I. Omnistar eTools
Install version (If software is installed on users
computer)
1. GENERAL SOFTWARE LICENSE
Each Software package purchased under this Agreement is licensed as a single
product intended to be run under one domain name. If the would like to run the software on multiple domains you must purchse a seperate license for each domain. You may not distribute copies of the Software or any accompanying
written materials to others, in an altered or original state.
You may not copy any written materials accompanying the Software without
express written authorization from Omnistar Interactive, LLC The Software (including but not limited to
any images, photographs, animations, audio, music, text, and anything
incorporated into the Software) is owned by Omnistar Interactive, LLC or its
suppliers and is protected by
In consideration of payment of the license fee,
which is part of the price of the Software, Omnistar Interactive, LLC grants to
You the nonexclusive right to use the software for
company/organizational/personal use. You may use the Software and/or code
generated by any eTools software component under only
one domain that is owned, operated and is controlled by your REGISTERED
LICENSED company, organization or personal identity. You are bound to this
Agreement during Your entire possession time span of this Software, in its
original or altered state. Omnistar reserves the rights to suspend, revoke or
terminate your license to use the software if these terms are violated. See
section 6 which discusses the License Agreement for termination procedures.
The trademarks, logos and service marks ("Marks") displayed on this
Site; Software and any accompanying written materials are the property of Omnistar
or other third parties. You are not permitted to use the Marks without the
prior written consent of Omnistar or such third party that may own the Marks.
2. WARRANTY / DISCLAIMER INFORMATION
UNLESS EXPRESSLY PROVIDED OTHERWISE IN A SEPARATE AGREEMENT BETWEEN YOU AND Omnistar
Interactive, LLC, ALL INFORMATION AND SOFTWARE ON AND FROM THIS SITE ARE
PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Omnistar
Interactive, LLC ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE
INFORMATION OR SOFTWARE OR OTHER DOCUMENTS AT, REFERENCED BY, OR LINKED TO THIS
SITE. YOU ASSUME THE ENTIRE RISK FOR THE RESULTS AND PERFORMANCE OF THE
SOFTWARE. ANY REFERENCES TO CORPORATIONS AND/OR LIMITED LIABILITY COMPANIES,
THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL Omnistar Interactive, LLC OR
ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE OR
ANY ACCOMPANYING WRITTEN MATERIALS BE LIABLE FOR ANY DAMAGES WHATSOEVER,
INCLUDING WITHOUT LIMITATION ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, LOSS
OF DATA, LOSS OF OTHER MATERIALS, LOSS OF PROFITS, BUSINESS OR OTHER WORK
INTERRUPTION, OR ANY OTHER PECUNIARY LOSSES, WHETHER OR NOT ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE, AND BASED ON ANY THEORY OF LIABILITY, ARISING OUT
OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE INFORMATION, SOFTWARE
OR OTHER MATERIALS OBTAINED FROM USING THIS SOFTWARE OR FROM THE PERFORMANCE OR
LACK OF PERFORMANCE OF THIS SOFTWARE.
HAS NO LIABILITY FOR ERRORS OR OBLIGATION TO UPDATE Omnistar
Interactive, LLC SOFTWARE WHICH COULD INCLUDE TECHNICAL OR OTHER INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN; Omnistar Interactive, LLC MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
SOFTWARE AND ANY OTHER PRODUCT(S) OR PROGRAM(S) DESCRIBED ON OUR SITE AT ANY
TIME. Omnistar Interactive, LLC HAS NO OBLIGATION TO NOTIFY YOU OF ANY CHANGES
OF THE SOFTWARE OR ANY OTHER PRODUCTS OR PROGRAMS. THESE CHANGES WILL BE INCORPORATED IN SOFTWARE
AT Omnistar Interactive, LLC' SOLE DISCRETION.
3.
REMEDIES.
In no event shall Omnistar Interactive, LLC's total
liability to you for any and all damages, losses, and causes of action arising
from or connected in anyway with this Agreement (including without limitation
liability in contract, tort or under any other legal theory) ever exceed the
INITIAL amount paid by You for the Software. INITIAL amount is defined as the
first payment to purchase the software and DOES NOT include other fees incurred
there after. This shall constitute Your sole and
exclusive remedy.
