Terms of Use of the Omny IQ Website
Updated May 15, 2018 - contact Omny IQ for any questions
Welcome to Omny IQ! Thank you for visiting and using our site.
These Terms and Conditions of Use (the "Terms of Use") contain the legal terms and conditions that apply to your use of and access to the Omny IQ (“Omny IQ”, “we”, “our” or “us”) web site located at www.omnyiq.com, and all associated sites linked to www.omnyiq.com by Omny IQ®, its subsidiaries and affiliates, including Omny IQ sites around the world (collectively, the "Site"). The Site is the property of Omny IQ, Inc. ("Omny IQ") and its licensors. Please review these Terms of Use carefully before using the Site.
If you have entered into a separate paid Enterprise agreement with us for specific services, then the terms of that agreement controls if it conflicts with these Terms of Use.
Omny IQ reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. Please check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Omny IQ grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
CONTENT
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, software, documentation and forums and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Omny IQ and its licensors, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Omny IQ’s express prior written consent.
You may use information on Omny IQ products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Omny IQ for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
YOUR USE OF THIS SITE
Please do not misuse our Site. For example, don’t interfere with our Site or try to access them using a method other than the interface and the instructions that we provide. You may use our Site only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Site to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Site does not give you ownership of any intellectual property rights in our Site or the content you access. You may not use content from our Site unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Site. Please do not remove, obscure, or alter any legal notices displayed in or along with our Site.
Our Site displays some content that is not Omny IQ’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Site, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Our Site and some of our services are available on mobile devices. Please do not use our Site and such services in a way that distracts you and prevents you from obeying traffic or safety laws.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Omny IQ server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You may not use any "robot", "spider", "deep-link", "page-scrape", or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Omny IQ reserves the right to bar any such activity.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Omny IQ, including any Omny IQ account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Omny IQ’s systems or networks, or any systems or networks connected to the Site or to Omny IQ. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Omny IQ on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity, which infringes the rights of Omny IQ or others.
PURCHASES: OTHER TERMS AND CONDITIONS
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
Omny IQ’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Omny IQ may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Omny IQ makes no commitment to update the materials on the Site with respect to such products and services.
ACCOUNTS, PASSWORDS, AND SECURITY
Certain features or services offered on or through the Site may require you to open an account (including setting up an Omny IQ ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Omny IQ immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Omny IQ or any other user of or visitor to the Site due to someone else using your Omny IQ ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s Omny IQ ID, password or account at any time without the express permission and consent of the holder of that Omny IQ ID, password or account. Omny IQ cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
PRIVACY
Omny IQ’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Omny IQ’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
LINKS TO OTHER SITES AND TO OMNY IQ SITES
This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Omny IQ’s control, and Omny IQ is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
DISCLAIMERS
OMNY IQ DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. OMNY IQ CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. OMNY IQ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OMNY IQ DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY OMNY IQ SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST OMNY IQ FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Omny IQ reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
LIMITATION OF LIABILITY
Except where prohibited by law, in no event will Omny IQ be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Omny IQ has been advised of the possibility of such damages.
INDEMNITYYou agree to indemnify and hold Omny IQ, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Omny IQ by any third party due to or arising out of or in connection with your use of the Site.
VIOLATION OF THESE TERMS OF USE
Omny IQ may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Omny IQ’s rights or property, or the rights or property of visitors to or users of the Site, including Omny IQ’s customers. Omny IQ reserves the right at all times to disclose any information that Omny IQ deems necessary to comply with any applicable law, regulation, legal process or governmental request. Omny IQ also may disclose your information when Omny IQ determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Omny IQ may preserve any transmittal or communication by you with Omny IQ through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Omny IQ determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Omny IQ, its employees, users of or visitors to the Site, and the public.
You agree that Omny IQ may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Omny IQ, for which monetary damages would be inadequate, and you consent to Omny IQ obtaining any injunctive or equitable relief that Omny IQ deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Omny IQ may have at law or in equity.
You agree that Omny IQ may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If Omny IQ does take any legal action against you as a result of your violation of these Terms of Use, Omny IQ will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Omny IQ. You agree that Omny IQ will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
GOVERNING LAW AND DISPUTES
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Santa Clara County, California, and waive any objection to such jurisdiction or venue. In the event of any controversy or dispute between Omny IQ and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
VOID WHERE PROHIBITED
Omny IQ administers and operates the www.omnyiq.com Site from various locations in and outside of the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or businesses, or in all geographic locations, or appropriate or available for use outside the United States. Omny IQ reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person, business or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
ABOUT THESE TERMS OF USE AND INFORMATION
We may modify these terms or any additional terms that apply to our Site or services to, for example, reflect changes to the law or changes to our Site or services. We’ll post notice of modifications to these terms on this page. Please check these Terms of Use periodically for changes.
The information contained here is subject to change without notice.
Copyright © 2015-2018 Omny IQ Inc. All rights reserved.
