This legal document is an agreement between you, the User, and Omega Specialty Instrument Co.. BY CLICKING THE "ACCEPT" BUTTON BELOW YOU ACKNOWLEDGE YOU HAVE READ, UNDERSTAND, AND ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT WHICH INCLUDES THE TERMS OF CONTENT, LIMITED WARRANTY AND EXCLUSION OF LIABILITY.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK ON THE "DO NOT ACCEPT" BUTTON BELOW AND EXIT THIS WEB SITE.

THIS AGREEMENT is between Omega Specialty Instrument Co. and the user of the information contained on the Omega Specialty Instrument Co. site ("User" or "You").

1. Definitions

1.1 "Our Content" includes all content We provide and include on the Omega Specialty Instrument Co. website, including photographs, illustrations, images, and text, video and audio clips, messages and other communications, product descriptions, technical information and other written Content, together with the related graphic files, audio files, video files, text, hyperlinks, interlinks, search engines, and other software associated with the authorized use of Omega Specialty Instrument Co. site.

1.2 "Your Content" includes all the content You put or place on the Omega Specialty Instrument Co. website by way of interactive functionality placed on the Omega Specialty Instrument Co. website. This includes any forms you fill out in relation to requests you make of Omega Specialty Instrument Co.

2. Use of Content

2.1 Omega Specialty Instrument Co. grants to You a limited, nonexclusive and nontransferable license to:

(a) use Our Content, as provided by Omega Specialty Instrument Co. during the period in which You are a registrant in good standing only on one computer at a time and,
(b) download copies of Our Content for Your own personal use and enjoyment; and
(c) post Your Content on the Omega Specialty Instrument Co. website subject to the terms of our Acceptable Use Policy

This license does not grant You any other rights to Our Content except as set forth in this Agreement.

2.2 You may make no use of Our Content other than as expressly authorized by Omega Specialty Instrument Co.. Prohibited uses of Our Content include, without limitation:

(a) permitting other individuals to directly or indirectly use Our Content;
(b) making copies or creating derivative works based on the Content, except as provided herein;
(c) removing any proprietary notices or labels on the Content; and,

2.3 We may make use of Your Content in the manner set out in this Agreement and as provided in our Privacy Statement.

2.4 Violation of any of the terms of this Agreement (including the Acceptable Use Policy and Privacy Statement including using the Content in any other way other than as specifically permitted entitles Omega Specialty Instrument Co. to terminate this Agreement and User's access to Our Content and Your Content at any time, without notice. PLEASE NOTE THAT Omega Specialty Instrument Co. STRICTLY ENFORCES THIS POLICY AND WILL PROSECUTE ANY VIOLATION OF THIS AGREEMENT TO THE FULLEST EXTENT PERMISSIBLE BY LAW.

2.5 It is Your own responsibility to:

(a) supply information required to set up the account, Internet devices/Content, notifications, and notification events;
(b) provide for your own access to the World Wide Web and pay any telephone service fees associated with such access.

3. Payment

3.1 There is no charge for access to Our Content.

3.2 We reserve the right to alter and change the terms of prices for use of Our Content or access to the Omega Specialty Instrument Co. site at any time upon 14 days prior notice to You. We shall provide notice of such changes to You by posting conspicuous notices. You agree that your use of Our Content after notification of any changes shall constitute notice to Omega Specialty Instrument Co. that you have agreed to the terms of the changed Agreement.

3.3 If you are provided with a user identification number ("User ID") and a password. It is your obligation and your responsibility to safeguard the confidentiality and monitor any usage or Content provided in connection with the UserID and the password. Any charges associated with the UserID and the password are your responsibility and you shall bear any risk of loss thereto (including charges for access to Our Content).

4. Term and Termination

4.1 Termination – We may terminate this Agreement and suspend Your use of the Content and access to the Content without notice for any breach of this Agreement.

5. No Warranty and Limitation of Liability

5.1 NO WARRANTY - THE OMEGA SPECIALTY INSTRUMENT CO. SITE, AND OUR CONTENT ARE PROVIDED "AS IS" AND THERE ARE NO OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES OR ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED BY LAW (in contract or tort) OR CUSTOM, INCLUDING, BUT NOT LIMITED TO THOSE REGARDING MERCHANTABILITY, DURABILITY FITNESS FOR PURPOSE, CORRESPONDENCE TO SAMPLE, TITLE, DESIGN, CONDITION, OR QUALITY. WITHOUT LIMITING THE ABOVE, Omega Specialty Instrument Co. MAKES NO WARRANTIES OF TITLE OR THAT THE CONTENT MEET YOUR REQUIREMENTS. ANY ITEMS AUCTIONED ON THE AUCTION PORTION OF THIS SITE ARE SOLD BY THEIR RESPECTIVE SELLERS AND WE BEAR NO RESPONSIBILITY FOR FULFILLING, BROKERING OR FACILITATING SUCH SALE. IT IS UP TO YOU TO CONTACT THE SELLER AND NEGOTIATE THE TERMS OF THE SALE.

5.2 NO INDIRECT DAMAGES - IN NO EVENT SHALL OMEGA SPECIALTY INSTRUMENT CO. BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR INDIRECT DAMAGES OR LOSSES (in contract or tort) IN CONNECTION WITH CONTENT INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST DATA, LOST SAVINGS, OR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, EVEN IF CAUSED BY Omega Specialty Instrument Co.'S NEGLIGENCE AND EVEN IF Omega Specialty Instrument Co. HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.

5.3 LIMITS ON LIABILITY - IF FOR ANY REASON, OMEGA SPECIALTY INSTRUMENT CO. BECOMES LIABLE TO YOU OR ANY OTHER PARTY FOR DIRECT OR ANY OTHER DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (in contract or tort), INCURRED IN CONNECTION WITH THIS AGREEMENT THEN THE AGGREGATE LIABILITY OF Omega Specialty Instrument Co. PARTIES FOR ALL DAMAGES, INJURY, AND LIABILITY INCURRED BY YOU AND ALL OTHER PARTIES, SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE CHARGES PAID FOR THE MONTH FOLLOWING THE EVENT GIVING RISE TO THE CLAIM.

5.4 General Indemnity - You shall defend or settle any claim made or any suit or proceeding brought (including an action for defamation, libel or slander) against Us insofar as such claim, suit or proceeding directly or indirectly arises out of Your Internet presence or violation of the terms of this Agreement.

6. GENERAL

6.1 Complete Agreement - This Agreement (including the Acceptable Use Policy and the Privacy Statement) is the complete and exclusive statement of the Agreement between the parties with respect to the subject matter contained herein. OMEGA SPECIALTY INSTRUMENT CO. IS NOT BOUND BY ANY PROVISION OF ANY PURCHASE ORDER, CORRESPONDENCE, OR OTHERWISE UNLESS SPECIFICALLY AGREED TO IN WRITING.

6.2 Governing Law - This Agreement and performance hereunder shall be governed by the laws of Massachusetts and any disputes shall be referred to the courts of Massachusetts.

6.3 Non-Waiver - The waiver or failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder. Some terms of this Agreement are particularly important, so we want to call them to your attention and emphasize that your signature constitutes your particular agreement to these terms: s. 3 (Payment); s 5 (Warranty and Limitation of Liability); and s. 6.1 (Complete Agreement). This Agreement shall be effective on the date that it is accepted by Omega Specialty Instrument Co., which shall be the date Omega Specialty Instrument Co. grants you access to the Content after Omega Specialty Instrument Co.'s receipt of this Agreement from you.

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