4. RENEWAL (If did not purchase
buy-out version)
License Renewal (Only applies to Omnistar Live Support Software)
Upon 1 year AFTER the initial Omnistar Live software purchase date, an annual Software License renewal fee (posted on the website and subject to change without notice) will be issued for your continued usage of the Software for the following year. Your license will need to be renewed on a regular yearly basis for continued Software usage. Failure to renew will result in termination of this License and you will be subject to the Termination guidelines set forth in this Agreement. Failure to comply will result in legal actions.
5. LAW
This License Agreement shall be construed, interpreted and governed by the laws
of the State of
6. TERMINATION.
This Agreement is effective IMMEDIATELY upon Your Software download and
Software transfer from Omnistar Interactive, LLC's
servers to your computer. Unless terminated sooner
by Omnistar Interactive, LLC, any license granted by this Agreement terminates
in accordance with the method and timeframes specified . Without prejudice to any other rights, Omnistar
Interactive, LLC may suspend, revoke, or terminate this Agreement if You fail to comply with any of its provisions. In such
event, You must immediately delete all copies and instances of Omnistar
Interactive, LLC's Software(s) from your possession
within 24 hours of Omnistar Interactive, LLC's
License Agreement termination notice. IF YOU FAIL TO COMPLY WITH OUR
TERMINATION PROCEDURE, LEGAL ACTIONS WILL BE TAKEN.
Omnistar eTools Hosted Version Terms (Applies to Hosted version)
The specific provisions of these Terms of Service and any Additional Terms related to each individual component product or service included in Omnistar eTools Network apply to Your use of all Omnistar eTools product.
Omnistar Interactive will use reasonable efforts to maintain any data and files You have stored on Omnistar etools servers for a period of thirty (30) days following the effective date of termination of Your subscription, but is not required to do so. Omnistar Interactive cannot control or warrant the behavior of the users or the management of the Omnistar etool service You have chosen to use. Your use of the Omnistar eTools You choose to use is at Your own risk and Omnistar disclaims any liability with regard to use of the Omnistar eTools service and any actions resulting from Your or any other party's participation in the Omnistar eTools services. Omnistar Interactive makes no guarantee about the reliability or accuracy of these products or services, or the results obtained from using Omnistar eTools. Omnistar Interactive will make a good faith effort to submit Your service requests to Omnistar eTools Network within a timely manner, however, Omnistar Interactive is not responsible for the timeframes followed by third party services.
Product Access Limits
With this hosted version of any Omnistar eTools products the total page views cannot exceed 200,000 per month. Omnistar Interactive reserves the right to cancel your service and charge necessary overage fees if your total page views exceed 200,000 per month.
CHANGES TO SERVICES,
TERMINATION BY Omnistar eTools Network
Omnistar Interactive, LLC may change any of the Omnistar eTools
services at any time and from time to time without notice, including
terminating the offering of any Omnistar eTools
service altogether.
Omnistar Interactive, LLC may terminate Your Omnistar
eTools account, Your access to Omnistar eTools or any of Your Omnistar eTools
services (in whole or in part) at any time, with or without cause, and with or
without notice. You may be barred from accessing any of Your Omnistar eTools services or from using the Omnistar eTools Network or from receiving any products, services or
benefits from Omnistar eTools, if Omnistar
Interactive, LLC determines You have violated these Terms of Service or any
Additional Terms, if You have failed to remit any applicable subscription fees
when due, if any representation or warranty made by You is untrue in any
respect or if Omnistar Interactive, LLC receives a court order or other legal
action relating to Your account. In addition, if You violate any of these Terms
of Service, or any applicable Additional Terms You will forfeit all in-kind
credits and any other amounts accruing to You (if any) in connection with the
Omnistar eTools Network and there will be no refund
of any fees prepaid by You. If You subscribe to a Omnistar eTools
service which is made up of one or more individual services and You violate the
Terms of Service applicable to one of such individual services, (1) Your use of
the particular individual service will be terminated, but the remaining service
may remain active and (2) there will be no refund (in whole or in part) of Your
annual fee for the Omnistar eTools service
terminated. In any event, you will be
responsible for all fees incurred during Your
subscription and payment of such fees shall be due immediately upon termination
of Your subscription.