Omny IQ, Inc., Saratoga, CA 95070, USA.
These Terms and Conditions of Use (the "Terms of Use") contain the legal terms and conditions that apply to your use of and access to the Omny IQ (“Omny IQ”, “we”, “our” or “us”) web site located at www.omnyiq.com, and all associated sites linked to www.omnyiq.com by Omny IQ®, its subsidiaries and affiliates, including Omny IQ sites around the world (collectively, the "Site"). The Site is the property of Omny IQ, Inc. ("Omny IQ") and its licensors. Please review these Terms of Use carefully before using the Site.
If you have entered into a separate paid Enterprise agreement with us for specific services, then the terms of that agreement controls if it conflicts with these Terms of Use.
Omny IQ reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. Please check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Omny IQ grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
CONTENT
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, software, documentation and forums and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Omny IQ and its licensors, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Omny IQ’s express prior written consent.
You may use information on Omny IQ products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Omny IQ for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
YOUR USE OF THIS SITE
Please do not misuse our Site. For example, don’t interfere with our Site or try to access them using a method other than the interface and the instructions that we provide. You may use our Site only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Site to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Site does not give you ownership of any intellectual property rights in our Site or the content you access. You may not use content from our Site unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Site. Please do not remove, obscure, or alter any legal notices displayed in or along with our Site.
Our Site displays some content that is not Omny IQ’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Site, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Our Site and some of our services are available on mobile devices. Please do not use our Site and such services in a way that distracts you and prevents you from obeying traffic or safety laws.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Omny IQ server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You may not use any "robot", "spider", "deep-link", "page-scrape", or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Omny IQ reserves the right to bar any such activity.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Omny IQ, including any Omny IQ account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Omny IQ’s systems or networks, or any systems or networks connected to the Site or to Omny IQ. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Omny IQ on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity, which infringes the rights of Omny IQ or others.
PURCHASES: OTHER TERMS AND CONDITIONS
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
Omny IQ’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Omny IQ may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Omny IQ makes no commitment to update the materials on the Site with respect to such products and services.
ACCOUNTS, PASSWORDS, AND SECURITY
Certain features or services offered on or through the Site may require you to open an account (including setting up an Omny IQ ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Omny IQ immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Omny IQ or any other user of or visitor to the Site due to someone else using your Omny IQ ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s Omny IQ ID, password or account at any time without the express permission and consent of the holder of that Omny IQ ID, password or account. Omny IQ cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
PRIVACY
Omny IQ’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Omny IQ’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
LINKS TO OTHER SITES AND TO OMNY IQ SITES
This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Omny IQ’s control, and Omny IQ is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
DISCLAIMERS
OMNY IQ DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. OMNY IQ CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. OMNY IQ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OMNY IQ DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY OMNY IQ SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST OMNY IQ FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Omny IQ reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
LIMITATION OF LIABILITY
Except where prohibited by law, in no event will Omny IQ be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Omny IQ has been advised of the possibility of such damages.
INDEMNITYYou agree to indemnify and hold Omny IQ, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Omny IQ by any third party due to or arising out of or in connection with your use of the Site.
VIOLATION OF THESE TERMS OF USE
Omny IQ may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Omny IQ’s rights or property, or the rights or property of visitors to or users of the Site, including Omny IQ’s customers. Omny IQ reserves the right at all times to disclose any information that Omny IQ deems necessary to comply with any applicable law, regulation, legal process or governmental request. Omny IQ also may disclose your information when Omny IQ determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Omny IQ may preserve any transmittal or communication by you with Omny IQ through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Omny IQ determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Omny IQ, its employees, users of or visitors to the Site, and the public.
You agree that Omny IQ may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Omny IQ, for which monetary damages would be inadequate, and you consent to Omny IQ obtaining any injunctive or equitable relief that Omny IQ deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Omny IQ may have at law or in equity.
You agree that Omny IQ may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If Omny IQ does take any legal action against you as a result of your violation of these Terms of Use, Omny IQ will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Omny IQ. You agree that Omny IQ will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
GOVERNING LAW AND DISPUTES
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Santa Clara County, California, and waive any objection to such jurisdiction or venue. In the event of any controversy or dispute between Omny IQ and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
VOID WHERE PROHIBITED
Omny IQ administers and operates the www.omnyiq.com Site from various locations in and outside of the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or businesses, or in all geographic locations, or appropriate or available for use outside the United States. Omny IQ reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person, business or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
ABOUT THESE TERMS OF USE AND INFORMATION
We may modify these terms or any additional terms that apply to our Site or services to, for example, reflect changes to the law or changes to our Site or services. We’ll post notice of modifications to these terms on this page. Please check these Terms of Use periodically for changes.
The information contained here is subject to change without notice.
Copyright © 2015-2018 Omny IQ Inc. All rights reserved.
Omny IQ, Inc., Saratoga, CA 95070, USA.
