Omega Terms of Service
Hi, this is Omega!
We've drafted these Terms of Service (which we simply call the "Terms") so that you'll know the rules that govern our relationship with you. By using the Services, you agree to the Terms.
The App and the Service are owned and operated by EXU(HK) Limited. (“Omega,” “we,” or “us”) and are accessed by you under the Terms of Service described herein (“Terms of Service” or “Agreement”). Please read these Terms of Service carefully before using the App or the Service. By accessing the App or using any part of the Service, you agree to become bound by these terms and conditions. If you do not agree to all these terms and conditions, then you may not access the App or use the Service. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.
ARBITRATION NOTICE: WE WANT TO LET YOU KNOW UPFRONT THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND Omega AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND Omega WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Who Can Use the Services
No one under 18 is allowed to create an account or use the Services.
By using the Services, you state that:
- - You can form a binding contract with Omega;
- - You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity. If you are using the Services on behalf of an entity of the United States Government or Chinese Government, you agree to the Amendment to Omega Terms of Service for the United States Government and Chinese Government Users.
No one under 18 is allowed to create an account or use the Services.
You hereby warrant that you are at least 18 years old. Our services are not intended for—and we don’t direct them to—anyone under 18. Anyone under 18 is not allowed to use our Services. Therefore we do not collect the user information of anyone under the age of 18. In the event that the information you provide in this regard is not truthful, Omega shall not be liable as it cannot verify the age of its users. If you are under 18 years old, do not attempt to register or use the App or the Service. If you are under the age of 18, you may NOT use the Service, with or without the approval of a parent or guardian.
2. Rights We Grant You
Omega grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Service's benefits in a way that these Terms and our usage policies.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.
3. Rights You Grant Us
Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. How broad that license is depends on which Services you use and the Settings you have selected.
For all Services, you grant Omega a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.
Because Local is inherently public and chronicle matters of public interest, the license you grant us for content submitted to those Services is broader. In addition to the rights you grant us in connection with other Services, you also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display content submitted to Local or any other crowd-sourced Services in any form and in any and all media or distribution methods (now known or later developed). To the extent it's necessary, you also grant Omega and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, Local content that you upload or send. This means, among other things, that you will not be
entitled to any compensation from Omega or our business partners if your name, likeness or Local.
While we're not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms. You alone though remain responsible for the content you create, upload, post, send, or store through the Service.
The Services may contain advertisements. In consideration for Omega letting you access and use the Services, you agree that Omega, its affiliates, and third-party partners may place advertising on the Services.
We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you.
4. The Content of Others
Much of the content on our Services is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although Omega to the best of our resources and abilities will review all content that appears on the Services and to remove any content that violates these Terms, we cannot—and do not—take responsibility for any content that others provide through the Services.
Through these Terms, we make clear that we do not want the Services put to bad uses. But because we may not have the ability and resource to review every single piece of content on the Services, we cannot guarantee that content on the Services will always conform to our Terms.
We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any content contributed by users or endorse any of the opinions expressed therein. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. You acknowledge that any reliance on User Contributed Content of any Omega user will be at your own risk.
6. Respecting Other People's Rights
Omega respects the rights of others. And so should you. You therefore may not upload, send, or store content that:
- - asks or offers sexually explicit images or engage in any activity harmful to minors or otherwise violates these terms.
- - violates or infringes someone else's rights of publicity, privacy, copyright, trademark, or other intellectual-property right;
- - bullies, harasses, or intimidates;
- - defames; or spams or solicits Omega's users;
- - is inappropriate to other users or illegal, including, but not limited to, anything that is defamatory, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, hateful, or promotes violence, discrimination, bigotry, racism, or hatred, as determined by Omega in its sole discretion;
- - introduces viruses, time-bombs, worms, cancelbots, Trojan horses and/or other harmful code, - is reverse look-up or trace any information of any other User or visitor or otherwise use the Services for the purpose of obtaining information of any User or visitor;
- - attempts to gain unauthorized access to any portion of the Services, or any systems or networks by hacking, password "mining" or any other illegitimate means;
- - uses any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any manual process to access, acquire, copy or monitor any portion of the Services or any data or materials contained therein or obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the System;
You must also respect Omega's rights. These Terms do not grant you any right to:
- - use branding, logos, designs, photographs, videos, or any other materials used in our Services;
- - copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms;
- - use the Services or any content on the Services for any commercial purposes without our consent.
In short: You may not use the Services or the content on the Services in ways that are not authorized by these Terms. Nor may you help or enable anyone else in doing so.
We reserve the right at all times (but will not have an obligation) to permanently ban any accounts found to be in violation of our Terms with at any time, and to remove or refuse to distribute any content contributed by Omega users, such as content which violates these Terms of Service. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to :
- - satisfy any applicable law, regulation, legal process or governmental request;
- - enforce these Terms of Service, including investigation of potential violations hereof;
- - detect, prevent, or otherwise address fraud, security or technical issues;
- - respond to member support requests, or protect our rights, property or safety, and that of our users and the public.
