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TERMS OF USE

This Terms of Use Statement applies only to the website at www.omegalegal.com. This website is owned and operated by Omega Legal Systems, Inc. (Omega) and should not be confused with any other website whether or not the words "omega" and/or "legal" appear as part of the domain name or branding. You are advised to check each page you visit on or from this website to determine whether you have moved onto a third party website.

1. Effect of this Agreement
These terms and conditions are an agreement between you and Omega and are intended to have the same legal effect as if it had been signed by the parties. These terms represent the entire understanding relating to the use of this website and supersede any prior or contemporaneous, conflicting, or additional communications. Any rights not expressly granted herein are reserved by Omega. Your use of this website implies your agreement to these terms and conditions.

2. Website Security
You are prohibited from violating, or attempting to violate, the security of this website. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the website include without limitation:

logging into or attempting to log into a server or account that you are not authorized to access; accessing data or taking any action to obtain data, information or services not intended for you or your use; attempting to probe, scan or test the vulnerability of any system or network; tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures; transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or other computer programming routines or engines or engage in conduct that could damage, disrupt or otherwise impair or interfere with a computer's functionality or the operation of the website; interfering with service to any user, host or network including, without limitation by means of overburdening or "flooding," any computer system.

3. Other Prohibited Activity
In using this website, you must not:
post, send or otherwise transmit to or through the website any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of or in breach of another person's privacy or other rights or any material that Omega Legal in its sole discretion does not wish posted or transmitted on the website; defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; upload or otherwise make available, files that contain images, software or other material protected by intellectual property laws, including without limitation copyright or trademark laws and rights of publicity and privacy unless you own or control the rights thereto or have received all necessary authorizations to do the same; misrepresent your identity or affiliation in any way; engage in deceptive online marketing; violate any applicable laws or regulations; assist or permit any persons in engaging in any of the activities described above.

Omega restricts access to or the availability of material that Omega subjectively considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. You agree not to attempt to hold Omega liable for the availability of any such material.

4. User Submissions
You must exercise caution, good sense and sound judgment in using this website. You are responsible for any material you place on or transmit to or through the website. You agree, represent and warrant that any information you post to or transmit through the website is truthful, accurate, not misleading and offered in good faith, and that you have the right to post or transmit such information. Such information (including without limitation, data, text, software, graphics or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility.

5. Unsolicited Ideas
Omega does not accept or consider unsolicited ideas, including ideas for new promotions, products, technologies, or processes. You must not transmit any material to or through this website that you consider to be confidential or proprietary. Any material that you transmit to or through this website will be considered non-confidential and non-proprietary. This policy serves to avoid potential misunderstandings or disputes regarding ownership of ideas. Except as expressly by written agreement between you and Omega, you give Omega an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information. You further agree that Omega has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (and those who act on your behalf) transmit to or through this website.

6. Copyright
The material made available at this website is protected by copyright. Materials from this website may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner, except that you may download and produce printed copies for your personal, noncommercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Omega's copyright and other proprietary rights. Permission for all other uses of materials contained herein, including linking to any page at this website except the "home page" (www.omegalegal.com), must be obtained from Omega in advance. Requests for such authorization should be submitted via this page: Contact Omega. For purposes of this Agreement, the use of any such material on any other website or networked computer environment is prohibited. All design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to Omega.

In the event you download software from the website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Omega. Omega does not transfer title to the Software to you. You may own the medium on which the Software is recorded, but Omega retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, except to the extent permitted by applicable law and on giving Omega prior written notice of such activities.

You may contact our agent if you believe that a work protected by a US copyright which you own has been posted or stored on our site without authorization. It is our policy to terminate, in appropriate circumstances, the access rights of repeat infringers.

7. Trademarks
All trademarks, service marks, logos and trade names, whether registered or unregistered, are proprietary to Omega or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.

8. Links to Other Websites
As you view this website, you will notice links to other non-Omega websites. These links are for convenience only. Some of these linked websites may make use of Omega proprietary intellectual property rights (such as trademarks, service marks, logos and trade names) under license from Omega. Omega is not responsible for the availability or content of these websites or for any viruses or other damaging elements encountered in linking to a third party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by Omega of the organizations sponsoring the websites or their products or services.

