Terms of Service
Hi, this is Omega!
We've drafted these Terms of Service (which we simply call the "Terms") so that you'll know the
that govern our relationship with you. By using the Services, you agree to the Terms.
The following Terms of Service outline your obligations when using our mobile application (“App”)
Service (as defined herein), or any of the information, text, graphics, videos, or other files,
materials, data or content of any kind whatsoever created or provided by or through the App or
Service or through your ability to sell products on the App and generate User Contributed
Service and which outlines our practices towards handling any personal information that you may
provide to us.
The App and the Service are owned and operated by EXU(HK) Limited. (“Omega,” “we,” or “us”) and
accessed by you under the Terms of Service described herein (“Terms of Service” or “Agreement”).
Please read these Terms of Service carefully before using the App or the Service. By accessing
App or using any part of the Service, you agree to become bound by these terms and conditions.
you do not agree to all these terms and conditions, then you may not access the App or use the
Service. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.
ARBITRATION NOTICE: WE WANT TO LET YOU KNOW UPFRONT THAT THESE TERMS CONTAIN AN ARBITRATION
LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU
Omega AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU
Omega WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Who Can Use the Services
No one under 18 is allowed to create an account or use the Services.
By using the Services, you state that:
- - You can form a binding contract with Omega;
- - You will comply with these Terms and all applicable local, state, national, and
international laws, rules, and regulations.
If you are using the Services on behalf of a business or some other entity, you state that you
authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf
the business or entity. If you are using the Services on behalf of an entity of the United
Government or Chinese Government, you agree to the Amendment to Omega Terms of Service for the
United States Government and Chinese Government Users.
No one under 18 is allowed to create an account or use the Services.
You hereby warrant that you are at least 18 years old. Our services are not intended for—and we
direct them to—anyone under 18. Anyone under 18 is not allowed to use our Services. Therefore we
not collect the user information of anyone under the age of 18. In the event that the
provide in this regard is not truthful, Omega shall not be liable as it cannot verify the age of
users. If you are under 18 years old, do not attempt to register or use the App or the Service.
are under the age of 18, you may NOT use the Service, with or without the approval of a parent
2. Rights We Grant You
Omega grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable,
non-sublicensable license to access and use the Services. This license is for the sole purpose
letting you use and enjoy the Service's benefits in a way that these Terms and our usage
Any software that we provide you may automatically download and install upgrades, updates, or
new features. You may be able to adjust these automatic downloads through your device's
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you
engineer or attempt to extract the source code of that software, unless applicable laws prohibit
these restrictions or you have our written permission to do so.
3. Rights You Grant Us
Many of our Services let you create, upload, post, send, receive, and store content. When you do
that, you retain whatever ownership rights in that content you had to begin with. But you grant
license to use that content. How broad that license is depends on which Services you use and the
Settings you have selected.
For all Services, you grant Omega a worldwide, royalty-free, sublicensable, and transferable
to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that
This license is for the limited purpose of operating, developing, providing, promoting, and
improving the Services and researching and developing new ones.
Because Local is inherently public and chronicle matters of public interest, the license you
for content submitted to those Services is broader. In addition to the rights you grant us in
connection with other Services, you also grant us a perpetual license to create derivative works
from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display content
submitted to Local or any other crowd-sourced Services in any form and in any and all media or
distribution methods (now known or later developed). To the extent it's necessary, you also
Omega and our business partners the unrestricted, worldwide, perpetual right and license to use
your name, likeness, Local content that you upload or send. This means, among other things, that
will not be entitled to any compensation from Omega or our business partners if your name,
While we're not required to do so, we may access, review, screen, and delete your content at any
and for any reason, including if we think your content violates these Terms. You alone though
responsible for the content you create, upload, post, send, or store through the Service.
The Services may contain advertisements. In consideration for Omega letting you access and use
Services, you agree that Omega, its affiliates, and third-party partners may place advertising
We always love to hear from our users. But if you volunteer feedback or suggestions, just know
we can use your ideas without compensating you.