3. LINKS TO THIRD PARTY SITES
Links may be included within the Omnistar eTools
Network. You acknowledge that the linked sites are not under the control of
Omnistar eTools and that Omnistar eTools
is not responsible for the contents or operation of such linked sites or any
link contained in such linked site, any changes or updates to such sites, or
Web casting or any other form of transmission received from any linked site.
Omnistar eTools is providing these links to You only as a convenience, and the inclusion of any link
does not imply endorsement by Omnistar eTools of the
linked site or any association with their operators.
4. LICENSE
YOU GRANT TO Omnistar eTools
Omnistar eTools does not claim ownership of the
materials You provide to Omnistar eTools (including
feedback and suggestions) or that You post, upload, input or submit in
connection with Your use of Omnistar eTools or any
Web site ("Your Web Site") created by You or on Your behalf in
connection with the use of Omnistar eTools
(collectively "Submissions"). However, You grant Omnistar eTools a royalty-free license to use (including, without
limitation, the rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate, sublicense and reformat Your
Submission, and to publish Your name in connection with Your Submission, in
connection with the operation and promotion of Omnistar eTools.
You also grant Omnistar eTools the right to publish Your name in connection with any such use. No compensation
will be paid or due You with respect to Omnistar eTools or its sublicensee's use
of the materials and submissions as licensed above. Omnistar eTools is under no obligation to post or use any materials
and submissions You may provide, and may remove such
materials at any time in Omnistar’s sole discretion.
By posting messages, uploading files (including graphics), inputting data,
submitting any feedback or suggestions, or engaging in any other form of
communication with or through the Omnistar eTools
Network, You represent and warrant that You own or otherwise control the rights
necessary to do so and grant Interactive, LLC and its eTools
Network the license set forth above, and You will defend, indemnify and hereby
hold harmless Interactive, LLC and its eTools Network
and its suppliers from any third party claims, litigation and/or legal action
related to a breach of any of the foregoing representations or warranties.
You grant Omnistar Interactive, LLC and its eTools Network permission to use screen shots of any Web
page that contains a link to Omnistar eTools Nwtwork or Omnistar eTools HTML
code in Omnistar eTools promotional materials, and
represent and warrant that You have sufficient
authority to grant the foregoing rights.
5. SOFTWARE AVAILABLE ON THE Omnistar eTools NETWORK
Software (if any) that is made available to download from or otherwise use
through the Omnistar eTools Network, excluding
software that may be made available by third parties via Omnistar eTools, ("Software") is the copyrighted work of
Omnistar eTools and/or its suppliers. Your use of the
Software is governed by these Terms of Service, and the applicable Additional
Terms, and the terms of the end user license agreement, if any, which
accompanies or is included with the Software ("License Agreement").
To the extent that the License Agreement conflicts with the Terms of Service or
Additional Terms, the terms of the License Agreement shall govern Your use of the Software. You may not install or use any
Software that is accompanied by or includes a License Agreement unless You first agree to the License Agreement. For any Software
not accompanied by a license agreement, Interactive, LLC and its eTools Network hereby grants to You, the user, a personal,
non-exclusive, non-transferable license to use the Software for viewing and
otherwise using the particular Omnistar eTools Web
Site or Omnistar eTools service in accordance with
the License Agreement, the Terms of Service and Additional Terms and for no
other purpose. In addition, You shall keep intact all
and may not alter any copyright and other proprietary notices contained in such
Software. All Software is owned by Interactive, LLC and its eTools
Network and/or its suppliers, and is protected to the maximum extent permitted
by copyright laws and international treaty provisions. Any reproduction or
redistribution of the Software is expressly prohibited, and may result in
severe civil and criminal penalties. Persons violating the foregoing, or who
otherwise misappropriate any intellectual property or proprietary rights
related to the Software may be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY
OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR
OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY SOFTWARE
PROVIDED HEREUNDER. You acknowledge that the Software, and any accompanying
documentation and/or technical information, is subject to applicable export
control laws and regulations of the
6. LIMITATIONS OF LIABILITY AND DISCLAIMERS
The information, software, products, services and other material included in or
available through the Omnistar eTools Network may not
be complete, and may include inaccuracies or errors, and may also be modified,
discontinued or deleted from time to time without notice. Advice, information,
products, services or other materials received via the Omnistar eTools Network should not be relied upon for personal,
medical, legal, business, financial or other decisions and is not intended to
replace the advice of appropriate and qualified professionals. You acknowledge
that You should consult an appropriate professional
for specific advice tailored to Your situation.
