TERMS OF USE

Last Updated: March 1, 2015

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.

1. Acceptance of Terms.

The Omnyx website (“Site”) is operated by Omnyx, LLC (“Omnyx”). Your access and use of the Site is subject to the terms and conditions contained in these Terms of Use (the “Terms”). Should you not agree to these Terms, you must not access or use this Site. Please note that we may revise these Terms from time to time without notice. Your continued use of the Site will confirm your acceptance of the revised Terms. You are encouraged to frequently review the Terms to ensure your understanding of such.

2. Content.

The information provided on this Site is free of charge and for informational purposes only. Omnyx is not responsible if information on this Site is not accurate, complete, or current. We reserve the right to modify the contents of the Site at any time, and have no obligation to update any information. You are responsible for monitoring any changes to the Site. Additionally, the content does not create a business or professional services relationship between you and Omnyx.

3. Ownership.

Nothing contained in this Site shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Omnyx or any third party. The Site and the content provided in this Site, including, but not limited to, text, graphic images, audio and video, etc. may not be copied, reproduced, published, uploaded, posted, transmitted, or distributed in any way, without Omnyx’s prior written consent, except that you may download and print content for noncommercial uses that are not competitive with or derogatory to Omnyx, and provided that you keep all copyright or other proprietary notices intact. Please note that this limited consent may be revoked any time. Any other use of the Site content is strictly prohibited.

4. Copyright Complaints

We respect the intellectual property rights of others and will respect to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. §512(c)(2), our designated agent for notice of alleged copyright infringement in connection with the Site is:

Omnyx, LLC
1251 Waterfront Place
Pittsburgh, PA 15222
ATTN: Legal

To file a notice of infringement with Omnyx, the requirements set forth in Title II of the Digital Millenium Copyright Act of 1998 must be fulfilled. (The text of this statute can be found at the U.S. Copyright Office website).

5. Acceptable Use of Our Site.

By accessing the Site, you agree that you will not (and will not permit or encourage others to): (a) use the Site or its content in violation of any applicable law, regulation or ordinance; (b) conduct fraudulent activities on the Site; (c) disrupt or interfere with the security of, or otherwise abuse, the site, or any services, accounts, servers or networks connected to or accessible through the Site or linked websites; (d) disrupt or interfere with any other user’s enjoyment of the Site or linked websites; and (e) use the Site to seek, provide or obtain specific medical advice, medical opinion, diagnosis or treatment as applied to a patient’s particular condition or situation.

6. Communications On and Through the Site.

You are solely responsible for any information that you submit to us. We reserve the right (but assume no obligation) to monitor, delete, move, or edit any submission that comes to our attention that we consider inappropriate, whether for legal or other reasons. We will comply with all requirements of the law regarding disclosure to third parties of any submissions you make to us. By submitting or posting content on the Site you grant Omnyx a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, publish, translate, create derivative works from, distribute, and display such content on the Site and on third-party sites. All personal information provided via the Site will be handled in accordance with the Site’s online Privacy Policy.

7. Links to Third Party Sites.

The Site may contain links to other third party websites. These links are provided as a convenience and Omnyx is not responsible for the content of those links or third-party websites. Inclusion of links to other sites should not be viewed as endorsement of such by Omnyx. Different terms and conditions may apply to your use of any linked sites.

8. Disclaimers

THIS SITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YOU AGREE THAT ANY USE OF AND RELIANCE UPON THE SITE, AND ANY CONTENT AND/OR MATERIALS CONTAINED THEREIN, IS AT YOUR SOLE RISK. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. OMNYX EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO: THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE IS ACCURATE AND UP-TO-DATE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSION, AND AS A CONSEQUENCE, SUCH EXCLUSION MAY NOT APPLY TO YOU BUT ONLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

9. Limitation of Liability.

IN NO EVENT WILL EITHER OMNYX OR ITS THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION AND/OR LOSS OF DATA) IRRESPECTIVE OF THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS SITE, ANY CONTENT ON OR ACCESSED THROUGH THIS SITE.

10. Indemnification.

You agree to indemnify, defend and hold harmless Omnyx and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Site and/or any violation of these Terms of Use.

11. Governing Law and Dispute Resolution.

These Terms shall be governed by and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its choice of law rules. You agree that any claims or legal proceedings arising in connection with the Site will be brought solely before an arbitrator in Allegheny County, Pennsylvania and you hereby irrevocably submit to, and waive any objection to, arbitration.

12. Miscellaneous

These Terms, including policies and information linked from or incorporated herein, constitute the entire agreement between you and Omnyx with respect to the Site. Should any provision in these Terms be found invalid or unenforceable for any reason, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to these Terms or your use of the Site must be filed within one (1) year after it arose or be permanently barred.

13. Questions

If you have any questions or comments about these Terms of Use, or if you would like us to update information we have about you or your preferences, please contact us by emailing contact@omnyx.com


PRIVACY STATEMENT

Last Updated: March 1, 2015

PLEASE READ THIS PRIVACY STATEMENT CAREFULLY AND SHARE INFORMATION WITH US ONLY IF YOU AGREE WITH THESE TERMS.

