TERMS AND CONDITIONS OF USE
IMPORTANT: Please read the following before accessing and using this
Site.
Thank you for visiting www.omnibroad.com. We hope that you will find
this website helpful and informative.
The following are the terms and conditions that apply to and govern your use of
this Site. These Terms also incorporate our Privacy Statement. If you do not
agree with any terms or conditions herein, or have any questions, before
proceeding contact us directly at postmaster@omnibroad.com, and we will be
pleased to assist you. BY CHOOSING TO ACCESS, BROWSING, AND USE THIS SITE, YOU
ARE EXPRESSLY AGREEING TO BE LEGALLY BOUND BY THESE TERMS DESCRIBED HEREIN AND
ALL DOCUMENTS, POLCIES AND GUIDELINES INCORPORATED BY REFERENCE.
Exclusive Terms. Please note that these Terms exclusively govern your
access, browsing and use of this Site and do not alter or affect the terms and
conditions of any other agreement that you may have or enter into with any
OmniBroad Solution Inc entity for any given product or service. The latter
agreement will continue to govern that specific legal relationship with
OmniBroad Solution Inc.
Changes to Site. In order to improve our service to you, we reserve the
right to make changes in the access, operation, and content of this Site at any
time without notice. We also reserve the right to make changes in the Terms and
the Privacy Statement, so please check before each use for changes.
Copyright Notice. You acknowledge that, unless otherwise specifically
designated, OmniBroad Solutions Inc is the sole owner of all intellectual
property rights to this Site and its contents, including but not limited to
copyright protection for all content, including the design, layout, graphics,
photos, format, and other visual elements of the Site. All ownership rights
pertaining to the information and material contained on this Site, including
but not limited to the OnmiBroad Solutions Inc
name, logos, trademark, graphics, photos, images, and content, are owned
or have been duly licensed by OmniBroad Solutons Inc, WITH ALL RIGHTS RESERVED.
The Site pages and content may be electronically copied or printed in hard copy
for internal informational, personal or non-commercial use only, provided that
no modifications are made, it is not published in any media, and on each page
of ever internal copy, OmniBroad Solutions Inc is acknowledged as the source
with a copyright symbol. You are not granted any license to use the content.
Any use other than that set forth above, including the non-internal
reproduction, modification, copying, display or use of any copyright-protected
OmniBroad SolutionsInc or other logo, graphic, photo or image, without the
prior written permission of OmniBroad Solutions Inc is strictly prohibited and
will be enforced to the full extent of the law. Except for data and information
submitted pursuant to an existing agreement with OmniBroad Solutions Inc, any
ideas, material, or content submitted by any user on or through this Site
(including by e-mail) is, to the extent you own the intellectual property
rights, the sole property of OmniBroad Solutions Inc, and OmniBroad Solutions
Inc has no obligation of confidentiality nor are we responsible for any claims
of infringement or misappropriation that may result from any submission.
Personal information submitted will be treated in accordance with our Privacy
Statement. OmniBroad Solutions Inc makes no guarantee, representation or
warranty that the content of this Site or its use will not infringe upon the
intellectual property right of any person, nor that the use, transfer,
reproduction, distribution, transmission, or storage of any Site content
outside the United States is in compliance with the laws of any other
governmental authority or jurisdiction which may be applicable.