4. The Content of Others
Much of the content on our Services is produced by users, publishers, and other third parties.
Whether that content is posted publicly or sent privately, the content is the sole
the person or organization that submitted it. Although Omega to the best of our resources and
abilities will review all
content that appears on the Services and to remove any content that violates these Terms, we
cannot—and do not—take
responsibility for any content that others provide through the Services.
Through these Terms, we make clear that we do not want the Services put to bad uses. But because
may not have the ability and resource to review every single piece of content on the Services,
we cannot guarantee that content on the Services will always conform to
We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of
content contributed by users or endorse any of the opinions expressed therein. You agree to
and hereby do waive, any legal or equitable rights or remedies you have or may have against us
respect thereto. You acknowledge that any reliance on User Contributed Content of any Omega user
will be at your own risk.
Your privacy matters to us. You can learn how we handle your information when you use our
using our Services, you agree that Omega can collect, use, and transfer your information
with that policy.
6. Respecting Other People's Rights
Omega respects the rights of others. And so should you. You therefore may not upload, send, or store
- - asks or offers sexually explicit images or engage in any activity harmful to minors
or otherwise violates these terms.
- - violates or infringes someone else's rights of publicity, privacy, copyright,
trademark, or other intellectual-property right;
- - bullies, harasses, or intimidates;
- - defames; or spams or solicits Omega's users;
- - is inappropriate to other users or illegal, including, but not limited to, anything
that is defamatory, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar,
offensive, obscene, pornographic, hateful, or promotes violence, discrimination, bigotry,
racism, or hatred, as determined by Omega in its sole discretion;
- - introduces viruses, time-bombs, worms, cancelbots, Trojan horses and/or other
code, - is reverse look-up or trace any information of any other User or visitor or
use the Services for the purpose of obtaining information of any User or visitor;
- - attempts to gain unauthorized access to any portion of the Services, or any systems
networks by hacking, password "mining" or any other illegitimate means;
- - uses any "deep-link", "page-scrape", "robot", "spider" or other automatic device,
program, algorithm or methodology, or any manual process to access, acquire, copy or monitor
portion of the Services or any data or materials contained therein or obtain or attempt to
obtain any materials, documents or information through any means not purposely made
through the System;
You must also respect Omega's rights. These Terms do not grant you any right to:
- - use branding, logos, designs, photographs, videos, or any other materials used in
- - copy, archive, download, upload, distribute, syndicate, broadcast, perform,
make available, or otherwise use any portion of the Services or the content on the Services
except as set forth in these Terms;
- - use the Services or any content on the Services for any commercial purposes without
In short: You may not use the Services or the content on the Services in ways that are not
by these Terms. Nor may you help or enable anyone else in doing so.
We reserve the right at all times (but will not have an obligation) to permanently ban any
found to be in violation of our Terms with at any time, and to remove or refuse to distribute
any content contributed by Omega users, such as content which violates these Terms of Service.
also reserve the right to access, read, preserve, and disclose any information as we reasonably
believe is necessary to :
- - satisfy any applicable law, regulation, legal process or governmental request;
- - enforce these Terms of Service, including investigation of potential violations
- - detect, prevent, or otherwise address fraud, security or technical issues;
- - respond to member support requests, or protect our rights, property or safety, and
of our users and the public.
We will not be responsible or liable for the exercise or non-exercise of this right under these
You understand that by using or accessing the App or the Service you may be exposed to content
might be offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases,
postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be
liable in any way for any content or communications, including, but not limited to, any errors
omissions in any form of User Contributed Content, or any loss or damage of any kind incurred as
result of the use of any Omega content or content posted by users which are posted, emailed,
transmitted or otherwise made available on the App or through the Service.