Your access to and use of the Omnistar eTools Network, and products and services of Omnistar eTools, is at Your own risk. Interactive,
LLC and its eTools Network makes no guarantees of any
kind regarding the dependability, accuracy, security, timeliness or
availability of the Omnistar eTools Network, or such
products or services. Without limiting the foregoing, NEITHER OMNISTAR
Interactive, LLC and its eTools Network NOR ITS
RESPECTIVE SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE
CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY,
TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
MATERIALS CONTAINED IN the Omnistar eTools Network FOR ANY PURPOSE. ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. OMNISTAR ETOOLS AND ITS RESPECTIVE SUPPLIERS
HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR
IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR
MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL OMNISTAR Interactive, LLC and
its eTools Network OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:
- DAMAGES FOR LOSS OF USE,
DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF the Omnistar eTools
Network OR RELATED SERVICES, OR
- WITH THE DELAY OR
INABILITY TO USE Omnistar eTools OR RELATED
SERVICES;
- THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH the Omnistar eTools Network; OR
- DAMAGES OTHERWISE
ARISING OUT OF THE USE OF the Omnistar eTools
Network, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF OMNISTAR INTERACTIVE, LLC and its eTools
Network OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. THEREFORE IF YOU ARE IN SUCH A STATE/JURISDICTION AND ARE DISSATISFIED
WITH ANY PORTION OF the Omnistar eTools Network,
OR WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOU AGREE
THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Omnistar eTools NETWORK AND ITS RELATED SERVICES AND PRODUCTS.
Without limiting the foregoing, Omnistar Interactive,
LLC and its eTools Network is not responsible for any
of Your data residing on Omnistar eTools Network
hardware or systems, including such hardware or systems provided to Omnistar eTools by third parties. You are responsible for
maintaining and backing-up Your data and information that may reside on the Omnistar
eTools Network hardware or systems, including such
hardware or systems provided to Omnistar eTools by
third parties, whether or not such information is produced through the use of
the Omnistar eTools Network, including any
information regarding the operation or use of Your Web site, catalogs, lists,
order records, and other information You are providing or using in connection
with Your use of the Omnistar eTools Network. It is Your responsibility to take the necessary steps to ensure
Your primary means of business is maintained. Omnistar Interactive, LLC and its
eTools Network will not be liable for any damage,
loss or disclosure of data, accounts, revenue or business arising out of or
otherwise related to: (a) Your use of the Omnistar eTools
Network, its services or products; (b) Your customers' use of Your Web site
hosted by or created through Omnistar eTools and Your
products and services; (c) use of the Omnistar eTools
Network by any other party to whom You have given access to Your company
information for use of the Omnistar eTools Network;
(d) errors, bugs or other defects in the Omnistar eTools
Network; (e) lost company, customer or vendor information (e.g., billing
information, credit card numbers, lost orders, etc.); (f) illegal or criminal
activities, including but not limited to reliance on any information obtained
on the Omnistar eTools Web Hosting service; or (g) resulting
from mistakes, omissions, interruptions, deletion of files or e-mail, loss of
or damage to data, errors, defects, viruses; delays in operation, or
transmission, or any failure of performance; whether or not limited to acts of
God, communications failure, theft, destruction or unauthorized access to
Omnistar eTools's records, programs or services. You
are solely responsible for maintaining and backing-up any information regarding
the operation or use of Your Web site, catalogs, lists, order records, and
other information You are providing or using in connection with Your use of the
Omnistar eTools Network.
Omnistar Interactive, LLC and its eTools Network is not liable for Your actions with Your
customers or vendors, or the use of their information, or for any other actions
arising from Your use, or the use of other parties to whom You have given
access to Your Omnistar eTools information, through
the use of the Omnistar eTools Network.
