Omnicognic Terms of Use

Last Modified: February 20, 2009

Introduction

The following are terms of a legal agreement between you and Omnicognic. By accessing, browsing, or using this Web site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, please do not use this Web site. Omnicognic reserves the right to change these Terms and Conditions without notice.

Use of Web Site Documents

You may download, view, copy and print documents, including graphics incorporated in the documents, that Omnicognic publishes on the Site ("Documents") such as print screens, FAQs and support topics subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from the Site in whole or in part without the express authorization of Omnicognic. Documents specified above do not include the design or layout of this Web site. Elements of this Web site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Use of Software

Any software and accompanying documentation you download or access through the Site ("Software") is the copyrighted work of Omnicognic and/or a third party software provider. Use of the Software is subject to the terms of a software license agreement that accompanies or is included with the Software. Your use, reproduction or redistribution of the Software is prohibited except as expressly provided for in the software license agreement. All rights, title and interest not expressly granted are reserved. Except where expressly provided otherwise, all Software is provided on an "as is" basis, and Omnicognic expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Links to Other Sites

This website contains links to information created and maintained by other organizations. These links are provided for your convenience. Omnicognic does not control or guarantee the accuracy, relevance, timeliness, or completeness of this outside information. Once you access another site through a link that we provide, you are subject to the terms and conditions of that website.

No Unlawful or Prohibited Use

As a condition of your use of the site, you will not use the site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the site in any manner that could damage, disable, overburden, or impair any Omnicognic server, or the network(s) connected to any Omnicognic server, or interfere with any other party's use and enjoyment of any services. You may not attempt to gain unauthorized access to the site, other accounts, computer systems or networks connected to any Omnicognic server or to any of the services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the site.

Disclaimer

THE INFORMATION AND MATERIALS CONTAINED ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL OMNICOGNIC BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO LOSS OF PROFITS OR BUSINESS INTERRUPTION) OR DUE TO THE USE OF OR INABILITY TO USE THE MATERIALS. THE FOREGOING LIMITATIONS AND DISCLAIMERS APPLY REGARDLESS OF THE CAUSES OR CIRCUMSTANCES GIVING RISE TO THE INJURY, LOSS, EXPENSE, CLAIM, LIABILITY, OR DAMAGE, EVEN IF SUCH INJURY, LOSS, EXPENSE, CLAIM, LIABILITY, OR DAMAGE IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR A BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR STRICT LIABILITY.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Limitation of Liability

IN NO EVENT SHALL OMNICOGNIC NOR ANY PERSON OR COMPANY ASSOCIATED WITH OMNICOGNIC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE.

Indemnification

You agree to indemnify, defend, and hold harmless Omnicognic; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, including but not limited to any violation of these Terms.

Privacy Policy

Omnicognic is concerned about your privacy and has developed a policy to address privacy concerns. For more information, please see Omnicognic's Privacy Policy.

How you can contact us about Terms of Service Questions

If you have questions or concerns regarding this policy, you should contact us by using this form or writing to us at:

Omnicognic, LLC
P.O. Box 2183
Beverly Hills, CA 90213
United States of America