Please read these Terms and Conditions (“Terms”) carefully before using Omnicor’s website (the “Services”) and any information, text, graphics, or other materials uploaded, downloaded, or appearing on the Services (collectively referred to as “Content“) operated by Omnicor (“us”, “we”, or “our”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms.
These Terms apply to all visitors and users who access or use the Services. If you disagree with any part of the Terms, then you may not access the Services.
Content On The Services: All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
Under no circumstances will Omnicor be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Services or broadcast elsewhere.
Omnicor’ Rights: All right, title, and interest in and to the Services (excluding Content provided by Users) are and will remain the exclusive property of Omnicor and its licensors. The Services are protected by copyright, trademark, and other laws of the United States. Nothing in the Terms gives you a right to use the Omnicor name or any of the trademarks, logos, domain names, and other distinctive brand features.
Third-Party Sites: Our Services may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Omnicor shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Copyright Policy: Omnicor respects the intellectual property rights of others and expects Users of the Services to do the same. We will respond expeditiously to claims of copyright infringement committed using the Services, in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”).
Services Available “AS-IS”: Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security, or reliability of the Services or any Content thereon. We will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Omnicor or through the Services, will create any warranty not expressly made herein.
Indemnification Of Omnicor: You shall defend, indemnify, and hold harmless Omnicor and its officers, directors, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of these Terms by you.
Termination: We may, at any time, terminate our legal agreement with you if you have breached any provision of these Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to, comply with the provisions of these Terms), if we in our sole discretion believe it is required to do so by law, or immediately upon notice to the email address you provided.
Governing Law: These Terms shall be governed and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have between us regarding the Services (excluding any services such as Merchant Processing Services, for which you have a separate agreement with Omnicor that is explicitly in addition to or in place of these Terms).
Changes To Terms: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new Terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.
These Services are operated and provided by Omnicor, Inc. 11034 N. 23rd Drive #103 Phoenix, AZ 85029. If you have any questions about these Terms, please contact us using the form below.