Omnistar Interactive, LLC and its eTools Network is not involved in any transaction between
You and Your buyer or seller or other third parties with whom you may have
transactions through Your Web site or between You and any user of any products
or services offered or provided by You or by a third party through the Omnistar
eTools Network. Omnistar Interactive, LLC and its eTools Network is not responsible for screening, censoring
or otherwise controlling Your Web Site, or any listings or transactions offered
or conducted via Your Web Site. You are deemed to have a direct commercial
relationship with each third party that purchases goods or services from or
undertakes any other transaction with You via Your Web site or through Omnistar
Interactive, LLC and its eTools Network. Omnistar
Interactive, LLC and its eTools Network is not acting
as Your or any third party's agent in connection with
the operation of Omnistar eTools. You are solely
responsible for: (a) processing customer orders or other transactions; (b)
verifying the validity of incoming customer orders before finalizing the order;
(c) informing customers of the status of such orders or transactions; (d)
providing all customer support related to such orders or transactions (e.g.,
lost orders, billing disputes, payments, etc.); and, (e) determining,
collecting and remitting to the appropriate authority all taxes (if any)
arising from or related to such orders or transactions. Further, because Omnistar
Interactive, LLC and its eTools Network is not
involved in any orders or other transactions between You and other users of
Omnistar eTools or other marketplace forums, Omnistar
Interactive, LLC and its eTools Network ` cannot and
will not be involved in resolving any disputes relating to any completed or
uncompleted transactions or the purchase or sale of listed goods or otherwise.
Unless otherwise expressly stated in these Terms
of Service, Your payments for orders or transactions conducted via Your Web
Site or on any Omnistar eTools service will be paid
to You directly from Your designated acquiring bank, customers or other
appropriate source ("payor"). Omnistar
Interactive, LLC and its eTools Network is not
responsible for such payment, and will have no liability for any lost, disputed
or fraudulent payment or tenders of payment, or other disputes arising between
You and customers or payors. Omnistar Interactive,
LLC and its eTools Network makes no guarantee about
the reliability or accuracy of these products or services, or the results
obtained from using Omnistar eTools or the Omnistar eTools Network.
7. INDEMNITY
You agree to defend, indemnify and hold Omnistar Interactive, LLC and its eTools Network and its suppliers harmless from and against
any and all claims, losses, liability costs and expenses (including but not
limited to attorneys' fees) arising from Your violation of these Terms of
Service (including, without limitation, violation of applicable Additional
Terms), or any third-party's rights, (including, without limitation,
infringement of any copyright, violation of any proprietary right and invasion
of any privacy rights). These obligations will survive any termination of Your relationship with Omnistar Interactive, LLC and its eTools Network or Your use of Omnistar eTools
and the Omnistar eTools Network.
8. ACCESS RESTRICTION; ACCOUNT SECURITY AND
PASSWORDS
Omnistar Interactive, LLC and its eTools Network reserves
the right to deny in its sole discretion any user access to Omnistar
Interactive, LLC and its eTools Network or any
portion thereof without notice.
You are responsible for safeguarding the
confidentiality of Your account information (including password(s) and user
name(s) issued to You) and for any use or misuse of Your account or the
Omnistar eTools Network resulting from any third
party using a password or user name issued to You. You agree to notify Omnistar
Interactive, LLC and its eTools Network immediately
of any known or suspected unauthorized access to or use of Your
account, Your password, the password of any individual user to whom You have
issued a login ID or any other breach of security or misuse of the Omnistar eTools Network known to or suspected by You. You may change
Your password at any time by following instructions on
the Omnistar eTools Web site.
You hereby authorize Omnistar Interactive, LLC and
its eTools Network to rely on any data, notice,
instruction or request furnished by You to Omnistar
Interactive, LLC and its eTools Network, or that Omnistar
Interactive, LLC and its eTools Network reasonably
believes to have been furnished by You. You are solely responsible for
maintaining the confidentiality of Your account
information and monitoring usage of Your account. Omnistar eTools
is not responsible for fraud of participants or of other users of Your account.