7. Respecting Copyright
You agree to only upload, post, submit or otherwise transmit User Contributed Content: (i) that
have the lawful right to use, copy, distribute, transmit, or display; and (ii) that does not
infringe the intellectual property rights or violate the privacy rights of any third party
(including, without limitation, copyright, trademark, patent, trade secret, or other
property right, or moral right or right of publicity). Omega respects the legal rights of
and asks that its users do the same.
Omega honors the requirements set forth in the Digital Millennium Copyright Act. We therefore
reasonable steps to expeditiously remove from our Services any infringing material that we
aware of. And if Omega becomes aware that one of its users has repeatedly infringed copyrights,
will take reasonable steps within our power to terminate the user's account.
If you file a notice with our Copyright Agent, must:
- - contain the physical or electronic signature of a person authorized to act on
the copyright owner;
- - identify the copyrighted work claimed to have been infringed;
- - identify the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed, or access to which is to be disabled, and
information reasonably sufficient to let us locate the material;
- - provide your contact information, including your address, telephone number, and an
- - provide a personal statement that you have a good-faith belief that the use of the
material in the manner complained of is not authorized by the copyright owner, its agent, or
- - provide a statement that the information in the notification is accurate and, under
penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We try hard to keep our Services a safe place for all users. But we can't guarantee it. That's
you come in. By using the Services, you agree that:
- - You will not use the Services for any purpose that is illegal or prohibited in
- - You will not use any robot, spider, crawler, scraper, or other automated means or
interface to access the Services or extract other user's information.
- - You will not use or develop any third-party applications that interact with the
Services or other users' content or information without our written consent.
- - You will not use the Services in a way that could interfere with, disrupt,
affect, or inhibit other users from fully enjoying the Services, or that could damage,
overburden, or impair the functioning of the Services.
- - You will not use or attempt to use another user's account, username, or password
without their permission.
- - You will not solicit login credentials from another user.
- - You will not post content that contains pornography, graphic violence, threats,
speech, guns or other weaponry, or incitements to violence.
- - You will not upload viruses or other malicious code or otherwise compromise the
security of the Services.
- - You will not attempt to circumvent any content-filtering techniques we employ, or
attempt to access areas or features of the Services that you are not authorized to access.
- - You will not probe, scan, or test the vulnerability of our Services or any system
- - You will not encourage or promote any activity that violates these Terms.
We have the right to investigate and prosecute violations of any of the above, including
property rights infringement and App security issues, to the fullest extent of the law.We will
fiercely honor and assist any legal investigations requested by any parties of the law
enforcement agencies. We may
involve and cooperate with law enforcement authorities in prosecuting Omega users who violate
Terms of Service. You acknowledge that we have the right to monitor your access to or use of the
and/or the Service for operating purposes, to ensure your compliance with these Terms of
to comply with applicable law or the order or requirement of a court, administrative agency or
We also care about your safety while using our Services. So do not use our Services in a way that
would distract you from obeying traffic or safety laws. And never put yourself or others in
9. Your Account
You are responsible for any activity that occurs in your account. So it's important that you keep
your account secure. One way to do that is to select a strong password that you don't use for
By using the Services, you agree that, in addition to exercising common sense:
- - You will not create more than one account for yourself.
- - You will not create another account if we have already disabled your account,
you have our written permission to do so.
- - You will not buy, sell, rent, or lease access to your Omega account without our
- - You will not share your password.
- - You will not log in or attempt to access the Services through unauthorized
applications or clients.
10. Purchases and Payments
We may offer various friends making Services that you can purchase and use through the Services.
don't own these Services; instead you buy enough app virtual coins to use them. You'll always be
price for Services before you complete a purchase. But Omega does not handle payments or payment
processing for any purchases; those are handled by third-party payment providers or service
providers (such as, Apple's iOS Store and Google's Google Play Store, among others). Some
third-party service providers may charge you sales tax, depending on where you live. Please
the third-party service provider's relevant terms for details.
