rev.04-en dated 2020-03-05
OMS is an invitation-only app and requires a valid Personal Identification Number (“PIN”). OMS is not directed to persons under the age of 13. Any use of OMS is void where prohibited. By accessing and using OMS, you represent and warrant that you have been invited to utilize this App through a governmental agency or other authorized provider, and have been provided a valid PIN to do so, and that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Using OMS may be prohibited or restricted in certain countries. If you use OMS from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use OMS.
To ensure compliance with your use of OMS and thus with the terms of your Release, you must ensure that your smartphone permits OMS to function as intended. This includes (i) allowing OMS to send you notifications, and (ii) allowing OMS to confirm your location and identity. To this end, you agree to consent to allow the App to (i) access the Internet to both send and receive data without hindrance; (ii) receive and display all OMS push notifications on screen, (iii) access the device’s cameras, (iv) access the device’s calendar; and (v) access your device’s location at all times. Your failure to do so will be detected by the App and reported to the Agency, which may be deemed a violation of the terms of your Release and may lead to revocation of the Release privilege.
This Agreement will remain in full force and effect while you use OMS and/or have an OMS account. The Company may terminate or suspend your account at any time without notice if the Company believes that you have breached this Agreement, or for any other reason, with or without cause, in its sole discretion. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
OMS is for personal use pursuant to this Agreement only. Users may not use OMS or any content contained in OMS (including, but not limited to, content of other users, images, logos, software, audio files and computer code) in connection with any commercial endeavors, such as advertising or soliciting any user to buy or sell any products or services not offered by the Company. Users of OMS may not use any information obtained from OMS to contact, advertise to, solicit, or sell to any other users without their prior explicit consent. Organizations, companies, and/or businesses may not use OMS for any purpose unless specifically authorized to do so by the Company. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of OMS, including collecting usernames and/or e‑mail addresses of users by electronic or other means for the purpose of sending unsolicited e‑mail and unauthorized framing of or linking to OMS.
You are responsible for maintaining the confidentiality of the PIN as well as any username and password you designate during the registration process. You are solely responsible for all activities that occur under your PIN, username, and password. You agree to immediately notify the Company of any disclosure or unauthorized use of your PIN, username or password or any other breach of security at email@example.com.
(a) You are solely responsible for your interactions with other users. The company makes no representations or warranties as to the conduct of users.
(b) The Company is not responsible for the conduct of any user. As noted herein and without limiting Sections 13 “Limitation on Liability” and 15 “Indemnity by User” below, in no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of OMS including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through, or as a result of, OMS.
The Company owns and retains all proprietary rights in OMS, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. OMS contains copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through OMS, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, OMS (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of OMS. To protect the integrity of OMS, the Company reserves the right at any time and in its sole discretion to block users from accessing OMS.
You acknowledge and agree that neither the Company nor its affiliates and third-party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate profile information (photo or name) posted in OMS, whether caused by users or any of the equipment or programming associated with or utilized in OMS; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any content or communications; (iii) the failure to recognize a user’s facial image or location; (iv) the conduct, whether online or offline, of any user; (v) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or (vi) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e‑mail or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with OMS.
To the maximum extent allowed by applicable law, Company provides the service on an “as is” and “as available” basis and grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the service (including all content contained therein), including (without limitation) any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. The company does not represent or warrant that the service will be uninterrupted or error free, secure or that any defects or errors in the service will be corrected.
Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your device, computer system, internet access, download or display device, or loss or corruption of data that results or may result from the download of any such material. If you do not accept this limitation of liability, you are not authorized to download or obtain any material through the service. From time to time, the Company may make information or content of third parties available through OMS. All third-party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third-party authors are solely responsible for such content. The company does not: (i) guarantee the accuracy, completeness, or usefulness of any third party content provided through the service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears through or in OMS. Under no circumstances will the company or its affiliates be responsible or liable for any loss or damage resulting from your reliance on information or other content posted through or in OMS, or transmitted to or by any users.
OMS may contain, and OMS or third parties may provide, links to other websites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with third parties found in or through OMS, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. You further acknowledge and agree that the Company 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 the use of, or reliance upon, any such content, information, statements, or services or other materials available on or through any such website or resource.
To the fullest extent allowed by applicable law, in no event will the Company, its affiliates, business partners, licensors or service providers be liable to you or any third person for any indirect, reliance, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, loss of goodwill, damages for loss, corruption or breaches of data or programs, service interruptions and procurement of substitute services, even if the Company has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the Company’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Company for the service while you have an account. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the terms of this agreement must be filed within one year after such claim or cause of action arose or be forever barred.
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or OMS shall be binding arbitration administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. You must first attempt to resolve the dispute with a duly authorized representative of the Company before seeking resolution through the arbitration or small-claims process. However, whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding. By using OMS in any manner, you agree to the above arbitration agreement. In doing so, you give up your right to go to court to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). you also give up your right to participate in a class action or other class proceeding. Your rights will be determined by a neutral arbitrator, not a judge or jury. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. If, for any reason, this arbitration agreement is held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Cleveland, Ohio. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Ohio without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act. Details about arbitration procedures can be found at the following website: www.adr.org.
You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or content you post through or in OMS, and the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.
The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means, including by e‑mail. Such notices may not be received if you violate this Agreement by accessing OMS in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed OMS in an authorized manner.
If you have any questions about this Agreement, please contact us by e‑mail at firstname.lastname@example.org or by writing to us at the following address:
Bridge ID, LLC
ATTN: Legal Department (BID-OMS-TU)
P.O. Box 381
Gates Mills, Ohio 44040-0381
United States of America
• • •• ••• END ••• •• • •