Portions of the Site may contain or display information and other material supplied by third parties and you are subject to their rights separate and apart from the rights of OmniTRAX. (“Third Party Content”). You agree to comply with all copyright notices, information, licensing terms or other restrictions provided below under the heading Third Party Terms, or contained in or provided with Third Party Content (collectively, “Third Party Terms”).
Revisions and Errors
Additionally, the Site may contain technical, factual, typographical or other inaccuracies or errors, and which may include errors in software embedded in the Site or offered for download. OmniTRAX may at any time make corrections, improvements and changes to the information, service(s), software or other product(s) provided or described in the Site, and reserves the right to remove any of them at any time without notice.
Intellectual Property Notice
Copyright © 1995 – 2014 OmniTRAX. All rights reserved.
Except as specifically permitted herein, no portion of the information on this Site may be reproduced in any form or by any means without the prior written permission of OmniTRAX. Trademarks, service marks, and trade names displayed on this Site are the property of their respective owners.
Third Party Content is subject to separate copyright and other intellectual property notices stated in the Third Party Terms below.
OmniTRAX Limited License
Use of OmniTRAX Content. “OmniTRAX Content” includes any content in any form that is supplied by OmniTRAX only. Content supplied in whole or in part by Third Party Suppliers are supplied subject to the applicable Third Party Terms separate and apart from this OmniTRAX Limited License.
Except as may be otherwise provided elsewhere on this Site, you may view, copy, print, and distribute OmniTRAX Content available on this Site subject to the following conditions:
- OmniTRAX Content may be used solely for personal informational purposes and, except solely for business purposes in support of your business relationship with OmniTRAX, for non-commercial purposes only;
- OmniTRAX Content may not be modified or altered in any way;
- OmniTRAX Content shall not be copied onto your or any other party’s World Wide Web site or other publicly available repository of information;
- OmniTRAX Content shall not be included in or with any product that you distribute to third parties, nor shall they be used to create derivative works;
- Any copy of any OmniTRAX Content or portion thereof must include one or more rights notice as specified below. If the OmniTRAX Content contains no Third Party Content whatsoever, use the following notice (“OmniTRAX Notice”):
- If the OmniTRAX Content contains any Third Party Content, your right, if any, to reproduce such Third Party Content is governed by the applicable Third Party Terms.
- OmniTRAX reserves the right to revoke your OmniTRAX Limited License at any time without prior notice or liability. Upon written or electronic notice from OmniTRAX revoking your license you shall immediately discontinue any use.
- No License for Design and Layout, Trademarks. Absolutely no license is granted to the design or layout of this Site (including without limitation, individual design and graphic elements), or any trade-marks or trade names used in this Site. Such elements are protected by copyright, Trademarks, service marks, and other laws and may not be used, copied or imitated in whole or in part. Trademarks, service marks, are the property of their respective owners.
- Provisions Not Exclusive. The provisions of this OmniTRAX Limited License are not exclusive. They are supplemented by and must be read together with applicable provisions under the heading Disclaimers, Limitation, Exclusions below.
Third Party Terms
- Subject to any specific Third Party Terms provided together or in conjunction with Third Party Content, the following provisions shall apply:
- Third Party Content. You acknowledge that the Third Party Content displayed or available through the Site contains information and other material that is protected by copyright, trademark or other proprietary rights of third party content providers. You agree to comply with any additional copyright notices, information, or restrictions contained in any Third Party Content. You may not publish, transmit, transfer or sell, reproduce, distribute, perform, display, or in any way exploit any of the Third Party Content, in whole or in part. You may not sublicense any Third Party Content to any third party or use the Third Party Content in any other media or in any location other than at the Site. You may not alter the Third Party Content in any way or create any derivative works from the Third Party Content.
- Termination of Access to Third Party Content. OmniTRAX’s licensors and suppliers reserve the right, at their discretion, to restrict, suspend or terminate your access to all or any part of Third Party Content at any time for any reason without prior notice or liability. OmniTRAX’s licensors and suppliers may change, suspend or discontinue all or any aspect of Third Party Content, including the availability, without prior notice or liability.
- Provisions Not Exclusive. The provisions set out under the heading Third Party Terms are not exclusive. They are supplemented by and must be read together with applicable provisions under the heading Disclaimers, Limitation, Exclusions below.
Disclaimers, Limitations, Exclusions
Disclaimer of Warranties. NEITHER OMNITRAX NOR ITS LICENSORS OR SUPPLIERS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. OMNITRAX AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTY, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT WITH RESPECT TO (1) THE SITE, ANY THIRD PARTY SITE (COLLECTIVELY, “THE SITES”) AND (2) ANY CONTENT INCLUDING WITHOUT LIMITATION, THIRD PARTY CONTENT, OMNITTRAX DOCUMENTS AND OTHER CONTENT (COLLECTIVELY, “ALL CONTENT”). THE AVAILABILITY OF ALL CONTENT DEPENDS ON MANY FACTORS, INCLUDING OMNITRAX’S CONNECTION TO THE INTERNET, THE AVAILABILITY OF THE INTERNET AND THE INTERNET BACKBONE, AND EQUIPMENT THAT, BY ITS NATURE, IS NOT FAULT TOLERANT. OMNITRAX AND ITS LICENSORS MAKE NO GUARANTEE OF ACCESS OR ACCURACY OF ANY CONTENT. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITES AND THE ACCURACY OR COMPLETENESS OF ALL CONTENT IS ASSUMED SOLELY BY YOU.
Limitation of Liability. IN NO EVENT SHALL OMNITRAX OR ITS LICENSORS OR SUPPLIERS HAVE ANY LIABILITY FOR ANY LOST PROFITS OR LOST DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY TO YOU. THESE LIMITATIONS SHALL APPLY WHETHER OR NOT OMNITRAX OR ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE FOREGOING LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK.
No Confidential Information. Except strictly as may be expressly provided in a specific separate agreement between OmniTRAX and you, OmniTRAX does not want to receive confidential or proprietary information from you through this Site. Accordingly, you agree that any information or material received by OmniTRAX in this manner will be deemed to be not confidential. OmniTRAX cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.
Third Party References or Linked Sites. OmniTRAX assumes no responsibility for errors or omissions in the information or software or other documents which are referenced by or linked to this Site. References or links to other parties’ World Wide Web sites, or such parties’ activities, services and products, are provided “AS IS” without warranty of any kind, either express or implied. Any such links are provided only as a convenience, and the inclusion of a link to a particular site does not imply that OmniTRAX endorses or has investigated or verified the content of that site.
Information Disclosed. Information disclosed under the corporate and securities laws of jurisdictions applicable to OmniTRAX is not intended to be in any way qualified, amended, modified or supplemented by the information otherwise available in, through or on the Site. OmniTRAX makes no representation that materials or information available on the Site are appropriate or available for use in other jurisdictions, and accessing them from jurisdictions where their contents are illegal is prohibited.
Governing Law and Jurisdiction
The Site is controlled by OmniTRAX from its offices located in Denver, CO. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site including its content shall be governed by the laws applicable in the State of Colorado, without regard to the conflicts of laws principles thereof. You and OmniTRAX also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts with jurisdiction in Colorado with respect to such matters.