Subject to any applicable additional terms and conditions, all purchases are final and
non-refundable. And because our performance begins once you tap buy and we give you immediate
to your purchase, you waive any right you may have under EU or other local law to cancel your
purchase once it's completed or to get a refund. BY ACCEPTING THESE TERMS, YOU AGREE THAT Omega
NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON.
Some of the Virtual Products we offer are for one-time use only, while others are for repeated
But please note that "repeated" does not mean "forever." We may change, modify, or eliminate
Products at any time, with or without notice. You agree that we will bear no liability to you or
third party if we do so. If we suspend or terminate your account, you will lose any Products you
purchased through the Services.
It's your sole responsibility to manage your purchases.
Omega does not transmit any funds and is not a money-services business. To the extent such
functionality is made available in the Services, it is provided by an unaffiliated third party,
like any other third-party service, subject to that third party's separate Terms of Service.
Omega offers in-app purchases ("IAP") through iTunes, Google Play or other application platforms
authorized by Omega. If you choose to make an IAP, you will be prompted to enter details for
account with your application platform, and your application platform account (e.g. iTunes
will be charged for the IAP in accordance with the terms disclosed to you at the time of
well as the general terms for IAP that apply to your application platform account. Some
platforms may charge you sales tax, depending on where you live. If you purchase an
periodic subscription IAP, your application platform account will continue to be billed for the
subscription until you cancel the IAP. After your initial subscription commitment period, and
after any subsequent subscription period, your subscription will automatically continue for an
additional equivalent period, at the price you agreed to when subscribing. If you do not wish
subscription to renew automatically, or if you want to change or terminate your subscription,
can do so within the Omega app or log in to your application platform account and follow
instructions to cancel your subscription, even if you have otherwise deleted your account with
if you have deleted the Omega application from your device. If you cancel your subscription, you
may use your subscription until the end of your then-current subscription term, and your
subscription will not be renewed after your then-current term expires. Deleting your account on
Omega or deleting the Omega application from your device does not cancel your subscription;
will retain all funds charged to your application platform until you cancel your subscription.
Generally, all charges for IAP are nonrefundable, and there are no refunds or credits for
used periods. We may make an exception if a refund for a subscription offering is requested
fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide
refunds. For subscribers residing in the EU or European Economic Area, in accordance with local
you are entitled to a full refund during the 14 days after the subscription begins. Please note
this 14-day period commences when the subscription starts.
To request a refund: If you subscribed using your Apple ID, refunds are handled by Apple, not
To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the
transaction and hit "Report Problem". You can also submit a request at https://getsupport.apple.com.
If you subscribed using your Google Play Store account: please contact Google Play customer
with your order number for the Google Play Store (you can find the order number in the order
confirmation email or by logging in to Google Wallet).
In order to reward Users for certain activities, OMEGA may give you the opportunity to earn, and
use credits in OMEGA’s in-app virtual currency (“Coins”) that may be used to acquire virtual
goods and services solely with the Services.
Coins are not real money, do not have monetary value, and may never be redeemed for “real world”
money, or other items of monetary value from outside the Services without our written
While we may use terms like “earn”, “trade-in”, or “cash-out” in reference to the Coins, we do
so only for convenience and such terms in no way indicate that Coins have monetary value or are
You acknowledge that Coins are not real currency and are not redeemable for any sum of money
from us at any time.We make no guarantee as to the nature, quality, or value of the features of
the Services or any third-party good or services that will be accessible through the use of
Coins, or the availability or supply of Coins. Coins obtained via the Services are provided to
you under a limited, personal, revocable, non-transferable, non-sublicenseable license to use
within the Services.
Coins may not be transferred to other accounts or resold in any manner, including, without
limitation, by means of any direct sale or auction service.
You have no property interest, right or title in or to any Coins appearing or originating in the
Services or any other attributes associated with use of the Services.
Any “virtual currency” balance shown in your account does not constitute a real-world balance or
reflect any stored value, but instead constitutes a measurement of the extent of your license.
