Welcome to the Omnimerc.com. Omnimerc.com ("Omnimerc", "we", or "us") provides our services to you (the "user", "customer" or "client") subject to the following terms of services (TOS). BY VISITING THIS WEBSITE (COLLECTIVELY, INCLUDING ALL CONTENT AVAILABLE THROUGH OMNIMERC.COM) AND BY ACCESSING AND/OR USING ANY OF THE SERVICES AND WEBSITES PROVIDED THROUGH OR IN CONNECTION WITH OMNIMERC, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND PROVISION OF THE TERMS OF SERVICES AND OUR CURRENT PRIVACY POLICY, WHETHER OR NOT YOU ARE A REGISTERED MEMBER. If you do not agree to any of these terms or any future Terms of Use, you should leave this website and discontinue use of our services immediately. If you wish to become a member and make use of Omnimerc's services, you must read this agreement and indicate your acceptance during the registration process.
As our business changes constantly, we may modify the terms of this Agreement from time to time and without prior notice. Any modification shall be effective upon posting by Omnimerc on the Website. Your continued use of the services and website (or any part thereof) following such change shall be deemed to be your acceptance of such change. Therefore, it is important that you review the terms of services regularly upon each use of our services to determine whether the terms have been changed. You can access this document at any time by selecting the terms of use link located at the bottom of the pages on the Omnimerc web site.
ELIGIBILITY
Use of our services is void where prohibited. By using Omnimerc Services, you represent and warrant that: all registration information you submit is truthful and accurate; you will maintain the accuracy of such information; you are 13 years of age or older; and your use of our services does not violate any applicable law or regulation. Your membership may be terminated without any warning, if we believe that you are less than 13 years of age.
Some of our Upgraded Services may charge a fee. By purchasing such services the user declares and represents that he/she is more than 18 years of age and that he/she has full legal capacity to complete such contractual action without need in any additional approvals or consents.
GENERAL USAGE
You accept sole responsibility for all of your activities using the Website, including your conduct on the site and any and all content you may submit, post or share via the Website. You will not use Omnimerc Services for any unauthorized or illegal purpose. You will be responsible for ensuring that you do not violate any laws of your jurisdiction, including but not limited to copyright laws.
CODE OF CONDUCT
While using any Omnimerc product or service, you agree not to: Restrict or inhibit any other visitor or member from using any Omnimerc product or service, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of the Omnimerc web site; Use any Omnimerc product or service for any unlawful purpose; Engage in spamming; Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any of the Omnimerc web site; Remove any copyright, trademark, or other proprietary rights notices contained in the Omnimerc web site; "Frame" or "mirror" any part of the Omnimerc web site without our prior written authorization; Harvest or collect information about visitors to or members of Omnimerc without their express consent.
While using Omnimerc products or services you agree to comply with all applicable laws, rules and regulations.
You agree to not use the Omnimerc Services to:
You acknowledge that Omnimerc may or may not pre-screen Content, but that Omnimerc and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Omnimerc Services. Without limiting the foregoing, Omnimerc and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that Omnimerc may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Omnimerc, its users and the public.
You understand that the Omnimerc Services and software embodied within the Omnimerc Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Omnimerc and/or content providers who provide content to the Omnimerc Services. You may not attempt to override or circumvent any of the usage rules embedded into the Omnimerc Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Omnimerc Services, in whole or in part, is strictly prohibited.
THE OMNIMERC WEBSITE
We reserve the right to modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
The materials that can be accessed from linked sites that are not maintained by us and so we are not responsible for the contents thereof. Any reference to a linked site or any specific third party product or service by name does not constitute or imply its endorsement by us, and you assume all risk with respect to its use.
Some areas of the Service may allow users to post feedback, comments, questions, and other information (user content). You may post or send reviews, comments, and other content so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, mass mailings or any form of "spam". We reserve the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party. By posting or submitting material, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, translate, modify, publish, create derivative works from, distribute, and displace such material. In connection with user content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, that you are at least 18 years of age, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
Omnimerc takes no responsibility and assumes no liability for any user content that you or any other users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any user content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. Omnimerc is not responsible for any public display or misuse of your user content. You understand and acknowledge that you may be exposed to user content that is inaccurate, offensive, indecent, or objectionable, and you agree that Omnimerc shall not be liable for any damages you allege to incur as a result of such user content.