No Warranties Provided. The information on this Site is provided for
general information purposes only. While OmniBroad Solutions Inc strives to
provide timely, accurate and complete information, you may discover some
inadvertent typographical, technical, factual, or other errors or omissions in
the information provided. Please bring them to our attention at
postmaster@Omnibroad.com. Since such mistakes may occur, OMNIBROAD MAKES NO
GUARANTEES, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, CONCERNING THE
SECURITY, TIMELINESS, RELEVANCY, SUFFICIENCY, ACCURACY, RELIABILITY, FITNESS
FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR COMPLETENESS OF ANY
DATA, INFORMATION, OR SERVICES FURNISHED TO YOU ON OR THROUGH THIS SITE, OR
CONCERNING THE INFORMATION YOU PROVIDE TO US. WE ARE PROVIDING THE INFORMATION
AND OTHER CONTENT CONTAINED HEREIN ON AN "AS IS, WHERE IS, AS
AVAILABLE" BASIS, AND ALL WARRANTIES (EXPRESS OR IMPLIED) ARE DISCLAIMED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
User Conduct. For the convenience of our users, some areas on this Site
may allow for interactive communication, some of which may be conducted in
"real time". You agree not to post any content which is or may be, in
whole or in part: false, unlawful, criminal, fraudulent, misleading,
infringing, libellous, slanderous, defamatory, profane, racist, sexist,
threatening, inflammatory, obscene, invasive of personal or privacy rights,
advertising, promoting or soliciting for commercial purposes, containing any
known viruses or bugs, or which is otherwise harmful, offensive, inappropriate,
or unprofessional. OmniBroad Solutions Inc has no obligation to monitor,
screen, filter or edit any information, communication, or content that is
directly posted by or shared by users on the Site, however we may at our
discretion from time to time monitor use of the Site, and we reserve the right
to delete or edit any objectionable content posted or submitted by authorized
users, terminate the user's access to the Site, deny future access, or take any
other action we deem appropriate under the circumstances. Please report any
such violations to us at postmaster@omnibroad.com. OmniBroad Soultions
Inc will handle any personally identifiable data or information posted by you
in accordance with our Privacy Statement, however, any third party liability or
usage which may arise from your posting will be solely at your own risk.
Information obtained through monitoring our Site may also be used for duly
authorized law enforcement investigations. We also reserve the right to
identify and investigate inquiries to the extent required to comply with
applicable laws and regulations, including but not limited to U.S. export
control laws and executive orders. OmniBroad Solutions Inc will have no
liability for any content posted by users on any Site.
Compliance with all Laws. You
agree that your use of this Site will be in compliance with all relevant and
applicable laws and regulations, which shall include but not be limited to U.S. export
control laws and executive orders. The information provided on and through this
Site or any Secured Site may be deemed in some cases to be controlled
technology and subject to the export control restrictions of the United States.
IT IS YOUR OBLIGATION TO VERIFY AND COMPLY WITH ALL APPLICABLE LAWS AND
REGULATIONS OF THE UNITED STATES PERTAINING TO ANY POTENTIAL ACCESS, TRANSFER AND
USE OF ANY INFORMATION HEREIN WHICH MAY BE DEEMED TO BE "CONTROLLED"
AS DEFINED BY LAW. This Site may not be accessed or used by any national of
certain countries or groups against which the United States has instituted
sanctions, Specially Designated Nationals, and other proscribed persons who are
listed on the Denied Parties list. Due to technical uncertainties preventing
verification of the identity and ultimate point of access by any person
attempting to access or use the Site, including any Secured Site, your access
of the Site, including the presentment of any authorized user ID and password,
constitutes your express representation that (1) the person attempting access
thereunder is not a national of any such sanctioned country or group or a Specially
Designated National, and (2) is not included on such Denied Parties list, and
(3) that, if an Authorized User, you have not disclosed or provided such
password and user ID to any such person for use under your registration. Users
shall be fully liable and subject to prosecution to the full extent of the law
for any violations of this paragraph, and SUCH USER HEREBY AGREES TO DEFEND,
INDEMNIFY AND HOLD OMNIBROAD HARMLESS FROM AND AGAINST ANY AND ALL SUCH DAMAGES
AND LIABILITY.
Site Security. So that this Site remains to the extent possible open and
available to all users, we have mechanisms in place to identify unauthorized
attempts to gain access to Secured Sites, upload or change information or any
image, inject any harmful elements, or otherwise cause damage. Regardless, even
though we strive to keep these mechanisms up to date, due to the technical
uncertainties, we are unable to make any representation or warranty that the
content, information, or links in this Site are secure and free of data-processing
errors, technical glitches, operational problems, interruptions, errors, bugs,
worms, viruses, unauthorized third party access, or any other harmful elements.
YOU REMAIN SOLELY RESPONSIBLE FOR THE SECURITY AND PROTECTION OF YOUR SYSTEMS
WHEN USING THIS SITE. Unauthorized attempts to upload, insert, or change any
information or image on this Site or cause harm are strictly prohibited and may
be punishable to the full extent of the law, including the Computer Fraud and
Abuse Act and the National Information Infrastructure Protection Act.
