TERMS & CONDITIONS
Individuals who visit the OMNIFLX Web site (the "Site") operated under URL http://omniflx.com and/or http://omniflx.net (the "Users") represent that they have read and understand, and agree to be bound by, these Terms and Conditions. User's use of the Site will constitute acceptance of these Terms and Conditions. If User does not agree to these Terms and Conditions, User should neither access nor use the Site.
USE OF THE SITE
Site Contents (as defined in the "Intellectual Property" section below) may not be copied, reproduced, modified, published, displayed, uploaded, posted, reposted, distributed, transmitted, used to create a derivative work, or otherwise used for public or commercial purposes without OMNIFLX's prior written permission.
Users of OMNIFLX's Site assume all risks. OMNIFLX's Site and its Contents may not be current, complete, accurate or adequate. OMNIFLX makes no warranties or representations as to OMNIFLX's Site Contents accuracy, unavailability, completeness or timeliness. OMNIFLX specifically disclaims any liability or responsibility for any errors and/or omissions in the Contents on its Site. OMNIFLX hereby disclaims any duty or obligation to provide any content updates.
OMNIFLX does not currently accept unsolicited proposals or work product, and the submission or transmission of unsolicited concepts, ideas, artwork, creative, business or marketing strategies, or any other materials from OMNIFLX's Site Users will be considered and treated by OMNIFLX as a non-confidential and non-proprietary disclosure. OMNIFLX's Site Users that send such unsolicited communication to OMNIFLX automatically consent that OMNIFLX may use such communication materials for any and all commercial or non-commercial purposes without compensation, obligation or recognition of any kind to said User.
The User is prohibited from communicating with OMNIFLX, its officers and employees through a posting, email, form, submission or other transmission from or to OMNIFLX's Site in which any portion of the communication is unlawful, obscene, pornographic, libelous, threatening, defamatory, an invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties.
OMNIFLX's Site users are further prohibited from communicating through a posting, email, form, submission or other transmission from or to OMNIFLX's Site, its officers or employees in which any portion of the communication consists of or contains software viruses, chain letters, political campaigning, commercial solicitation, mass mailings, or any form of "spam."
Users may not use a false e-mail address, impersonate any person or entity, or otherwise mislead OMNIFLX, its officers or employees as to the location of the communication or content.
No permission is hereby granted to any User to link from any other Web site to any portion of this OMNIFLX Site, or to frame any content contained on this Site without OMNIFLX'S prior written permission.
OMNIFLX's Site text, graphics, images, logos, button icons, downloads, contact forms, screens, computer code, video, audio, animation, software, the overall design of this Site, selection, arrangement and presentation of all materials of whatever kind on the OMNIFLX Site (the "Contents") are owned and copyrighted by OMNIFLX and/or other parties. The OMNIFLX Site Contents may also contain or reference trademarks, products, logos, copyrights, patents, trade secrets, technologies, processes or other proprietary rights of third parties ("Intellectual Property"). All such Intellectual Property is the property of its respective owner, which may be OMNIFLX and/or other parties. Except as otherwise expressly stated herein, Users are not granted any license to use, or right in, any such Intellectual Property. Nothing in these Terms and Conditions shall be deemed to grant to User or any other user any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of OMNIFLX. OMNIFLX is a registered trademark.
In compliance with the Children's Online Privacy Protection Act, 15 U.S.C. §§ 6501-6506 and 16 C.F.R. §§ 312.1-312.12, OMNIFLX does not permit children under 13 years of age to become Users of the OMNIFLX Site. By using the Site, User represents that User is not under 13 years of age.
MODIFICATION OF THE TERMS AND CONDITIONS
Users are responsible for periodically reviewing OMNIFLX's Terms and Conditions. Users continued use of the OMNIFLX Site will be deemed an acceptance of OMNIFLX's Terms and Conditions then in effect. OMNIFLX may, in its sole discretion, make changes at any time to the Site or these Terms and Conditions. Any modifications to these Terms and Conditions will be effective upon posting. User's continued use of the Site following posting of any revised Terms and Conditions will constitute acceptance of the modified Terms and Conditions.
