Terms and conditions of use of Omnigarde web site
Please Read These Terms Carefully Before Using This Site
Legal Notice
This Web site is provided by Omnigarde (“Omnigarde”) and may be used for informational purposes only.
By using the site or downloading materials from the site, you agree to abide by the terms and conditions
set forth in this notice. If you do not agree to abide by these terms and conditions do not use the site
or download materials from the site.
Limited License
Subject to the terms and conditions set forth in this Agreement, Omnigarde grants you a
non-exclusive, non-transferable, limited right to access, use and display this site and the materials
thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way.
Omnigarde authorizes you to view and download the information (“Materials”) at this Web site
(“Site”) only for your personal, non-commercial use. This authorization is not a transfer of title in the
Materials and copies of the Materials and is subject to the following restrictions: 1) you must retain, on
all copies of the Materials downloaded, all copyright and other proprietary notices contained in the
Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or
distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the
Materials to any other person unless you give them notice of, and they agree to accept, the obligations
arising under these terms and conditions of use. You agree to abide by all additional restrictions
displayed on the Site as it may be updated from time to time. This Site, including all Materials, is
copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all
copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the
Materials. Except as expressly provided herein, Omnigarde does not grant any express or implied right to
you under any patents, trademarks, copyrights or trade secret information.
Disclaimer
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. Omnigarde DOES NOT WARRANT THE
ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER
INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH
OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. Omnigarde RESERVES THE
RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. Omnigarde
MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF
ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE,
ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU.
Third Party Sites
As a convenience to you, Omnigarde may provide, on this Site, links to Web sites operated by other
entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do
so at your own risk and it is your responsibility to take all protective measures to guard against viruses
or other destructive elements. Omnigarde makes no warranty or representation regarding, and does not
endorse, any linked Web sites or the information appearing thereon or any of the products or services
described thereon. Links do not imply that Omnigarde or this Site sponsors, endorses, is affiliated or
associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol
displayed in or accessible through the links, or that any linked site is authorized to use any trademark,
trade name, logo or copyright symbol of Omnigarde or any of its affiliates or subsidiaries.
Information Provided By You
Omnigarde does not want you to, and you should not, send any confidential or proprietary information
to Omnigarde via the Site. You agree that any information or materials that you or individuals acting on
your behalf provide to Omnigarde will not be considered confidential or proprietary. By providing any such
information or materials to Omnigarde, you grant to Omnigarde an unrestricted, irrevocable, worldwide,
royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such
information and materials, and you further agree that Omnigarde is free to use any ideas, concepts or
know-how that you or individuals acting on your behalf provide to Omnigarde. You further recognize that
Omnigarde does not want you to, and you warrant that you shall not, provide any information or materials
to Omnigarde that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that
incorporates the proprietary material of another.
Limitations of Damages
IN NO EVENT SHALL Omnigarde OR ANY OF ITS SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT,
INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS,
BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM)
THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE
OR ANY LINKED WEBSITE, EVEN IF Omnigarde IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Caution regarding outdated material
We wish to caution you not to place undue reliance on material contained in this web site or in
linked documents. These documents speak only as of the date on which they were initially published. We
will not undertake and specifically decline any obligation to update these materials to reflect either
circumstances after the date of the materials or the occurrence of events which may cause us to
re-evaluate such materials.
Changes
Omnigarde reserves the right, at its sole discretion, to change, modify, add or remove any portion of
the Site or the legal terms applicable to the Site in whole or in part, at any time. Those changes will be
effective when notice of such change is posted. Your continued use of the Site after any changes to the
Site or these legal terms are posted will be considered acceptance of those changes.
Omnigarde may terminate, change, suspend or discontinue any aspect of the Omnigarde Site, including
the availability of any features of the Site, at any time. Omnigarde may also impose limits on certain
features and services or restrict your access to parts or all of the Site without notice or liability.
Omnigarde may terminate the authorization, rights and license given above and, upon such termination, you
shall immediately destroy all Materials.
International Users and Choice of Law
This Site is controlled, operated and administered by Omnigarde from its offices within the United
States of America. Omnigarde makes no representation that materials at this site are appropriate or
available for use at other locations outside of the United States and access to them from territories
where their contents are illegal is prohibited. You may not use the Site or export the Materials in
violation of U. S. export laws and regulations. If you access this Site from a location outside of the
United States, you are responsible for compliance with all local laws. These Terms and Conditions of use
shall be governed by the laws of the Commonwealth of Massachusetts, without giving effect to its conflict
of laws provisions.
This Agreement constitutes the entire agreement between Omnigarde and you with respect to your use of
the Site. Any cause of action you may have with respect to your use of the Site must be commenced within
one (1) year after the claim or cause of action arises. If for any reason a court of competent
jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision
shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the
remainder of this Agreement shall continue in full force and effect.
