OMNI life science: Terms of Use

ATTENTION: PLEASE READ THESE TERMS OF USE AND LEGAL RESTRICTIONS CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE.

Use of Site. You agree to abide by these Terms of Use and Legal Restrictions ("Terms") when you use the web sites www.omnils.com, www.bw-omni.com and any other web sites (collectively, the "Site") operated by OMNI Life Science, Inc. ("OMNI"). If you do not agree to these Terms, do not use any portion of the Site. OMNI authorizes you to view a single copy of the materials displayed on this Site and download a single copy of the downloadable materials displayed on the Site only for your personal, non-commercial internal use, provided that you comply fully with these Terms, that you do not modify the materials and that you maintain and abide by all copyright, trademark and other notices contained in such material or if none, you include the following copyright notice in such downloaded materials:

This license is non-transferable and may be terminated or revoked at any time in our sole discretion. You may not modify the materials on this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose, including without limitation, using any of the materials on any other Web site or networked computer environment, without the express written permission of OMNI. The materials displayed or used on this Site are copyrighted and any unauthorized use of any materials on this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy and permanently erase any downloaded or printed copies.

User Communications. Any material, information or other communication you transmit or post to this Site ("Communications") will be considered non-confidential and non-proprietary. OMNI will have no obligations with respect to any Communications from any person. You may be permitted to access and use chat rooms, bulletin boards, mail lists, and other forms of group electronic communications through the Site ("Interactive Areas"). If you participate in Interactive Areas you are responsible for your own Communications and the consequences of posting your Communications. OMNI does not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of any Communication or other material posted in Interactive Areas. OMNI does not endorse any opinions expressed in Interactive Areas. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN INTERACTIVE AREAS IS AT YOUR OWN RISK. You hereby grant to us a non-exclusive, worldwide, royalty-free, perpetual license, with right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform the Communications by all means and in any media now known or hereafter developed for any use or purpose.

Prohibited Uses; Prohibited Communications. If you choose to transmit through, send to or post on the Site any Communication, you agree to do so solely for lawful purposes. You expressly agree that you will not transmit through, send to or post on the Site any Communication that: (1) is defamatory, libelous, abusive, obscene, unlawful, offensive, vulgar, indecent, pornographic, profane, sexually-oriented, threatening, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) is false or misleading with respect to origin or fact, slanderous, libelous or defamatory, infringes on or violates any copyright, any other intellectual property rights, contract rights, or any other rights of any third party; (3) would invade the privacy of any other person or otherwise provide personally identifiable information of any person such as an address or phone number without that person's prior consent; (4) is intended to advertise to or solicit others; (5) constitutes charity solicitations, chain letters or pyramid schemes; (6) contains a virus, worm, Trojan horse, time bomb, or any other harmful or malicious component or code designed to interrupt, destroy or limit the functionality of any computer software or hardware or equipment for method of communication; (7) gives rise to liability; (8) promotes the use of controlled substances; (9) causes injury of any kind to any person or entity; (10) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party; (11) creates a link to another Site or (12) does not generally pertain to the designated topic or theme of the Site. You also expressly agree that you will not: (a) after receiving warning, continue to post material which we have advised you not to post; (b) create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (c) post, generate or disseminate so-called "spam" or mass-mailings; (d) harvest or otherwise collect information about others, including email addresses, without their consent; (e) interfere with or disrupt networks connected to the Site, or used for purposes of delivering the content on this Site (or violate the regulations, policies or procedures of such networks); (f) attempt to gain unauthorized access to restricted areas of the Site, other accounts, computer systems or networks connected to the Site, through password mining or any other means; or (g) interfere with another of our user’s use and enjoyment of the Site.

Monitoring; Access Denial. OMNI reserves the right to monitor or screen any Communications from any person; however, OMNI is under no obligation to do so, and may elect not to conduct such monitoring or screening. If OMNI is notified by one its users that any Communication or action may is alleged not to conform to these Terms, OMNI reserves the right to investigate the allegation and determine in its sole discretion whether to remove the Communication. OMNI also reserves the right in OMNI's sole discretion to edit or delete any Communication posted on the Site, regardless of whether such Communication violates these Terms. OMNI also reserves the right to take other action that OMNI in its sole discretion deems appropriate, including without limitation, denying access to the Site to anyone at any time. OMNI shall have no liability or responsibility to you or any other person or entity for performance or nonperformance of the activities set forth above. All persons are hereby notified that use of the Site constitutes consent to the above actions, monitoring, screening, editing and OMNI's discretion to deny access to the Site.

Privacy. Your use of the Site constitutes your consent to OMNI's privacy policy posted from time to time on the Site. You may review the current OMNI privacy policy at http://www.omnils.com/privacy.html

Comments and Inquiries to OMNI. Any OMNI response given to inquiries will be for informational and educational purposes only and should not be interpreted as diagnostic or treatment advice of any type.