We will not be responsible or liable for the exercise or non-exercise of this right under these Terms of Service.
You understand that by using or accessing the App or the Service you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any content or communications, including, but not limited to, any errors or omissions in any form of User Contributed Content, or any loss or damage of any kind incurred as a result of the use of any Omega content or content posted by users which are posted, emailed, transmitted or otherwise made available on the App or through the Service.
7. Respecting Copyright
You agree to only upload, post, submit or otherwise transmit User Contributed Content: (i) that you have the lawful right to use, copy, distribute, transmit, or display; and (ii) that does not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity). Omega respects the legal rights of others, and asks that its users do the same.
Omega honors the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if Omega becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user's account.
If you file a notice with our Copyright Agent, must:
- - contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- - identify the copyrighted work claimed to have been infringed;
- - identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
- - provide your contact information, including your address, telephone number, and an email address;
- - provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- - provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We try hard to keep our Services a safe place for all users. But we can't guarantee it. That's where you come in. By using the Services, you agree that:
- - You will not use the Services for any purpose that is illegal or prohibited in these Terms.
- - You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user's information.
- - You will not use or develop any third-party applications that interact with the Services or other users' content or information without our written consent.
- - You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
- - You will not use or attempt to use another user's account, username, or password without their permission.
- - You will not solicit login credentials from another user.
- - You will not post content that contains pornography, graphic violence, threats, hate speech, guns or other weaponry, or incitements to violence.
- - You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
- - You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
- - You will not probe, scan, or test the vulnerability of our Services or any system or network.
- - You will not encourage or promote any activity that violates these Terms.
We have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and App security issues, to the fullest extent of the law.We will also fiercely honor and assist any legal investigations requested by any parties of the law enforcement agencies. We may involve and cooperate with law enforcement authorities in prosecuting Omega users who violate these Terms of Service. You acknowledge that we have the right to monitor your access to or use of the App and/or the Service for operating purposes, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. And never put yourself or others in harm's way.
9. Your Account
You are responsible for any activity that occurs in your account. So it's important that you keep your account secure. One way to do that is to select a strong password that you don't use for any other account.
By using the Services, you agree that, in addition to exercising common sense:
- - You will not create more than one account for yourself.
- - You will not create another account if we have already disabled your account, unless you have our written permission to do so.
- - You will not buy, sell, rent, or lease access to your Omega account without our written permission.
- - You will not share your password.
- - You will not log in or attempt to access the Services through unauthorized third-party applications or clients.
10. Purchases and Payments
We may offer various friends making Services that you can purchase and use through the Services. You don't own these Services; instead you buy enough app virtual coins to use them. You'll always be shown the price for Services before you complete a purchase. But Omega does not handle payments or payment processing for any purchases; those are handled by third-party payment providers or service providers (such as, Apple's iOS Store and Google's Google Play Store, among others). Some third-party service providers may charge you sales tax, depending on where you live. Please check the third-party service provider's relevant terms for details.
Subject to any applicable additional terms and conditions, all purchases are final and non-refundable. And because our performance begins once you tap buy and we give you immediate access to your purchase, you waive any right you may have under EU or other local law to cancel your purchase once it's completed or to get a refund. BY ACCEPTING THESE TERMS, YOU AGREE THAT Omega IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON.
Some of the Virtual Products we offer are for one-time use only, while others are for repeated use. But please note that "repeated" does not mean "forever." We may change, modify, or eliminate Virtual Products at any time, with or without notice. You agree that we will bear no liability to you or any third party if we do so. If we suspend or terminate your account, you will lose any Products you purchased through the Services.
It's your sole responsibility to manage your purchases.
Omega does not transmit any funds and is not a money-services business. To the extent such functionality is made available in the Services, it is provided by an unaffiliated third party, and like any other third-party service, subject to that third party's separate Terms of Service.
Omega offers in-app purchases ("IAP") through iTunes, Google Play or other application platforms authorized by Omega. If you choose to make an IAP, you will be prompted to enter details for your account with your application platform, and your application platform account (e.g. iTunes Account) will be charged for the IAP in accordance with the terms disclosed to you at the time of purchase as well as the general terms for IAP that apply to your application platform account. Some application platforms may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription IAP, your application platform account will continue to be billed for the subscription until you cancel the IAP. After your initial subscription commitment period, and
again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you can do so within the Omega app or log in to your application platform account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Omega application from your device. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires. Deleting your account on Omega or deleting
the Omega application from your device does not cancel your subscription; Omega will retain all funds charged to your application platform until you cancel your subscription.
Generally, all charges for IAP are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds. For subscribers residing in the EU or European Economic Area, in accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.
To request a refund: If you subscribed using your Apple ID, refunds are handled by Apple, not Omega. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit "Report Problem". You can also submit a request at https://getsupport.apple.com.
If you subscribed using your Google Play Store account: please contact Google Play customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet).
