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Website Terms of Use

 

Below is a description of the Omnipearls website terms of use. Your use of this Site indicates your agreement to be bound by these Terms and Conditions as in effect from time to time. If you do not agree to be bound by the Terms and Conditions, promptly exit this Site. If you have any questions or concerns about these terms of use as they apply to the Omnipearl website, please do not hesitate to contact us.

 

Introduction

 

The terms and conditions of use of this Site are governed solely by Omnipearl.  This page sets out the terms and conditions (Terms and Conditions) which will govern your use of the Site and compliance with these rules is a condition to your use of the Site. We reserve the right to modify these Terms and Conditions. Accordingly, please review this page often. Omnipearl will give notice of changes to the Terms and Conditions by posting the revised Terms and Conditions on this Site, together with the date the Terms and Conditions were last updated. Modifications will be effective immediately upon posting.

 

Ownership and Copyright

 

All pages within this Site and any material made available for download are the property of Omnipearl, its subsidiaries, affiliates, vendor and/or licensors. The Site is protected by United States and international copyright and trademark laws. The contents of the Site, including without limitation the text, images, audio, and video, and any materials accessed through or made available for use or download through this site are copyrighted and may not be copied, distributed, modified, reproduced, published or used, in whole or in part, without the prior written consent of Omnipearl , except that you may download content from the Site to any single computer for your personal use only, provided you keep intact all copyright, trademark, and other proprietary notices and comply with any applicable end user license agreements. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

 

For purposes of these Terms and Conditions, any use of these materials on any other Website is prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. All software used on this Site is the property of Omnipearl or its software suppliers and protected by United States and international copyright laws.

 

User Information

 

By using this Site, (1) you represent and agree that you are bound by these Terms and Conditions; and (2) you have read Omnipearl s Privacy Policy and consent to the use of your personal information by Omnipearl and others in accordance with the terms of and for the purposes set forth in Omnipearl s Privacy Policy.

 

License| Restrictions on Use

 

Omnipearl hereby grant you a nonexclusive license to use the Site solely for your personal use. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or any prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or other data gathering and extraction tools. You may not frame or utilize framing techniques to use, surround or enclose any Omnipearl s name, trademarks, service marks, logo, or other proprietary information (including; images, text, page layout, or form) of Omnipearl and/or our affiliates or subsidiaries without Omnipearl s express written consent. You may not use any meta tags or any other "hidden text" utilizing Omnipearls name or trademarks without the express written consent of Omnipearl.

 

As a condition of your use of this Website, you warrant to Omnipearl that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. If you breach any of these Terms and Conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials. Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by Omnipearl.

 

Trademark Notice

 

Omnipearl and Omnipearl Trademarks are trademarks, owned by Omnipearl. Omnipearls trademarks may not be used in connection with any product or service that is not Omnipearl s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Omnipearl. All other trademarks and logos used in this Site are the trademarks, service marks or logos of their respective owners. Omnipearl does not make any claims to the marks of others which might appear on the Site. You gain no right to use any marks of Omnipearl or any other entity by virtue of your use of this Site.

 

Confidential and Proprietary Information/Visitor Submissions

 

Please refer to our Privacy Policy for an explanation of how we collect, maintain and use confidential and proprietary information from visitors to and users of our Site. By accessing, using or browsing this Site, you acknowledge and understand that you have read, understand, and agree to be bound by our Privacy Policy. If you do not agree with our Privacy Policy, do not use this Site. All remarks, suggestions, ideas, graphics, or other information communicated to Omnipearl through its Site (collectively, the "Submission") will forever be the property of Omnipearl. Omnipearl will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Omnipearl products or operations. Without limitation, Omnipearl will have exclusive ownership of all present and future existing rights to the Submissions of every kind and nature, everywhere. Omnipearl will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Omnipearl, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You agree not to try to access and not to access any information through the Site which does not pertain to you and which you are not properly authorized to receive. You agree that if you should access information about another individual or entity, or otherwise receive information you are not authorized to receive, or if you become aware that someone else has accessed or attempted to access information that person was not authorized to receive, you will immediately cease such unauthorized access, notify Omnipearl of the unauthorized access, and assist Omnipearl in identifying and correcting the circumstances which permitted such unauthorized access. You will keep confidential all information you receive concerning another individual or entity confidential, shall not use such information, shall return such information to Omnipearl immediately, shall not transmit it to any other person or entity and shall not return it in any electronic or other form.

 

Minors

 

This website is intended for use by adults. Persons under age 18 should use this site only with the supervision of a parent or guardian.

 

Security

 

OMNIPEARL DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT, AND ANY SITE-RELATED SERVICES, ARE PROVIDED "AS IS," WITH ALL FAULTS. OMNIPEARL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OMNIPEARL SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE. OMNIPEARL DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

 

OMNIPEARL DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. YOU AGREE THAT OMNIPEARL SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OF INDIRECTLY FROM ANY SUCH CODE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND OF THE INTERNET. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, ANY SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OMNIPEARL OR OMNIPEARL S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

Limitation Of Liability Regarding Use Of Site

 

OMNIPEARL AND ITS SUBSIDIARIES, AFFILIATES, VENDORS AND/OR LICENSORS AND OTHER THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICE, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. THIS LIMITATION APPLES (A) WHETHER THE ALLEGED CLAIMS OR DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND (B) REGARDLESS OF WHETHER OR NOT OMNIPEARL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

Accuracy and Integrity of Information

 

Although Omnipearl attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Omnipearl so that it can be corrected. Information contained on the Site may be changed or updated without notice.

 

Links or Pointers to Other Sites

 

Omnipearl makes no representations whatsoever about any other Website that you may access through this Site. When you access a non-Omnipearl site, please understand that it is independent from Omnipearl, and that Omnipearl has no control over the content on that Website. In addition, a hyperlink to a non-Omnipearl Website does not mean that Omnipearl endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

 

Termination

 

Omnipearl reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice.

 

Statute Of Limitations

 

Any cause of action brought by you against us or our affiliated parties must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred.

 

Choice of Law And Venue

 

This Site is controlled by Omnipearl from its offices within the state of Pennsylvania, of the United States of America. It can be accessed from all fifty states, as well as from other countries around the world. Each of these places has laws that may differ from those of Pennsylvania. By accessing this Site, both you and Omnipearl agree that the statutes and laws of the state of Pennsylvania will apply to all matters related to these Terms and Conditions and the use of the Site, without regard to conflicts of laws or principles thereof. Each party also agrees and hereby submits to the exclusive personal jurisdiction and venue of the state and federal courts sitting in Montgomery County, Pennsylvania, and waives any jurisdictional, venue or inconvenient forum objections to such courts. Omnipearl makes no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so, on their own initiative and are responsible for compliance with local laws.

 

Severability

 

In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

 

Entire Agreement

 

These Terms and Conditions constitute the entire agreement between Omnipearl and you pertaining to the subject matter hereof. In its sole discretion, Omnipearl may from time-to-time revise these Terms and Conditions by updating this posting. You should, therefore, periodically visit this page to review the current Terms and Conditions, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

 

How to Contact Omnipearl

 

If you have any questions or concerns about these Terms and Conditions, then please submit your contact information and remarks via any of the methods listed on the Contact page. The Webmaster will review your message and respond appropriately.


 

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