.
USE OF COMMUNICATION SERVICES
The Omega Moulding WebSite 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:
Omega Moulding has no obligation to monitor the Communication Services. However, Omega Moulding reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Omega Moulding reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsever.
Omega Moulding 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 Omega Moulding's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Omega Moulding does not control or endorse the content, messages or information found in any Communication Service and, therefore, Omega Moulding 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 Omega Moulding spokespersons, and their views do not necessarily reflect those of Omega Moulding.
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.
ERRORS AND INACCURACIES
Omega Moulding makes a conscientious effort to describe and display its products and services accurately on the Omega Moulding WebSite. Despite these efforts, a small number of items on the site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. Omega Moulding reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience.
Omega Moulding strives to display as accurately as possible the colors of the products shown on the site however, Omega Moulding cannot and does not guarantee that your monitor’s display of any color will be accurate.
MATERIALS PROVIDED TO OMEGA MOULDING OR POSTED AT ANY OMEGA MOULDING WEBSITE
Omega Moulding does not claim ownership of the materials you provide to Omega Moulding (including feedback and suggestions) or post, upload, input or submit to any Omega Moulding WebSite or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Omega Moulding, 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. Omega Moulding is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Omega Moulding'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 Omega Moulding website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Omega Moulding and/or its suppliers may make improvements and/or changes in the omega moulding website at any time. Advice received via the Omega Moulding website 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.
Omega Moulding 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 omega moulding website 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. Omega Moulding 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 noninfringement.
To the maximum extent permitted by applicable law, in no event shall omega moulding and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsever 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 Omega Moulding website, with the delay or inability to use the omega moulding website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Omega Moulding website, or otherwise arising out of the use of the Omega Moulding website, whether based on contract, tort, negligence, strict liability or otherwise, even if omega moulding 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 omega moulding website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Omega Moulding website.
INDEMNIFICATION
By using the Omega Moulding WebSite, you agree to indemnify, hold harmless, and defend Omega Moulding and its officers, directors, members, managers, employees, agents, affiliates, suppliers, licensors, successors, and assigns from and against any and all claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, reasonable attorneys fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Omega Moulding WebSite in violation of these Terms.
LIMITATION OF LIABILITY
You expressly agree that your use of the Omega Moulding website is at your sole risk. Under no circumstances shall Omega Moulding, its officers, directors, members, managers, employees, agents, licensors, or its suppliers of data, software, or other services (the “Omega Moulding suppliers”), be liable to you or to any other person for any direct, incidental, special, punitive, exemplary, indirect or consequential damages (including, but not limited to, loss of profits or revenues, lost data or information, loss of use of our site, business interruption, loss of business reputation or goodwill, costs of substitute services, or downtime costs) that result from the use of, or the inability to use, the Omega Moulding website or the information contained on the Omega Moulding website, including, without limitation, the Omega Moulding content, even if Omega Moulding has been advised of the possibility of such damages.
It is your responsibility to ascertain whether any information downloaded from the Omega Moulding website is free of viruses, worms, trojan horses, or other items of a potentially destructive nature.
TERMINATION/ACCESS RESTRICTION
Omega Moulding reserves the right, in its sole discretion, to terminate your access to the Omega Moulding WebSite 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 New York, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Suffolk County, NY, U.S.A. in all disputes arising out of or relating to the use of the Omega Moulding WebSite. Use of the Omega Moulding WebSite 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 Omega Moulding as a result of this agreement or use of the Omega Moulding WebSite. Omega Moulding's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Omega Moulding's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Omega Moulding WebSite or information provided to or gathered by Omega Moulding 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 Omega Moulding with respect to the Omega Moulding WebSite and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Omega Moulding with respect to the Omega Moulding WebSite. 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 Omega Moulding WebSite are: Copyright 2008 by Omega Moulding 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.
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.
