In order to give potential customers an authentic OMTech experience, we have created a platform where potential customers can see how the OMTech product (Machine) operates in workspaces where our users have operated such products (Services). This is a community program facilitating the reservations of a Demo Room Appointment between users who have purchased a machine and wish to use their designated workspace (Property) to showcase it (Host), and users who would like to schedule a time to view and evaluate a machine at the Host’s Property (Visitor). The Host may use their property, including their personal residence. The Hosts and Visitors make arrangements for a visit (Demo Room Appointment) directly with each other through email. If a Visitor is interested in purchasing a machine, the Visitor may also do so through the website. OMTech is not an owner or operator of the machine showcased. The Services provided act as a free service to community members who wish to collaborate and OMTech does not take any responsibility for the platform or the Services agreed to between the Visitor, Host, and other users.
HOSTS ARE NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, OR FRANCHISEES OF OMTECH. OMTECH DOES NOT PERFORM ANY OBLIGATIONS IN CONNECTION WITH DEMO ROOM APPOINTMENTS AND DOES NOT EMPLOY HOSTS TO PERFORM SUCH OBLIGATIONS. USERS HEREBY ACKNOWLEDGE THAT OMTECH DOES NOT SUPERVISE, DIRECT, CONTROL, OR MONITOR (1) A HOST’S DEMO ROOM APPOINTMENT OR (2) THE QUALITY OR SAFETY OF THE LOCATION OR OF THE PEOPLE ATTENDING THE DEMO ROOM APPOINTMENT.
PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE COMMUNICATION BETWEEN HOSTS AND VISITORS DIRECTLY WITH EACH OTHER. OMTECH CANNOT AND DOES NOT CONTROL THE CONDITION, LEGALITY, SAFETY, OR SUITABILITY OF ANY HOSTS, VISITORS, OR MACHINES. OMTECH IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL DEMO ROOM APPOINTMENTS, MACHINES, HOSTS, VISITORS, AND OTHER INDIVIDUALS WHO MAY BE PRESENT ON THE PROPERTY.
The Services may allow users to post ratings and comments about Hosts (collectively, “Feedback”), and in such an event, you are solely responsible for any content, opinion, statement, recommendation or advance contained therein.
You agree that submission of any ideas, suggestions, and/or proposals to OMTech is at your own risk and that OMTech has no obligations concerning such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to OMTech a fully-paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, and otherwise commercially or non-commercially exploit in any manner.
In connection with your use of our Services, you shall not:
- Make available any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethically, or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities;
- Harm the Host in any way;
- Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
- Stalk or otherwise harass any other users or Hosts; or
- Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
- Interaction with Other Users
You are solely responsible for your interactions with other Users and any other parties with whom you interact. You agree that OMTech will not be responsible for any liability incurred as the result of such interactions.
You agree to indemnify and hold OMTech, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “OMTech Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your Content; (b) your use of, or inability to use, OMTech Machines; (c) your violation of the Terms; (d) your violation of any rights of another party, including with you as a Host or a Visitor and any losses or damages resulting from a Demo Appointment; (e) your interactions with Hosts and other users; and (f) your violation of any applicable laws, rules or regulations. OMTech reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with OMTech in asserting any available defenses. This provision does not require you to indemnify any of the OMTech Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Services.
- No Liability for Conduct of Other Users
WHEN INTERACTING WITH OTHER USERS, YOU SHOULD EXERCISE CAUTION AND COMMON SENSE TO PROTECT YOUR PERSONAL SAFETY, DATA, AND PROPERTY, JUST AS YOU WOULD WHEN INTERACTING WITH OTHER PERSONS WHOM YOU DON’T KNOW. OMTECH WILL NOT BE LIABLE FOR ANY FALSE OR MISLEADING STATEMENTS MADE BY USERS OF THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OMTech Machines. YOU UNDERSTAND THAT OMTECH DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF OMTECH MACHINES.
You hereby release OMTech and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your participation in the Demo Room platform, and your interactions with other Users, Hosts, or their invited guests.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL OMTECH BE LIABLE FOR ANY LOSS OF PROFITS, DIRECT DAMAGES AND PERSONAL INJURY AND TORTS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OMTECH MACHINES AND/OR DEMO ROOM APPOINTMENTS.
- Dispute Resolution
a. Applicability of arbitration agreement.
You agree that any dispute or claim relating in any way to your access or use of the Website, to any products sold or distributed through the Website, or to any aspect of your relationship with OMTech, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or OMTech may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This arbitration agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
IF YOU AGREE TO ARBITRATION WITH OMTech, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST COMPANY ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE COMPANY IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.
b. Arbitration rules and forum.
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to OMTech, 1150 N Red Gum St., Suite F, Anaheim, CA 92806. OMTech will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
c. Authority of arbitrator.
The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this arbitration agreement including, but not limited to any claim that all or any part of this arbitration agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and OMTech. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall 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 Agreement (including the arbitration agreement). The arbitrator shall 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 us.
d. Waiver of jury trial.
YOU AND OMTECH HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and OMTech are instead electing that all claims and disputes shall be resolved by arbitration under this arbitration agreement, except as specified in Section 9a above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
e. Waiver of class or consolidated actions.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
f. 30-Day Right to Opt Out.
You have the right to opt out of the provisions of this arbitration agreement by sending written notice of your decision to opt out to the following address: OMTech, 1150 N Red Gum St., Suite F, Anaheim, CA 92806 , Attn: Customer Service, within 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your OMTech username (if any), the email address you submitted when you first accessed the Services, and an unequivocal statement that you want to opt out of this arbitration agreement. If you opt out of this arbitration agreement, all other parts of this Agreement will continue to apply to you. Opting out of this arbitration agreement has no effect on any other arbitration agreements that you may currently have or may enter in the future with us.
If any part or parts of this arbitration agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the arbitration agreement shall continue in full force and effect.
h. Survival of Agreement.
This Arbitration Agreementarbitration agreement will survive the termination of your relationship with OMTech.
Notwithstanding any provision in this Agreement to the contrary, we agree that if OMTech makes any future material change to this arbitration agreement, it will not apply to any individual claim(s) that you had already provided notice to OMTech.
- General Provisions
a. Electronic Communications.
The communications between you and OMTech use electronic means. For contractual purposes, you (1) consent to receive communications from OMTech in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that OMTech provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without OMTech’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
c. Force Majeure.
OMTech shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
d. Questions, Complaints, Claims.
If you have any questions, complaints or claims with respect to Company Machines, please contact us at: email@example.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
e. Governing Law.
The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this agreement.
f. Choice of Language.
It is the express wish of the parties that the Terms and all related documents have been drawn up in English.
Where OMTech requires that you provide an e-mail address, you are responsible for providing OMTech with your most current e-mail address. In the event that the last e-mail address you provided to OMTech is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, OMTech’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to OMTech at the following address: OMTech, 1150 N Red Gum St., Suite F, Anaheim, CA 92806. Such notice shall be deemed given when received by OMTech by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
j. Consumer Complaints.
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
k. Entire Agreement.
The Terms are the final, complete and exclusive agreement of the parties concerning the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.