9. Jurisdictional Issues
This website is controlled and operated by Omega from its offices within the State of Arizona, United States of America. Omega makes no representation that materials in the website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this website from jurisdictions where the contents of this website are illegal or penalized is prohibited. Software from this website is further subject to United States export controls. No information or software from this website may be downloaded or otherwise or re-exported (i) into or to a national or resident of any country to which the United States embargoes or sanctions goods, services or technology; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

10. Termination
This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from this website and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from Omega if in Omega's sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this website and all copies thereof, whether made under the terms of this agreement or otherwise. The provisions of this Terms of Use Statement concerning website security, prohibited activity, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, governing law and jurisdiction shall survive any termination of this agreement.

11. Disclaimer
THE MATERIALS IN THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OMEGA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Omega does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components. Omega does not make any representations or warranties regarding the use or the results of the use of the materials in this website in terms of their correctness, accuracy, reliability, or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

12. LIMITATION OF LIABILITY
IN ORDER TO PROVIDE YOU WITH THE SERVICES WE HAVE OFFERED, WE ARE UNABLE TO ACCEPT LIABILITY FOR ANY CONDUCT, ACTS OR OMISSIONS OCCURRING AT THIS WEBSITE OR ANY LOSSES YOU MAY INCUR. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, EVEN IF YOU CLAIM TO HAVE NOTIFIED US ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SO TO THAT EXTENT THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OMEGA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO OMEGA, IF ANY, FOR USING THIS WEBSITE.

13. Indemnity
You agree to indemnify, defend and hold Omega, its affiliates and any of its and their directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of this agreement; and/or (ii) your activities in connection with this website.

14. Governing Law, Jurisdiction, and Venue
This agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to any principles of conflicts of law. The state or federal courts of the State of Arizona, located in Maricopa County, shall have exclusive jurisdiction and venue over any disputes arising from, or related to, the use of this website.

15. Severability
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed separable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing.

16. Changes to Terms of Use Statement
Omega may revise this Terms of Use Statement at any time without notice. You should revisit this website periodically to make sure you are aware of the most recent terms, because they will be binding on you. Your use of the website after such changes constitutes your agreement to such changes.

17. Good Samaritan Law
It is our policy not to tolerate any acts of intellectual property infringement or violations of US law or to allow for any child pornography or obscene or defamatory material to be posted at this site. We will do our best, in good faith, to remove, disable or restrict access to or the availability of material that, in our subjective view is infringing, racist, obscene as to minors, child pornography, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. The provisions of this section are intended to implement this policy, but are not intended to impose a contractual obligation on us to undertake, or refrain from undertaking, any particular course of conduct.

If you believe that someone has posted material that violates this agreement, we ask you to promptly notify us by e-mail using this link. You must use this address if you want to ensure that your complaint is actually received by the appropriate person charged with investigating alleged policy violations.

In order to allow us to respond effectively, please provide us with as much detail as possible, including (1) the nature of the right infringed or violated; (2) all facts which lead you to believe that a right has been violated or infringed; (3) the precise location where the offending material is located; (4) any grounds to believe that the person who posted the material was not authorized to do so or did not have a valid defense; and, (5) if known, the identity of the person(s) who posted the infringing or offending material.

By taking advantage of these procedures you waive any and all claims or remedies which you might otherwise be able to assert against us under any theory of law that arise out of or relate in any way to the material at this site or our response, or failure to respond to complaint.

You agree that we have the right, but not the obligation, to investigate any complaint received. By reserving this right, we do not undertake any responsibility in fact to investigate complaints or to remove, disable or restrict access to or the availability of material. We will not act on complaints that we believe in our subjective judgment to be deficient. If you believe that material remains on this site that violates your rights, your sole remedy shall be against the person responsible for posting or storing it, not against us. If you have any questions or complaints regarding this Terms of Use Statement, please submit them through this page: Contact Omega.


 
     

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