All Coins are forfeited if your account or access to the Services is terminated or suspended for
any reason, in our sole and absolute discretion, or if we discontinue availability of some or
all of the Services.
We may at any time expire free or promotional Coins given to you. We have no liability for
hacking or loss of your Coins or any goods or services obtained using Coins.
We have no obligation to, and will not, reimburse you for any Coins that are lost due to your
violation of these Terms. We reserve the right, without prior notification, to limit the
quantity of Coins and to refuse to provide you with any Coins.
Price, exchangeability and availability of Coins are determined by us in our sole discretion and
are subject to change without notice. You agree that we have the absolute right to manage,
distribute, regulate, control, modify, or eliminate Coins as we see fit in our sole discretion,
and that we will have no liability for exercising such right.
You agree that under no circumstances are we liable to you for any damages or claims that may
arise from the loss or use of your Coins regardless of the circumstances.
User inactivity - If your account remains inactive for 3 consecutive months, all of your free
virtual Coins may be frozen. To unfreeze any such virtual Coins, you must email us and request
that we unfreeze your free virtual Coins. Upon receipt of your request and review of your
information, we will unfreeze your free virtual Coins as soon as possible.
You absolve us of any responsibility to maintain or update your account Coins balance.
However, if there is a loss of Coins in your account due to technical or operational problems
with the Services, we will refund the lost Coins once the loss has been verified.
Without limiting any of the foregoing, our maximum liability or responsibility to you is to
refund the Coins lost. You may from time to time be presented with opportunities to redeem
Coins. We will,
in our sole discretion, determine and communicate the availability and exchange rate for any
Coins, which may be modified at any time.
We reserve the right to cancel, restrict or terminate Coins at any time for any reason. All
redemptions are subject to these Terms and all limitations and requirements stated via the
All acquisitions and redemptions of Coins are final. Once Coins have been lost or spent, they
will be subtracted from your account and cannot be refunded or returned, except in our sole
12. Data Charges and Mobile Phones
You are responsible for any mobile charges that you may incur for using our Services, including
text-messaging and data charges. If you're unsure what those charges may be, you should ask your
service provider before using the Services.
13. Third-Party Services
If you use a service, feature, or functionality that is operated by a third party and made
through our Services (including Services we jointly offer with the third party), each party's
will govern the respective party's relationship with you. Omega is not responsible or liable for
those third party's terms or actions taken under the third party's terms.
14. Modifying the Services and Termination
We're relentlessly improving our Services and creating new ones all the time. That means we may
or remove features, products, or functionalities, and we may also suspend or stop the Services
altogether. We may take any of these actions at any time, and when we do, we may not provide you
with any notice beforehand.
Omega may also terminate these Terms with you at any time, for any reason, and without advanced
notice. That means that we may stop providing you with any Services, or impose new or additional
limits on your ability to use the Services. For example, we may deactivate your account due to
prolonged inactivity or inappropriate behavior, and we may reclaim your username at any time for
Both you and Omega continue to be bound by Sections 3, 6, 10, 13-21 of the Terms.
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless
Omega, our directors, officers, employees, and affiliates from and against any and all
charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees)
to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b)
content; and (c) your breach of these Terms.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY APPLICABLE
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN
ADDITION, WHILE Omega ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT
THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL
FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY Omega CONTENT, USER
CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
Omega TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR
THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU
UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL,
MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH Omega WILL BE RESPONSIBLE FOR.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Omega AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES,
AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER
DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES,
FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT
CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS,
OR ALTERATION OF YOUR CONTENT, EVEN IF Omega HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
IN NO EVENT WILL Omega'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE
GREATER OF $100 USD OR THE AMOUNT YOU PAID Omega, IF ANY, IN THE LAST 12 MONTHS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF
EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
18. Arbitration, Class Waiver, and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES
Omega, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
- - Applicability of Arbitration Agreement. All claims and disputes arising out
or relating to these Terms or the use of the Services that cannot be resolved in small
court will be resolved by binding arbitration on an individual basis, except that you and
are not required to arbitrate any dispute in which either party seeks equitable relief for
alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or
- - Arbitration Rules.United States Arbitration Law governs the interpretation
enforcement of this dispute-resolution provision. Arbitration will be initiated through the
United States International Economic and Trade Arbitration (“USIETAC”). If the USIETAC is
available to arbitrate, the parties will select an alternative arbitral forum. The rules of
arbitral forum will govern all aspects of this arbitration, except to the extent those rules
conflict with these Terms.