If you are not satisfied with the site or do not agree to any terms or conditions of use of the site, your sole and exclusive remedy is to discontinue using the website. All content provided by Omnimerc on its web site is property of Omnimerc or its content suppliers and is protected by copyright, trademark, and other applicable United States and international copyright laws. Omnimerc.com logos, scripts, graphics and service names are trademarks, registered trademarks may not be used in connection with any product or service that is not Omnimerc. All trademarks appearing on its web site are the property of their respective owners who may or may not be affiliated with Omnimerc.
OMNIMERC SERVICES
Omnimerc provide users with access to information about businesses in their local communities as well as all over the world (as available). We also provide Web-related services including but not limited to, the formation, storage, designing, management, sharing and linking of media and/or files (collectively, including but not limited to text, user comments, messages, data, images, illustrations, audio and video). Some special features may be provided only to users who subscribe and pay for such Services.
THIRD PARTIES
The Omnimerc Website may contain third party content and links to third party websites that are not owned or controlled by Omnimerc. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party content or websites or any of their contents. In addition, Omnimerc will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Omnimerc from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave Omnimerc Website and to read the terms of services and privacy policy of other website that you visit.
LEGAL DISCLAIMER
By using the Website and/or our services, you expressly agree that use of the site at your sole risk. Neither Omnimerc nor its affiliates, employees, agents, third-party content providers, contractors, merchants, sponsors or the like (collectively, "Associates") warrant that use of the Website will be uninterrupted or error-free. Nor do they make any warranty as to the results that may be obtained from the use of the site, or as to the accuracy, reliability, completeness, or contents of any content, information, material, postings, or posting responses found on the site, any merchandise or services provided through the site, or any links to other sites made available on the site. The site and all content, material, information, postings, or posting responses found on the site are provided on an "AS IS or "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. Merchandises' price and availability are subject to the sellers or providers of those products. You should directly contact such providers or sellers for the most current information. Under no circumstances shall Omnimerc or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the Website.
CHARGED SERVICES AND RELATED INFORMATION
While most of our Services are free to Users, some of the Services offered require payments of fees. By signing up for Charged Services (services that require payment of fee), you shall pay all applicable fees, as described on the Website in connection with such Services. Omnimerc reserves the right to change its prices and at any time. You authorize Omnimerc directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information as provided while signing up for such Services.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay for any such taxes that might be applicable to your use of the Services and payment made by you to Omnimerc.
We will bill all charges automatically to your credit card if provided to us. Service fees will be billed at the beginning of your subscription or any renewal. Annual fees and charges for our services, and monthly fees once billed, are nonrefundable for the time has already passed (subject to applicable law). If you want to change your service, or change or update any other relevant account information, you may do so by send us a letter. If you believe someone has accessed Omnimerc using your user name and password without your authorization, you must immediately notify us via email.
Your subscription will renew automatically at the beginning of each subscription period (monthly, quarterly or annually), unless you terminate it. If Omnimerc does not receive a request for Charged Services Termination in writing to one of the addresses listed on the Website under “customer contact information,” you acknowledge and understand that Omnimerc will continue to charge you for the Charged Services as long as your account remains active regardless if the Charged Services are used or not.
You can cancel your subscription at any time by writing to us to one of the addresses listed on the Website. Cancellations take effect as of your next billing date. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card. Your subscription will renew automatically at the beginning of each subscription period (monthly, quarterly or annually), unless you terminate it.
By using our services, you that you have read, understood, and agree to be bound by this all the terms and conditions provided on this term of service and use agreement. You also agree that any domain name or hosting service that we purchase in providing you our services is the property of Omnimerc. If at any time you would like to own the domain that was purchased by us, you would contact us to inform your intention. The ownership of the domain will be transferred to you when we receive proper payment.
LINKS
The Omnimerc Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Omnimerc is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Omnimerc shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
INDEMNITY
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of our service, or the use by any other person accessing the Website using your Personal Information.