In order to reward Users for certain activities, OMEGA may give you the opportunity to earn, and use credits in OMEGA’s in-app virtual currency (“Coins”) that may be used to acquire virtual goods and services solely with the Services. Coins are not real money, do not have monetary value, and may never be redeemed for “real world” money, or other items of monetary value from outside the Services without our written permission. While we may use terms like “earn”, “trade-in”, or “cash-out” in reference to the Coins, we do so only for convenience and such terms in no way indicate that Coins have monetary value or are real money. You acknowledge that Coins are not real currency and are not redeemable for any sum of money from us at any time.We make no guarantee as to the nature,
quality, or value of the features of the Services or any third-party good or services that will be accessible through the use of Coins, or the availability or supply of Coins. Coins obtained via the Services are provided to you under a limited, personal, revocable, non-transferable, non-sublicenseable license to use within the Services.
Coins may not be transferred to other accounts or resold in any manner, including, without limitation, by means of any direct sale or auction service. You have no property interest, right or title in or to any Coins appearing or originating in the Services or any other attributes associated with use of the Services. Any “virtual currency” balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. All Coins are forfeited if your account or access to the Services is terminated or suspended for any reason, in our sole and absolute discretion, or if we discontinue availability of some or all of the Services. We may at any time expire free or promotional Coins given to you.
We have no liability for hacking or loss of your Coins or any goods or services obtained using Coins. We have no obligation to, and will not, reimburse you for any Coins that are lost due to your violation of these Terms. We reserve the right, without prior notification, to limit the quantity of Coins and to refuse to provide you with any Coins. Price, exchangeability and availability of Coins are determined by us in our sole discretion and are subject to change without notice. You agree that we have the absolute right to manage, distribute, regulate, control, modify, or eliminate Coins as we see fit in our sole discretion, and that we will have no liability for exercising such right. You agree that under no circumstances are we liable to you for any damages or claims that may
arise from the loss or use of your Coins regardless of the circumstances.
User inactivity - If your account remains inactive for 3 consecutive months, all of your free virtual Coins may be frozen. To unfreeze any such virtual Coins, you must email us and request that we unfreeze your free virtual Coins. Upon receipt of your request and review of your information, we will unfreeze your free virtual Coins as soon as possible.
You absolve us of any responsibility to maintain or update your account Coins balance. However, if there is a loss of Coins in your account due to technical or operational problems with the Services, we will refund the lost Coins once the loss has been verified. Without limiting any of the foregoing, our maximum liability or responsibility to you is to refund the Coins lost. You may from time to time be presented with opportunities to redeem Coins. We will, in our sole discretion, determine and communicate the availability and exchange rate for any Coins, which may be modified at any time. We reserve the right to cancel, restrict or terminate Coins at any time for any reason. All redemptions are subject to these Terms and all limitations and requirements stated via the
Services. All acquisitions and redemptions of Coins are final. Once Coins have been lost or spent, they will be subtracted from your account and cannot be refunded or returned, except in our sole discretion.
12. Data Charges and Mobile Phones
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you're unsure what those charges may be, you should ask your service provider before using the Services.
13. Third-Party Services
If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party's terms will govern the respective party's relationship with you. Omega is not responsible or liable for those third party's terms or actions taken under the third party's terms.
14. Modifying the Services and Termination
We're relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.
Omega may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity or inappropriate behavior, and we may reclaim your username at any time for any reason.
Both you and Omega continue to be bound by Sections 3, 6, 10, 13-21 of the Terms.
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Omega, our directors, officers, employees, and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE Omega ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY Omega CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
Omega TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH Omega WILL BE RESPONSIBLE FOR.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Omega AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF Omega HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Omega'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE
GREATER OF $100 USD OR THE AMOUNT YOU PAID Omega, IF ANY, IN THE LAST 12 MONTHS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
18. Arbitration, Class Waiver, and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH Omega, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
- - Applicability of Arbitration Agreement. All claims and disputes arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Omega are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
- - Arbitration Rules.United States Arbitration Law governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the United States International Economic and Trade Arbitration (“USIETAC”). If the USIETAC is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms.
- - Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
- Authority of the Arbitrator..The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Omega. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The
arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Omega.
- - Waiver of Class or Consolidated Actions.ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration.
- - Confidentiality. No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
- - Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
- - Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor Omega can force the other to arbitrate. To opt out, you must notify Omega in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your Omega username and the email address you used to set up your Omega account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement.
- - Small Claims Court. Notwithstanding the foregoing, either you or Omega may bring an individual action in small claims court.
- - Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Omega.
19. Choice of Law
Except to the extent they are preempted by the laws of the United States, other than its conflict-of-laws principles, govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
21. Additional Terms for Specific Services
Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services.
22. Final Terms
- - These Terms make up the entire agreement between you and Omega, and supersede any prior agreements.
- - These Terms do no create or confer any third-party beneficiary rights.
- - If we do not enforce a provision in these Terms, it will not be considered a waiver.
- - We reserve all rights not expressly granted to you.
- - You may not transfer any of your rights or obligations under these Terms without our consent.
- - These Terms were written in English and to the extent the translated version of these Terms conflict with the English version, the English version will control.
Omega welcomes comments, questions, concerns, or suggestions. Please send feedback to us