Press Releases. The information contained in press releases on the Site should not be deemed to be accurate or current except as of the date the press release was posted. OMNI does not, and specifically does not intend to, update or correct such information.

Links To Other Web Sites. Links to third party Web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. OMNI does not endorse, warrant or make any representations about any such Web site, or any information, software or other products or materials found there, any results that may be obtained from using such Web sites or privacy or other practices of such Web sites. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

Terms of Use as to Medical Advice. The content available through the Site is for informational and educational purposes only and is not a substitute for the professional judgment of the health care professional in diagnosing and treating patients. OMNI does not give medical advice, nor does OMNI provide medical or diagnostic services. Your reliance upon content obtained by you at or through the Site is solely at your own risk. The surgical techniques presented on this Site are used to demonstrate examples of surgical techniques. OMNI, as the manufacturer of medical devices, does not practice medicine and does not recommend these or any other surgical techniques for use on a particular patient. The surgeon who performs any implant procedure is responsible for determining and utilizing the appropriate techniques for surgical procedures in each individual patient. OMNI is not responsible for selection of the appropriate surgical technique to be utilized for an individual patient.

Terms of Use as to Confidentiality. OMNI MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED VIA OR TO THE SITE OR OMNI OR ANY SITE LINKED TO THE SITE. OMNI will not be liable for the privacy of e mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site. For more information, click here http://www.omnils.com/privacy.html.

General Terms of Use. THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE OR DESCRIBED ON THE SITE OR ACCESSED BY MEANS THEREOF) IS PROVIDED "AS IS," WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, SECURITY OR ACCURACY. OMNI FURTHER DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS AT THIS SITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS AND OMISSIONS THEREIN. OMNI may make changes to the materials at this Site, or to the products and prices described in them, at any time without notice. The materials at this Site may be out of date, and OMNI makes no commitment to update the materials at this Site. Information published at this Site may refer to products, programs or services that are not available outside the United States of America. Consult your local OMNI business contact (if any) for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Your use of this Site is at your own risk, and it is your responsibility to take precautions to ensure that the pages and other materials are free from viruses, worms, Trojan horses, time bombs or other items of a destructive nature. This Site may not be compatible with the web browser or other software you use. There is no guarantee that the Site will be available on a consistent or ongoing basis, and the provision of this Site may be subject to periods of interruption or poor performance and may be terminated at any time.

Limitation of Liability. IN NO EVENT WILL OMNI, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION DISPLAYED ON OR AVAILABLE THROUGH ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification. You agree to defend, indemnify and hold OMNI and its parent companies, subsidiaries, affiliates, officers, directors and employees harmless against any losses, expenses, costs or damages (including our reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) your use of the Site, (2) your breach of the terms of this Agreement, (3) your unauthorized or unlawful use of the Site, and (4) the unauthorized or unlawful use of the Site by any other person using your IDs.

Trademark Notice: V-Force, Camtrac, Diva, Rage, Icon, ecast, are trademarks and service marks of OMNI and are protected by law. You may not use OMNI marks without the express written permission of OMNI. Certain other names, brands and marks are used for identification purposes only and may be trademarks or registered trademarks of their respective owners. Fair use of the trademarks and service marks requires proper acknowledgment. ALL RIGHTS RESERVED.

Copyright Notice; Ownership. All materials and software published on or used on the Site are protected by copyright, and owned or controlled by or licensed to OMNI, or the party listed as the provider of the materials or software. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING ANY OF THE MATERIAL IS PROHIBITED. You may download any downloadable materials displayed on the Site only in accordance with these Terms.

Email May Not Be Used to Provide Notice. Communications made through the Site or the Site's e-mail or messaging systems shall in no way be deemed to constitute legal notice to OMNI or any of its officers, employees, agents or representatives, such as where notice to OMNI is required by contract, or any federal, state or local laws, rules or regulations.

Applicable Laws; Jurisdiction. This Site is administered by OMNI from its offices in USA. OMNI makes no representation that materials at this Site are appropriate or available for use outside the United States. Access to the Site from territories where the Site's contents are illegal is prohibited. You may not use or export or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations. If you access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of California in the United States of America ("USA") as applied to agreements made and performed entirely within the State of California, without giving effect to any principles of conflicts of laws, and the law of the USA, as applied to agreements made and performed entirely within USA, without giving effect to any principles of conflicts of laws. Any action brought to in connection with the Site or these Terms shall be brought in either the state or federal courts with jurisdiction in Los Angeles County, California.

Modification of Terms. OMNI reserves the right to revise these Terms at any time by updating this posting. Your continued use of the Site constitutes your agreement to comply with such revisions, so you should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

Revised April 2005.