End-User License Agreement
Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, accessing or using the Omni Ascension website https://omniascension.com/ (“Website”). By clicking the "I Agree" button, accessing or using the Website, you are agreeing to be bound by the terms and conditions of this Agreement. This Agreement is a legal agreement between users (“you”) and Whole In One International LLC d/b/a/ Omni Ascension and its affiliates, subsidiaries, and parent companies (collectively, “Company”, “we”, “us”, or “our”) for the Website and any associated software components (collectively, “Webservices”). Company Webservices are protected by copyright laws and international copyright treaties, as well other intellectual property laws and treaties. Company content (“Content”) on Company Webservices is licensed, not sold. Company reserves all rights not expressly granted to you herein.
If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and please do not use Company’s Webservices.
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Terms of Use – Omni Ascension
Last Updated January 1, 2024
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING COMPANY’S WEBSERVICES AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. These Terms of Use form a legal agreement between users (“you”) and Whole In One International LLC d/b/a/ Omni Ascension and its affiliates, subsidiaries, and parent companies (collectively, “Company”, “we”, “us”, or “our”). By accessing or using Company’s Webservices on any computer, mobile phone, tablet, console, or other device (collectively, “Device”), you signify that you have read, understand, and agree to be bound by these Terms of Use and any other applicable law. Company may change these Terms of Use at any time without notice, effective upon its posting to the Website. Your continued use of Company’s Webservices shall be considered your acceptance to the revised Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use Company’s Webservices.
Intellectual Property
All Content on our Webservices (including content generated by users) is owned by Company which includes intellectual property and materials protected by copyright, trademark, or patent laws. Company owns all trademarks, service marks and trade names and trade secrets. All Content on our Webservice, including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under the United States and international copyright laws and is the proprietary property of Company; All rights reserved.
Content Use Restrictions
You may use Company Content only for your own non-commercial use. You agree not to change or delete any ownership notices from materials downloaded or printed from our Webservices. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any intellectual property or Content appearing on our Webservices, including Personal Information (defined below), without Company’s prior written consent, unless it is your own Personal Information that you legally post. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you. You do not acquire any intellectual property or other proprietary rights under this Agreement, including without limitation any right, title or interest in and to patents, copyrights, trade-marks, industrial designs, confidential information, or trade secrets, whether registered or unregistered, relating to Company, our Webservice or any part thereof.
Code of Conduct
In connection with your use of our Webservices, you acknowledge and agree that you will not:
1. transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another’s right of privacy or publicity;
2. impersonate any person or entity, including without limitation, a Company official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity;
3. post or transmit any material that contains a virus or corrupted data;
4. delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
5. post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
6. violate any applicable local, state, national or international law;
7. upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
8. delete or revise any material posted by any other person or entity;
9. register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Company Webservice if you are not expressly authorized by such party to do so; or
10. use the Website in any manner that could damage, disable, overburden or impair Company servers or networks, or interfere with any other user’s use and enjoyment of our Webservices.
Company reserves the right to terminate any user accounts, restrict use of all or any part of our Webservices, or block users from certain IP addresses or Device numbers and prevent access to our Webservices for violating our Code of Conduct.
Personal Information
To use Company Webservices, you may be asked to provide certain personal information (the “Personal Information”), including information about your weight, age and gender, to optimize your use of our Webservices. If you choose to provide such Personal Information, you agree to provide accurate and current information about yourself, and we will not be responsible for any injury related to any Personal Information you submit or omit. The use or disclosure of any Personal Information you supply will be governed by our Privacy Policy.
Privacy
Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on Company Webservices.
Indemnification
You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, agents, licensors and suppliers, from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your Personal Information, your use of our Webservices, your conduct in connection with our Webservices or with other users, or any violation of these Terms of Use, any law or the rights of any third party.
Disclaimer of Warranties
Company is not responsible or liable for any Personal Information posted on our Webservices or for any offensive, unlawful or objectionable content you may encounter on or through our Webservices. Company’s Website is provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Company cannot guarantee and does not promise any specific results from use of Webservices. Company does not represent or warrant that our Webservices will be uninterrupted or error-free, that any defects will be corrected, or that our Webservices or the server that makes our Webservices available are free of viruses or anything else harmful. To the fullest extent permitted by law, Company does not make any warranties or representations regarding the use of the materials or Content in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile device, computer system or other Device in which you access the Website, loss of data or other harm of any kind that may result. Company reserves the right to change any and all Content and other items used or contained in our Webservices at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE OUR WEBSERVICES OR THE CONDUCT OF OTHER USERS (WHETHER ONLINE OR OFFLINE) OR ANY PERSONAL INFORMATION, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF COMPANY’S WEBSERVICES. YOUR ONLY REMEDY AGAINST COMPANY FOR USE OF OUR WEBSERVICES OR ANY CONTENT IS TO STOP USING OUR WEBSITE. THAT SAID, IF COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF OUR WEBSERVICES OR ANY CONTENT, COMPANY’S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Severability
If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.