UNAUTHORIZED USE OF THE SITE
OMNIFLX reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Site, including but not limited to, action that imposes an unreasonable load on the Site and actions that cause others to be confused or mislead as to the actual contents and bounds of the Site. OMNIFLX'S decision not to pursue legal action for any violation of the Terms and Conditions shall not be construed as a waiver of the Terms and Conditions or OMNIFLX'S legal rights. In the event that any provision of OMNIFLX Web site Terms and Conditions is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
THIRD PARTY WEB SITES
OMNIFLX may display on this Site links to third party sites. OMNIFLX is not responsible for the contents of such links, or other materials relating to such linked sites, or any link contained in a linked site. The display of any link does not imply endorsement by OMNIFLX of the linked site. IN NO EVENT WILL OMNIFLX BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY LINKED THIRD PARTY SITE OR ANY LINK CONTAINED IN A LINKED SITE.
OMNIFLX makes no representation that the Site and its Contents are appropriate or available for use outside the United States. Users who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Users may not use or export the Site or its Contents in violation of United States export laws and regulations.
DISCLOSURE OF DATA
User agrees OMNIFLX may disclose to third parties any information that User provides to OMNIFLX on the Site upon order of court, administrative or regulatory body or other tribunal of competent jurisdiction, or as otherwise required by law. In that event, OMNIFLX will provide User notice of such disclosure to the extent permitted by law.
The Site does not currently collect personally identifiable information. All personal communication with OMNIFLX is subject to use and storage by OMNIFLX and its partners if applicable.
This Site does NOT currently use "cookies". "Cookies" are small strings of text sent by a Web site to a visitor's browser and then stored by a visitor's browser on a visitor's computer hard drive to facilitate Web site page features. OMNIFLX does not collect any personal, or personally identifiable information or track Site usage with cookies.
OMNIFLX may employ companies and individuals to perform marketing and administrative functions on its behalf. These companies and individuals may have access to User's individual and technical information needed to perform their designated functions, but may not use it for any other purposes.
THIRD PARTY WEB SITES
OMNIFLX is located in the United States and is intended for use within the United States. OMNIFLX makes no representation that the Site and its Contents are appropriate or available for use in other locations. Users who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Users may not use or export the Site or its Contents in violation of United States export laws and regulations.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL OMNIFLX OR ITS EMPLOYEES, CLIENTS, PARTNERS OR VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF: THE USE OF OR INABILITY TO USE THE OMNIFLX SITE AND CONTENTS; INTERRUPTIONS IN AVAILABILITY; LOSS OF INFORMATION; VIRUSES THAT MAY INFECT USERS' COMPUTER EQUIPMENT OR OTHER PROPERTY; UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS OR DATA; SITE DEFECTS; STATEMENT OR CONDUCT OR ANY THIRD PARTY ON THE OMNIFLX SITE; OR ANY OTHER MATTER RELATING TO THE OMNIFLX SITE EVEN IF OMNIFLX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE OMNIFLX SITE AND ALL THE MATERIALS CONTAINED HEREIN ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND WHATSOEVER, AND OMNIFLX, HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
OMNIFLX headquarters are in the United States in the City of Homer Glen, Illinois. The laws of the State of Illinois will govern these Terms and Conditions, without giving effect to any principles of conflicts of laws. User agrees that any action arising out of the Terms and Conditions or User's use of this Site shall be brought in state or federal court in Chicago, Illinois, and User consents to the jurisdiction of such courts.
User may not assign or otherwise transfer these Terms and Conditions or any rights or obligations hereunder. OMNIFLX'S failure to act on any breach of any provision hereof shall not be construed as a waiver of the enforcement of any provision unless OMNIFLX agrees to such waiver in writing.
If any part of these Terms and Conditions is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of remaining provisions. These Terms and Conditions set forth the entire understanding between User and OMNIFLX with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between User and OMNIFLX with respect to such subject matter.
If User has any questions relating to these Terms and Conditions or OMNIFLX, please contact OMNIFLX through any available channels.