Outside Links. For your information or convenience, this Site may
contain direct links or hyperlinks to websites that are maintained by third
parties. When clicking on such a link, you are leaving our Site. Therefore, Omnibroad
Solutions Inc has no control over, does not endorse, and is not liable for, the
quality, operation, reliability, compliance with laws, ethics, business
practices, nor content of such third party websites, or for any product or
service advertised or provided therein. Any transactions with such third
parties, including provision of your personal information, are strictly at your
own risk. We expressly disclaim all liability arising from your access of and
for the content contained within or through any such third party website.
Access Outside United
States. If you are accessing this Site
from outside the United States, you are doing so at your own risk, and you
remain fully responsible and liable for familiarity and compliance with these
Terms as well as with the laws, regulations, directives, codes, and rules of
the United States, including its export compliance laws and regulations, as
well those of the jurisdiction from which you are accessing the Site, and any
other applicable jurisdiction which may be involved in the access,
transmission, routing, receipt, disclosure, storage or use of information on
this Site, or any commercial transactions conducted on or through this Site.
Privacy. The use of your personal information given to us during your visit
to our Site is governed by the Omnibroad Solutions Privacy Statement, which is
posted on this Site and incorporated into these Terms. You agree that any
personal information you choose to provide to us will be accurate and truthful
to the best of your knowledge.
LIMITATION OF LIABILITY AND INDEMNIFICATION. YOU AGREE THAT OMNIBROAD
SOLUTIONS AND ITS AFFILIATES AND DIVISIONS, CUSTOMERS, PARTNERS, AND THEIR
RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, VENDORS, SUPPLIERS,
LICENSORS, ASSIGNEES, SUCCESSORS, INSURERS AND AGENTS, ARE NOT LIABLE IN ANY
RESPECT FOR ANY DAMAGES (INCLUDING FOR ANY SPECIAL, INDIRECT, ECONOMIC,
EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR LOSS OF ANY NATURE WHICH MAY
OCCUR AS A RESULT OF YOUR ACCESS AND USE OF THIS SITE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS OMNIBROAD SOLUTIONS INC AND
ITS AFFILIATES AND DIVISIONS, ITS CUSTOMERS AND JOINT VENTURE PARTNERS, AND
THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, VENDORS,
ASSIGNEES, AND AGENTS, FOR ANY COSTS, CLAIMS, DAMAGES, LOSSES, OR OTHER
LIABILITIES ARISING FROM YOUR USE OF THE SITE IN BREACH OF THESE TERMS OR IN
VIOLATION OF LAW.
SHOULD THE ABOVE PROVISIONS BE HELD TO BE UNENFORCEABLE FOR ANY REASON, IN
WHOLE OR IN PART, COMPANY'S AGGREGATE LIABILITY TO YOU FOR ANY REASON CONNECTED
TO YOUR USE OF THIS SITE WILL IN NO EVENT EXCEED THE SUM OF $10.00. ALL OTHER
TERMS AND CONDITIONS HEREIN WILL REMAIN IN EFFECT IN THE EVENT ANY PROVISION
SHOULD BE FOUND UNENFORCEABLE.
Applicable Law and Dispute Resolution. You agree that these Terms will
be interpreted under the laws of the State of Georgia, regardless of any
conflicts of laws rules, and regardless of the laws of any other jurisdiction
which may be asserted. Any dispute or claim which you may have
("Claim") arising from your access or use of the Site shall be first
submitted in writing to OmniBroad Solutions Inc within one month (30 days) from
the occurrence of the event upon which such Claim is alleged to be based, or
such Claim shall be deemed waived. Any Claim which has been properly submitted
to OmniBroad Solutions Inc which has not been resolved within a reasonable
period time not to exceed six (6) months may be submitted to binding
arbitration as an exclusive alternative to litigation. YOU EXPRESSLY WAIVE ANY
RIGHT TO BRING ANY LITIGATION IN ANY JURISDICTION AGAINST OMNIBROADSOLUTIONS
INC BASED ON YOUR ACCESS OR USE OF THIS SITE OR UNDER THESE TERMS. Any
arbitration will be administered by the American Arbitration Association in Atlanta, Georgia,
in accordance with its applicable commercial rules and procedures. Any arbitral
award will specifically exclude any special, indirect, incidental, exemplary,
punitive, or consequential damages.
Thank you for visiting www.omnibroad.com. If you have any questions, comments,
or suggestions concerning this Site, we would like to hear from you.
Please contact postmaster@omnibroad.com