- - Additional Rules for Non-appearance Arbitration. If non-appearance
is elected, the arbitration will be conducted by telephone, online, written submissions, or
combination of the three; the specific manner will be chosen by the party initiating the
arbitration. The arbitration will not involve any personal appearance by the parties or
witnesses unless the parties mutually agree otherwise.
- - Authority of the Arbitrator..The arbitrator will decide the jurisdiction of
arbitrator and the rights and liabilities, if any, of you and Omega. The dispute will not be
consolidated with any other matters or joined with any other cases or parties. The
will have the authority to grant motions dispositive of all or part of any claim or dispute.
arbitrator will 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
and the Terms. The arbitrator will issue a written award and statement of decision
the essential findings and conclusions on which the award is based, including the
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 Omega.
- - Waiver of Class or Consolidated Actions.ALL CLAIMS AND DISPUTES WITHIN THE
OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT
A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED
JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver
class or consolidated actions is deemed invalid or unenforceable, neither you nor we are
entitled to arbitration.
- - Confidentiality. No part of the procedures will be open to the public or the
media. All evidence discovered or submitted at the hearing is confidential and may not be
disclosed, except by written agreement of the parties, pursuant to court order, or unless
required by law. Notwithstanding the foregoing, no party will be prevented from submitting
court of law any information needed to enforce this arbitration agreement, to enforce an
arbitration award, or to seek injunctive or equitable relief.
- - Right to Waive. Any rights and limitations set forth in this arbitration
agreement may be waived by the party against whom the claim is asserted. Such waiver will
waive or affect any other portion of this arbitration agreement.
- - Opt-out. You may opt out of this arbitration agreement. If you do so,
you nor Omega can force the other to arbitrate. To opt out, you must notify Omega in writing
no later than 30 days after first becoming subject to this arbitration agreement. Your
must include your name and address, your Omega username and the email address you used to
up your Omega account (if you have one), and an unequivocal statement that you want to
of this arbitration agreement.
- - Small Claims Court. Notwithstanding the foregoing, either you or Omega may
bring an individual action in small claims court.
- - Arbitration Agreement Survival. This arbitration agreement will survive the
termination of your relationship with Omega.
19. Choice of Law
Except to the extent they are preempted by the laws of the United States, other than its
conflict-of-laws principles, govern these Terms and any disputes arising out of or relating to
Terms or their subject matter, including tort claims.
If any provision of these Terms is found unenforceable, then that provision will be severed from
these Terms and not affect the validity and enforceability of any remaining provisions.
21. Additional Terms for Specific Services
Given the breadth of our Services, we sometimes need to craft additional terms and conditions for
specific Services. Those additional terms and conditions, which will be available with the
Services, then become part of your agreement with us if you use those Services.
22. Final Terms
- - These Terms make up the entire agreement between you and Omega, and supersede any
- - These Terms do no create or confer any third-party beneficiary rights.
- - If we do not enforce a provision in these Terms, it will not be considered a
- - We reserve all rights not expressly granted to you.
- - You may not transfer any of your rights or obligations under these Terms without
- - These Terms were written in English and to the extent the translated version of
Terms conflict with the English version, the English version will control.
Omega welcomes comments, questions, concerns, or suggestions. Please send feedback to us