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Please read these Terms of Use (“Terms”) carefully before using this site.

This website is provided by Ohmega Technologies, Inc. (“Ohmega”) solely for informational purposes. Use of this site constitutes an agreement to abide by the terms and conditions set forth below, as well as in the Privacy Policy. If you do not agree to these terms and conditions of use, do not use the website or any materials posted thereon.

Limited License and General Use

Ohmega or third parties granting rights to Ohmega hold all right, title, and interest in and to the materials on this website, which are the copyrighted work of Ohmega or such third parties. Ohmega grants you a limited, personal, non-exclusive and non-transferable license to use and display the materials only on your personal computer AND only for purposes associated with your interaction with this Ohmega website. Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter or enhance any of the materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the website or any materials and you agree not to “frame” or “mirror” the website, any material contained on or accessible from this website on any other server or Internet-based device without the advanced written authorization of Ohmega.

Ohmega does not routinely monitor your postings to the website but reserves the right so to do. However, in our efforts to promote good citizenship within the Internet community, if Ohmega becomes aware of inappropriate use of the website, Ohmega will respond in any way that, in its sole discretion, Ohmega deems appropriate. You acknowledge that Ohmega will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, Ohmega will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

Access to and use of password protected and/or restricted areas of the website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the website may be subject to civil liability or criminal prosecution under applicable laws.

Links from Ohmega’s Website

Ohmega makes no representations or warranties whatsoever about any third party website which you may choose to access through this website. Links provided by Ohmega to such websites are provided solely for your convenience. Ohmega’s inclusion of third party links or material on this website shall not be construed as Ohmega’s endorsement of any third party or the third party material, and no rights or licenses are granted to you in the third party material. You agree to defend and hold Ohmega harmless from any and all liability that may result from your use of the Third Party Material.

Links to Ohmega’s Website

By linking to Ohmega’s website, linking party agrees to indemnify and hold Ohmega harmless from, and against, any and all loss, cost, damage, claims, actions, or liability arising from any such link. Ohmega shall have no liability for any indirect, exemplary, incidental, punitive, special, consequential, or other damages with regard to the linking or use of such link. Ohmega makes no warranties express or implied, with respect to such links.

Information Given by You to Ohmega

Ohmega Technologies, Inc. does not want to receive confidential or proprietary information from you through this website. Any information that Ohmega receives through its website will be deemed to be non-confidential. Information transmitted to Ohmega via this website, without a separate non-disclosure agreement signed both by you and by Ohmega, may be used by Ohmega for any purpose whatsoever without any obligation to you. Please see our Privacy Policy for additional information.

Trademark and Copyright Information

The following are registered trademarks and service marks used by Ohmega Technologies, Inc.: Ohmega, OhmegaPly, OhmegaPly RCM, OhmegaFlex, and Ohmega ORBIT.

Applicable Law and Export Control

Any action related to these Terms and Conditions of Use will be governed by the law of the State of California, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree that any dispute arising from or relating in any way to this website will be brought exclusively in the Federal or State courts located in the State of California and you irrevocably agree to submit to the jurisdiction of such courts. You further agree to indemnify, defend and hold harmless Ohmega and its agents and affiliates against any claim, liability, expense or damages arising directly or indirectly from: 1) relating to your use of the website, 2) your breach of these Terms and Conditions of Use, and 3) your submissions and/or postings to the website. If any provision of these Terms and Conditions of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions of Use and shall not affect the validity and enforceability of any remaining provisions.

Limitation of Damages

In no event shall Ohmega or any of its affiliates, suppliers or subsidiaries be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other date on your information handling system) that are related to the use of, or the inability to use, the content materials and functions of the site or any linked website, even if Ohmega is expressly advised of the possibility of such damages.

Disclaimers

The information contained in these documents is intended to assist you in designing and processing Ohmega products and is provided “AS-IS.” It is not intended to and does not create any warranties express or implied, including any warranty of merchantability or fitness for a particular application. Results may vary as applications and equipment may vary. The user should determine the suitability of Ohmega’s materials for each specific application. Ohmega does not warrant the accuracy, or completeness of the information, text, graphics, links or other items contained on this web site. Ohmega reserves the right to make changes to these materials, data sheets, or in other information in our home page presentation, including without limitation information about the availability, appearance, price and specifications of products and services, at any time without notice.

Use of Software

Any software that is available on this website (“Software”) is the copyrighted work of Ohmega. Copying or reproducing the Software to any other server or location for further reproduction or redistribution is prohibited, unless such reproduction or redistribution is permitted by a license agreement accompanying such Software. You may not create derivative works of the Software, or attempt to decompile or reverse-engineer the Software unless otherwise permitted by law. Use of the Software is subject to the license terms of any license agreement that may accompany or is provided with the Software.

Without limiting the foregoing, the software is warranted, if at all, only according to the terms of a separate license agreement accompanying the software. Except as warranted in such license agreement, OHMEGA disclaims all warranties and conditions with regard to the software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, to the maximum extent permitted by law.

Miscellaneous

Some of the provisions of these Terms and Conditions of Use are for the benefit of Ohmega, its officers, directors, employees, agents, subsidiaries, affiliates, suppliers, and any third-party information providers. Each of these persons or entities shall have the right to enforce these provisions directly against you on its own behalf if you violate any of these Terms and Conditions of Use.

Ohmega’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provisions herein.  Ohmega may assign its rights and duties to any party at any time without notice to you.

Rev 03/11

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