1. Purpose.

Omnyx takes the protection of personal data very seriously. This Privacy Statement explains how information about you is collected, used and disclosed by Omnyx when you access or use our website. This Privacy Statement does not apply to information you may provide through other means, such as by email or via telephone, unless we specifically provide otherwise at the time of collection.

2. Acceptance of Terms.

The Omnyx website (“Site”) is operated by Omnyx, LLC (“Omnyx”). Your use of this Site is subject to this Privacy Statement and the Terms of Use. By accessing and using our Site, and by providing us with your information, you agree to be bound by this Privacy Statement. Please note that we may revise this Privacy Statement from time to time without notice. We will post a prominent notice on this Site to notify you of any significant changes to our Privacy Statement. By accessing and using our Site after a change is made to the Privacy Statement, you agree to be bound by the Privacy Statement as revised.

3. Information We Collect and How We Use It.

Personally Identifiable Information

Omnyx respects the privacy of visitors to our Site. Omnyx or its third-party service providers will collect personally identifiable information, such as your name, email address, address or telephone number, only when you voluntarily submit it to us through our Site, such as in connection with the following: (a) sales and/or demonstration inquiry form; (b) partnering inquiry form; (c) blog comment submission; (d) job opportunity inquiry form or submission of job application; (e) email alerts request form; (f) contact us form; (g) product literature download form; (h) webinar registration form; or (i) other voluntary submission forms posted on our Site from time to time.

The personally identifiable information you provide will be used for the purposes for which you supplied it, and for such other purposes that we describe in this Privacy Statement. We may also use the personally identifiable information we obtain about you in other ways for which we provide specific notice at the time of collection. We may also use that information to contact you from time to time. You have the option to opt-out at any time on any marketing communications or to request we correct or remove personally identifiable information you provide to us through this Site from our database, by emailing us with your request at contact@omnyx.com. We will update or remove information in response to your request when required by law and in certain other circumstances. Before Omnyx is able to correct any inaccuracies or delete any information, we may ask you to confirm your identify and to provide other details to help us respond to your request.

Public Content

Public content includes any information you submit to Omnyx on message boards, blogs, or other community features that are accessible by general visitors and other users. This information is public content because people do not need a password to access or view such on our Site. Prior to allowing you to post on our community feature, you may be required to submit your name and contact information (which will be treated as personally identifiable information as discussed above) unless you choose to include such information directly in your public post.

Information Collected Automatically

We collect certain information when you visit this Site. This information tells us such things as how many users visited and the pages they accessed. We may also use third-party tools that collect information about visitor traffic on our Site. We may collect this information either through “cookie” technology, “web beacons” or links. We may also use certain technologies to determine whether you have opened an email or clicked on a link within an email.

  • Cookies. We use browser cookies on this website. Browser cookies are bits of text that are placed on your computer’s hard drive when you visit certain websites. We use browser cookies to tell us, for example, whether you have visited our site before and to help identify website features in which you may have the most interest.
  • Web Beacons. Certain pages on our Site contain web beacons that allow third parties to obtain information such as the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, etc. With both cookies and web beacon technology, the information that we collect and share is anonymous and not personally identifiable.

4. Information We Share.

We do not sell or otherwise disclose personal information about our Site visitors, except as described herein. We may share information provided by our visitors with our affiliates and third-party service providers we have retained to perform services on our behalf. These affiliates and third-party service providers are restricted from using or disclosing the information except as necessary to perform services on our behalf or to comply with legal requirements. Also, we may disclose information about you: (a) if we are required to do so by law or legal process, (b) to law enforcement authorities or other government officials; or (c) when we believe disclosure is necessary or appropriate to prevent physical harm or physical loss or in connection with an investigation of suspected or actual illegal activity. We also reserve the right to transfer any information we have about you in the event we sell or transfer all or a portion of our business or assets.

5. Information We Transfer.

We may transfer personal information we collect on this Site to other countries where we do business, but we will do so only for the purposes described above. When we transfer your information to other countries, we will protect that information as described here unless otherwise required by applicable laws. If you are visiting our Site from outside of the U.S., you may be transferring your personally identifiable information into the U.S. when you voluntarily submit your personally identifiable information through this Site. Many regions have data collection laws that differ from U.S. law. The transmission of information via the Internet is not completely secure. We cannot guarantee the security of networks, servers and databases we operate or that are operated on our behalf.

6. Links to Third Party Sites.

This Site may contain links to other third party websites. These links are provided as a convenience and Omnyx is not responsible for the content of those links or other third-party websites. Additionally, Omnyx does not control the privacy practices of these third parties. We encourage you to read the privacy policies of any linked website you visit.

7. Children’s Privacy.

This Site is not directed to children under the age of thirteen and we do not knowingly collect personal information from children under the age of thirteen on the Site. If we become aware that we have inadvertently received personal information from a visitor under the age of thirteen on the Site, we will delete the information from our records.

8. Questions or Comments.

If you have any questions or comments about this Privacy Statement, or if you would like us to update information we have about you or your preferences, please contact us by emailing contact@omnyx.com.