1.1 This agreement governs your use of the OmniaMedical.com Web site. Additional terms and conditions of use applicable to specific areas of the Web site may also be posted in such areas and, together with this agreement, govern your use of those areas. This agreement, together with any such additional term and conditions, are referred to as “this Agreement.”
1.2 Omnia Medical reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Web site. Your continued use of the Web site constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Omnia Medical as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Web site.
1.3 The information posted is as of the date indicated and, to our knowledge, was timely and accurate when posted. We are under no obligation to update or remove outdated information other than as required by applicable law or regulation.
2. Use of Content
2.1 You acknowledge that the Web site contains information, photographs, audio and video clips, graphics, links and other material (collectively, the “Content”) that are protected by copyright, trademark and other proprietary rights of Omnia Medical or third parties. All Content on the Web site is copyrighted as a collective work of Omnia Medical pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Web site.
2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in this Agreement.
2.3 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any significant portion of any Content, except as expressly permitted by the copyright laws. No copying, storage, redistribution or publication of any Content is permitted without the express permission of Omnia Medical.
3. No Endorsement
The Web site may contain links to sites on the Internet, which are owned and operated by third parties (the “External Sites”). You acknowledge that Omnia Medical is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
4. Termination of Service
Omnia Medical may change, suspend or discontinue all or any aspect of the Web site at any time, including the availability of any feature, database, or Content without prior notice or liability.
5. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
5.1 NEITHER OMNIA MEDICAL NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES OMNIA MEDICAL ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEBSITE OR THE CONTENT. THE WEBSITE AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. OMNIA MEDICAL DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
5.2 OMNIA MEDICAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF OMNIA MEDICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF OMNIA MEDICAL SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
This Agreement shall be construed in accordance with the laws of the State of West Virgina, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Morgantown, WV. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on the Web site, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. Sections 2, 4 and 5 shall survive any termination of this Agreement as well as any other provisions, which by their terms or sense are intended to survive.