9. YOUR CUSTOMER DATA
Omnistar Interactive, LLC and its eTools Network will
only use Your customer data for maintaining your
account for internal purposes and will not provide such data to any other third
party.
10. GENERAL
If You have made this agreement with Omnistar
Interactive, LLC and its eTools Network, these Terms
of Service and the Additional Terms are governed by the laws of the State of
You agree that no joint venture, partnership,
employment, or agency relationship exists between You
and Omnistar Interactive, LLC and its eTools Network
as a result of these Terms or Service or use of Omnistar eTools.
Omnistar Interactive, LLC and its eTools Network performance of this agreement is subject to
existing laws and legal process, and nothing contained in these Terms of
Service are in derogation of Omnistar Interactive, LLC and its eTools Network right to comply with governmental, court and
law enforcement requests or requirements relating to Your use of the Omnistar eTools Network or information provided to or gathered by
Omnistar eTools with respect to such use.
If any part of these Terms of Service or the
Additional Terms is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of these
Terms of Service and the Additional Terms shall continue in effect.
Unless otherwise specified herein, these Terms of
Service, the Additional Terms and the Privacy Statement constitute the entire
agreement between the user and Omnistar eTools with
respect to Omnistar eTools the Omnistar eTools Network and they supersede all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and Omnistar Interactive, LLC and its eTools Network with respect to the Omnistar eTools Network.
A printed version of these Terms of Service and of
any notice given in electronic form shall be admissible in any judicial or
administrative proceedings or relating to these Terms of Service to the same
extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. Omnistar
Interactive, LLC and its eTools Network may: (1)
generate print copies of its electronic records and introduce them in evidence
as original documents; and (2) use its electronic records to show and prove
Your agreement or consent in any manner, including without limitation, to show
that a procedure existed by which You must have provided consent or engaged in
conduct to obtain its services or Products.
The example companies, organizations, products,
people and events depicted within The Omnistar eTools
Network are fictitious. No association with any real company, organizations,
product, person or event is intended or should be inferred.
Omnistar Interactive, LLC and its eTools Network is not obligated to monitor the content on
the Omnistar eTools. Omnistar eTools
Network reserves the right to disclose any information, content, or materials
as necessary to satisfy any applicable law, regulation, legal process or
government. Omnistar eTools reserves the right to
edit, refuse to post or to remove any information, content, or materials, in
whole or in part, from the Omnistar eTools Web sites,
in Omnistar eTools's sole discretion, without notice
at any time.
Any rights not expressly granted herein are
reserved by Omnistar eTools, including all legal and
equitable remedies available to Omnistar eTools for
violation of any of these Terms of Service.
11. TERMS RELATED TO FEES AND BILLING
Some products and services available through or in
connection with Omnistar eTools require that You
purchase a subscription or otherwise pay a fee. You are solely responsible for
all charges, fees, duties, taxes, and assessments arising out of any use of
Your Omnistar eTools account by you or anyone else
using Your account. Omnistar eTools
reserves the right to modify the fees charged for Omnistar eTools
products and services from time to time, provided that such new fees shall not
take effect earlier than thirty (30) days after Omnistar eTools
notifies You via email or otherwise of such modified fees.
A. CHARGES ON YOUR
BILLING ACCOUNT
Omnistar Interactive, LLC and its eTools Network bills you through an online account (Your
"Billing Account") for services and items obtained through the
Omnistar eTools Network (the "Products").
You agree to pay Omnistar Interactive, LLC and its eTools
Network all charges at the prices then in effect for any Products ordered by
you or other persons (including Your agents) using Your Billing Account, and
you authorize Omnistar Interactive, LLC and its eTools
Network to charge Your chosen payment method (Your "Payment Method")
for such Products. You agree to make payment using that selected Payment
Method. Omnistar Interactive, LLC and its eTools
Network reserves the right to correct any errors or mistakes that it makes even
if it has already requested or received payment.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE
INFORMATION FOR YOUR BILLING ACCOUNT IN ORDER TO RECEIVE THE PRODUCTS ORDERED.
YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT,
COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER,
OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY Omnistar Interactive,
LLC and its eTools Network IF YOUR PAYMENT METHOD IS
CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH
OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR
PASSWORD. IF YOU FAIL TO PROVIDE OMNISTAR ETOOLS WITH ANY OF THE FOREGOING
INFORMATION, YOU AGREE THAT Omnistar Interactive, LLC and its eTools Network MAY CONTINUE CHARGING YOU FOR ANY PRODUCT
PROVIDED UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE PROPERLY TERMINATED YOUR
SUBSCRIPTION FOR SUCH PRODUCT (CONFIRMED IN WRITING).
Currency exchange settlements will be based on
Your Payment Method and may be determined by agreements between you and the
financial institution, credit card issuer or other provider (the "Payment
Method Provider") of Your chosen Payment Method. If Omnistar Interactive,
LLC and its eTools Networ does not receive payment from Your Payment Method Provider,
you agree to pay all amounts due on Your Billing Account upon demand.
Prices for all Products exclude all applicable
taxes and telecommunication charges, unless expressly stated otherwise. To the
extent permissible by law, you agree to be responsible for any applicable taxes
and telecommunication charges, whether or not such amounts are itemized on Your
Online Statement or charged to Your Billing Account or Payment Method.
If the amount to be charged to Your Billing
Account varies from the amount you preauthorized, you have the right to
receive, and Omnistar Interactive, LLC and its eTools
Networshall so provide, notice of the amount to be
charged and the date of the charge at least 10 days before the scheduled date
of the transaction. Any agreement you have with the Payment Method Provider
will govern Your use of Your Payment Method. You agree
that Omnistar Interactive, LLC and its eTools Network
may accumulate charges incurred and submit them as one or more aggregate
charges during or at the end of each billing cycle.
Omnistar Interactive, LLC and its eTools Network MAY SUBMIT PERIODIC CHARGES (i.e., MONTHLY)
WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE
(CONFIRMED IN WRITING) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO
CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED
BEFORE Omnistar Interactive, LLC and its eTools Network
REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT
METHOD, CONTACT THE OMNISTAR ETOOLS Network BILLING DEPARTMENT.
Your non-termination or continued use of the
Products on Your Billing Account reaffirms that Omnistar Interactive, LLC and
its eTools Network is authorized to charge Your
Payment Method. Omnistar Interactive, LLC and its eTools
Network may submit those charges for payment and you will be responsible for
such charges. Those submissions will not waive Omnistar Interactive, LLC and
its eTools Network right to seek payment directly
from you. Your charges may be payable in advance, in arrears, per usage, or as
otherwise described when you initially ordered the applicable Product.
B. DUE DATE; LATE
CHARGE; COLLECTION COSTS
The amount due to Omnistar Interactive, LLC and
its eTools Network for Your Billing Account must be
paid in full by Your Payment Method Provider on the date such payment is
requested by Omnistar Interactive, LLC and its eTools
Network, not later than 30 days after the billing date; you are not entitled to
carry forward a balance. You agree to pay late charges that may be assessed by Omnistar
Interactive, LLC and its eTools Network on amounts
due but not timely paid. You agree to pay all costs incurred in the enforcement
of these Terms of Use and in collection of any delinquent amounts due,
including reasonable attorneys' fees and costs.
C. DEFAULT
If Omnistar Interactive, LLC and its eTools Network does not receive payment for any charge to
Your Billing Account, you will be in default and Omnistar Interactive, LLC and
its eTools Network may suspend or cancel Your Billing
Account and Your access to any or all Omnistar eTools
Products. If Your Payment Method Provider seeks return of payments previously
made to Omnistar Interactive, LLC and its eTools
Network, but Omnistar Interactive, LLC and its eTools
Network in good faith believes that you are liable for the charge and
applicable law allows the Payment Method Provider to seek payment from you, you
will also be in default and Omnistar Interactive, LLC and its eTools Network may cancel Your Billing Account and Your
access to any or all Products. CANCELLATION OR SUSPENSION FOR DEFAULT MAY BE
MADE WITHOUT PRIOR NOTICE TO YOU AND UPON SUCH CANCELLATION OR SUSPENSION, Omnistar
Interactive, LLC and its eTools Network MAY STOP
DELIVERY OF ANY PRODUCT, AND ANY INFORMATION YOU HAVE STORED ON AN OMNISTAR
ETOOLS SERVICE MAY NOT BE RETRIEVED AT A LATER DATE.
