Terms of Use

TERMS OF USE

AGREEMENT BETWEEN USER AND OMEGACOMP

Use of the OmegaComp.com web site (the “Site”) is subject to these Terms of Use (the “Terms” or “Agreement”).  The Site is comprised of various web pages operated by J.D. Allman, Inc. dba OmegaComp HR (“OmegaComp”, “we” or “us”) that provide a variety of services to employers and their employees (the “Services”).

The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.  As used herein the terms “you” and “User” refer to the individual accessing the Site and/or ordering or using the Services and the entity on whose behalf such person is accessing the Site and/or ordering or using the Services (“Entity”).  “Entity” includes any entity identified by an individual as the party purchasing, ordering, or using the Services and any Entity employing or engaging an individual who accesses the Site. Any individual accessing the Site on behalf of an Entity or ordering or using Services on behalf of an Entity represents that he or she has the power to bind such entity to this Agreement.  Your use of the Site constitutes your agreement to all terms, conditions, and notices at the Site and in this Agreement.  User agrees that this Agreement is between OmegaComp on the one hand and User on the other hand.  User agrees that OmegaComp may enforce this Agreement against User.

Certain areas of the Site (and your access to or use of certain Services) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between the terms contained herein and terms and conditions posted for a specific area of the Site or Services, the latter shall take precedence with respect to your use of or access to that area of the Site or Services.

MODIFICATION OF THESE TERMS OF USE

OmegaComp HR reserves the right, at its sole discretion, to change the terms, conditions, fees, and notices under which the Site and Services are offered, at any time and without prior notice. If we modify these terms, we will post the modification on the Site. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

ISSUETRAK

OmegaComp HR is delighted to offer you access to the issue routing service we have licensed from IssueTrak, Inc.  You are welcome to use this service to efficiently expedite getting your issue to the right person quickly inside our organization.  We think you will like the experience of using it.  Please be advised that IssueTrak stores each email we receive through their system on a cloud server.  We are comfortable that their server meets industry security standards, but understand that in this era where even Fortune 500 banks have their servers hacked; we cannot be held liable if there is a data breach occurs on their server.  Also understand that IssueTrak permits us to allow our customers to use the service based on their license to us; use of the system does not grant you any rights as a sublicensee.

LINKS TO THIRD PARTY SITES

The Site may contain links to other web sites (“Linked Sites”).  The Linked Sites are not under the control of OmegaComp HR and OmegaComp HR is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Site, you warrant to OmegaComp HR that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.  You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Users may not: (i) modify, revise, translate or create any derivative works of the Site or supporting documentation; or (ii) decompile, reverse engineer, disassemble or otherwise attempt to derive the source code for the Site.

You hereby represent to OmegaComp HR that you have not misrepresented yourself, your contact and payment information, and your purpose for viewing and using the Site and/or any Services.

Users may use information obtained from the Site only in connection with the particular transaction and purpose for which such information was originally requested. Users shall not re-license, resell, or further distribute information.

User is prohibited from making available for the use of others, information, in any form, obtained from the Site, unless required by law where User has notified OmegaComp HR or unless User first obtains OmegaComp HR’s consent.

OmegaComp HR retains all ownership rights in the information provided through the Site and Services, while the User only obtains the limited grant of rights explicitly granted in this Agreement.

LIMITATION OF LIABILITY

OMEGACOMP HR, AND ITS SUPPLIERS, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND AFFILIATES, INCLUDING ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS (EACH AN “INDEMNIFIED PARTY”) MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED ON OR OFFERED VIA THE SITE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.  OMEGACOMP HR AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OMEGACOMP HR AND/OR ANY INDEMNIFIED PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE AND/OR SERVICES, WITH THE DELAY OR INABILITY TO USE THE SITE AND/OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE AND/OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OMEGACOMP HR OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION FOR ANY ACT OR OMISSION RELATING TO THE SERVICES SHALL NOT EXCEED THE TOTAL CHARGE FOR SERVICES PROVIDED TO USER.  USER AGREES TO PROVIDE OMEGACOMP IMMEDIATE WRITTEN NOTICE OF ANY AND ALL ACTIONS, CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF THE SITE AND/OR SERVICES.

USER AGREES TO RELEASE, DISCHARGE, INDEMNIFY, DEFEND AND HOLD OMEGACOMP HR AND INDEMNIFIED PARTIES HARMLESS AGAINST ALL LIABILITIES, CLAIMS, DEMANDS, DAMAGES, LOSSES, FINES, JUDGMENTS, DISPUTES, COSTS, CHARGES AND EXPENSES SUFFERED BY OMEGACOMP HR OR ITS AFFILIATES RESULTING FROM, ARISING OUT OF OR RELATED TO IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, OMEGACOMP HR’S OR ANY OTHER INDEMNIFIED PARTY’S PROVISIONS OF THE SERVICE, RELIANCE ON INFORMATION AND DATA FURNISHED BY USER OR RESULTING FROM ACTIVITIES THAT OMEGACOMP HR OR ANY OTHER INDEMNIFIED PARTY UNDERTAKES AT USER’S REQUEST, OR AT THE REQUEST OF OMEGACOMP HR OR ANY OTHER INDEMNIFIED PARTY BELIEVES IN GOOD FAITH TO BE AN AUTHORIZED AGENT OF USER INCLUDING, WITHOUT LIMITATION, COSTS, REASONABLE ATTORNEYS’ FEES AND EXPERT WITNESSES’ FEES INCURRED IN CONNECTION WITH SUCH CLAIMS.

TERMINATION/ACCESS RESTRICTION

OmegaComp HR reserves the right, in its sole discretion, to terminate your access to the Site and the Services or any portion thereof at any time, without notice, for reasons including but not limited to a violation of this Agreement.

PRIVACY

See OmegaComp HR’s Privacy Policy for information and notices concerning OmegaComp HR’s collection and use of User’s personal information.

OWNERSHIP

The Site and Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, OmegaComp HR and its licensors exclusively own all right, title and interest in and to the Site and Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and Services.

GOVERNING LAW

This Agreement is governed by the laws of the State of California, without regard to the conflicts of law principles thereof and you hereby consent to the exclusive jurisdiction and venue of any state or federal court sitting in Sacramento County, California, in all disputes arising out of or relating to the use of the Site and/or Services (subject to the Alternative Dispute Resolution provisions below, as applicable).

ENTIRE AGREEMENT

These Terms constitute the entire and exclusive understanding and agreement between OmegaComp HR and you regarding the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between OmegaComp HR and you regarding the Site and Services.

ASSIGNMENT

You may not assign or transfer these Terms, by operation of law or otherwise, without OmegaComp HR’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. OmegaComp may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

NOTICES

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by OmegaComp HR (i) via email (in each case to the email address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

DISPUTE RESOLUTION

Any dispute relating in any way to your visit to the Site shall be submitted to confidential, binding arbitration in Sacramento, California, except that, to the extent you have in any manner violated or threatened to violate OmegaComp HR’s intellectual property rights, OmegaComp may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

GENERAL

The failure of OmegaComp to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of OmegaComp HR. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

CONTACTING OMEGACOMP HR

If you have any questions about these Terms, please contact OmegaComp HR at info@omegacomp.com.