Termination
Company reserves the right in its sole discretion to terminate your account, delete your profile and any of your Personal Information, and restrict your use of all or any part of our Website for any or no reason, without notice, and without liability to you or anyone else. Company also reserves the right to block users from certain IP addresses or Device numbers and prevent access our Webservices. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Content Use Restrictions, Code of Conduct, Privacy, Indemnification, Disclaimer of Warranties, Limitation of Liability, Severability and terms that by their nature may survive termination shall survive any termination. Company reserves the right to refuse access to our Webservice to anyone for any reason at any time. Company reserves the right to force forfeiture of any username for any reason. Company reserves the right to block, suspend, or delete any user account at any time.
Governing Law
You agree that these Terms of Use, Privacy Policy, and any dispute between you and Company are governed by and understood in accordance to the laws of the state of New Jersey without regard to any principles of conflicts of law and will specifically not be governed by the United Nations Conventions for the International sale of goods. For any action at law you agree to resolve any and all disputes you have with Company only in the federal or state courts located in Middlesex County, New Jersey. You hereby consent to the jurisdiction of those courts for such purposes.
Legal Compliance
You represent and warrant that: (a) You are not located in a country that is subject to a United States Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the United States Code of Federal Regulations; (b) You are not located in a country that has been designated by the United States Government as a “terrorist supporting” country; and (c) You are not listed on any U.S. Government list of prohibited or restricted parties. You further agree not to transport Company Webservices to or use the Webservices in any such country.
Arbitration Agreement
By using our Webservices, you and Company agree to submit any and all Disputes (as defined below) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”). WE AND YOU EACH AGREE THAT, ANY AND ALL DISPUTES (AS, AND TO THE EXTENT, DEFINED BELOW), WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT. By using our Webservice in any manner, you agree to the hereby waive trial by jury and give up your right to go to court to assert or defend any claims between you and Company (except for matters that may be taken to "small claims" courts). You also forfeit your right to partake in a class action or other class action proceeding. Your rights will be determined by a neutral arbitrator, not a judge or jury. The arbitrator can grant any relief that a court can. Decisions by the arbitrator are enforceable in court and may be reversed in court only for very limited reasons. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, alter or vacate an arbitration award, may be initiated in any court having competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Company (except for "small claims" courts) may be initiated only in the federal or state courts located in Middlesex County, New Jersey, United States of America. You hereby consent to the jurisdiction of those courts for such purposes.
Method of Arbitration
Arbitration shall be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com, or (2) the American Arbitration Association (“AAA”), www.adr.org. If you initiate arbitration, you shall have the choice as between these two arbitration forums; if Company initiates arbitration, it shall have the choice as between these two arbitration forums.
Either you or Company may initiate arbitration proceedings. The arbitration will be conducted before a single arbitrator. The arbitration will be an individual arbitration, and shall in no event be commenced as a representative or class arbitration. If required for the enforceability of the Arbitration Agreement under the Federal Arbitration Act, Company will pay all arbitrator’s costs and expenses. If not, those costs will be paid as specified in the above-referenced rules.
Class Action Waiver
By using the Webservices, you agree that the arbitration of any Dispute (as defined below) shall be conducted on an individual, not a class-wide or collective basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving Company or any other person. You further agree that you, will not be a class representative, class member, or otherwise participate in a class, representative, collective, or consolidated proceeding against Company. We and you agree that the arbitrator of any Dispute between us may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action). If the foregoing class action waiver (“Class Action Waiver”) or any portion thereof is found to be invalid, illegal, unenforceable, unconscionable, void or voidable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court. Any claim with respect to the scope of an arbitrator’s authority, jurisdiction, or the validity, legality, enforceability, unconscionability, or applicability of this Arbitration Agreement and Class Action Waiver shall be decided by the arbitrator.
Definition of Dispute
Except as described below, the term “Dispute” in this Arbitration Agreement and Class Action Waiver means any dispute, claim, or controversy between you and Company regarding any aspect of your relationship with Company, including without limitation those alleging or based in contract, statute, regulation, ordinance, tort, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior, or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope of these Terms of Use. Notwithstanding the foregoing, any claim pursuant to the Governing Law section shall be determined by a court of competent jurisdiction and not by an arbitrator. You acknowledge and agree that these Terms of Use are reasonable and necessary, and that your actual or threatened breach of these Terms of Use would give rise to irreparable harm to Company for which monetary damages would not constitute an adequate remedy and, in addition to any and all other rights that may be available in respect of such breach or threatened breach, will entitle Company to immediate injunctive and other equitable relief without any requirement to post bond.
Miscellaneous
You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms of Use without restriction. No waiver by either party of any breach or default under these Terms of Use will be deemed to be a waiver of any preceding or subsequent breach or default. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.” Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
Entire Agreement
These Terms of Use and any policies or operating rules posted by us on this site or in respect to Company’s Webservices constitutes the entire agreement and understanding between you and us and govern your use of Company’s Webservice, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
Contact Information
For further information regarding these Terms of Service, please contact us at: info@omniascension.com.