D. TERMINATION,
CANCELLATION OR SUSPENSION; REFUNDS
Omnistar Interactive, LLC and its eTools Network may, in its discretion, terminate, cancel,
or suspend an accepted order if Omnistar Interactive, LLC and its eTools Network is notified that Your Payment Method has
expired or has been canceled, or if Omnistar Interactive, LLC and its eTools Network has reason to believe that any Billing
Account information provided to Omnistar Interactive, LLC and its eTools Network is untrue, inaccurate, not current or
incomplete. Termination, cancellation or suspension, whether by you or Omnistar
Interactive, LLC and its eTools Network, will not
alter Your obligation to pay all charges made to Your Billing Account before
such termination, cancellation or suspension (including charges made after
termination by you but before Omnistar eTools could
reasonably act on Your termination notice ). Subject to any withdrawal right
you may have under applicable law, You will not be entitled to any refunds upon
termination, cancellation or suspension unless these Terms of Service or the
cancellation policy on the cancellation policy page of the Omnistar eTools website expressly so provides.
If You notify Omnistar
Interactive, LLC and its eTools Network by phone at
or by email within 30-days of purchasing Omnistar Etools
products or services, fees pre-paid by You to Omnistar eTools
for Omnistar eTools products or services will be
credited back to Your payment method in accordance with the refund policy. Omnistar
Interactive, LLC and its eTools Network is not
required to refund directly to You any amounts paid
hereunder.
In the event that Omnistar Interactive, LLC and its
eTools Network terminates Your Omnistar eTools account or one or more of Your Omnistar eTools services for violation of these Terms of Service or
the Additional Terms, You will not be entitled to the return of any fees paid
with respect to any such terminated account service. Except as otherwise required
by law, the costs of any returns if permitted will be at Your expense.
All Omnistar eTools Network accounts may be terminated that include the following content or which have links to the following content:
- Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism or hatred.
- Adult and Child Pornography and/or graphic images and photos of nude individuals or groups.
- Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
- Displaying material that exploits children under 18 years of age.
- Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
- Exporting encryption software over the Internet or otherwise, to points outside the United States.
- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
- Web Cam's
- Casino sites or pages containing casino or online gambling functionality.
You represent and warrant that you are an
individual (or in the case of an entity, an agent of the entity) authorized to
use the designated Payment Method. You agree to pay for all charges (including
charges by other persons) and to comply with Your
responsibilities and obligations as stated in these Terms of Service. If you
are an agent of an entity, you represent and warrant that you are duly
authorized to legally bind the entity to all terms and conditions of these
Terms of Service and that you have made the entity aware of them. You agree not
to assign, transfer or sublicense any rights in Your Billing Account.
12. CANCELLATION POLICY
You acknowledge that if You cancel any subscriptions
to an Omnistar eTools product or service that You may
not be entitled to a refund of all or part of amounts already paid by You for
such Omnistar eTools subscription. You agree that (a)
Omnistar eTools cancellation policy will be stated in
these terms and may be changed from time to time by Omnistar eTools in its sole discretion and (b) the cancellation
policy posted at the time you cancel Your subscription shall govern the amount
of the refund (if any) due to you.
13. COPYRIGHT AND TRADEMARK NOTICES
All contents of the Omnistar eTools Network are: under
the ownership control, license and dominion of Omnistar Interactive, LLC, 6525 Belcrest Road,
Suite 526, Hyattsville, Maryland 20782 U.S.A. All rights reserved.
14. TRADEMARKS
Omnistar eTools is either a trademark or registered
trademark of Omnistar eTools. The names of actual
companies and products mentioned therein may be the trademarks of their
respective owners.
Any rights not expressly granted herein are
reserved by Omnistar Interactive, LLC and its eTools
Network.
15. SERVICE CONTACT
If You need to contact Omnistar eTools regarding the
Omnistar eTools Network, please visit our contact
listings page at http://www.omnistaretools.com/contactus/corporate.htm