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Terms of Service

Terms of Service v2.0
Last updated August 25, 2011


Table of Contents

These terms describe the "Terms of Service" for the Omnibus Point of Sale, Inc. service offerings. The Terms of Service consist of the following sections:
  1. Contacting Us About Terms of Service Concerns
  2. Eligibility
  3. Acceptance
  4. Changes to the Terms of Service
  5. License, Installation, and Use
  6. Limitations on Use
  7. Transfer
  8. Non Disclosure
  9. Ownership of Intellectual Property
  10. Risk Factors
  11. Assumption of Risk
  12. Accuracy of Information Provided by Omnibus Point of Sale, Inc.
  13. Accuracy of Information Provided to Omnibus Point of Sale, Inc.
  14. Limitation of Liability
  15. Warranty
  16. Disclaimer of All Other Warranties
  17. Service Termination
  18. Choice of Law / Applicable Law / Jurisdiction
  19. Severability
  20. Export
  21. Automated Queries

Terms of Service Details
  1. Contacting Us About Terms of Service Concerns      To Table of Contents

    After reviewing these Terms of Service, please contact us to address any additional terms of service concerns you may have.


  2. Eligibility      To Table of Contents

    You are able to try a free demonstration or subscribe to any of the Omnibus Point of Sale, Inc. service offerings, if by acceptance of these Terms of Service, you certify that you are not a competitor of Omnibus Point of Sale, Inc. If you are unsure, please contact us. In compliance with the Children's Online Privacy Protection Act of 1998 (available from http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to subscribe to any of the Omnibus Point of Sale, Inc. service offerings or to sign up for a free trial.


  3. Acceptance      To Table of Contents

    By subscribing to any of the Omnibus Point of Sale, Inc. service offerings, you agree to be bound by these terms and conditions (the "Terms of Service") between you and Omnibus Point of Sale, Inc. If you do not agree to these Terms of Service, please contact us immediately to terminate your service offerings.


  4. Changes to the Terms of Service      To Table of Contents

    Omnibus Point of Sale, Inc. reserves the right to change the Terms of Service at any time. The newest Terms of Service are available from http://www.omnibuspos.com/tos.phtml. Continued use of the Omnibus Point of Sale, Inc. service offerings constitutes your acceptance to the newest Terms of Service.


  5. License, Installation, and Use      To Table of Contents

    The Omnibus Point of Sale, Inc. service offerings are licensed, not sold. If you accept these Terms of Service, and as long as you comply with the terms of these Terms of Service, Omnibus Point of Sale, Inc. grants you a nonexclusive, nontransferrable, revocable license to use the Omnibus Point of Sale, Inc. service offerings.


  6. Limitations on Use      To Table of Contents

    You agree not to, directly or indirectly (a) reverse assemble, reverse compile, or otherwise reverse engineer or attempt to derive the source code of all or any part of the Omnibus Point of Sale, Inc. service offerings (b) copy, modify, translate, alter, change or create derivative works of all or any part of the Omnibus Point of Sale, Inc. service offerings, (c) download, copy or collect information that could be used to copy all or any part of the Omnibus Point of Sale, Inc. service offerings, or access or use all or any part of the Omnibus Point of Sale, Inc. service offerings for any purpose other than for alcohol compliance purposes except as and only to the extent expressly permitted by applicable Texas law. You agree, upon request by Omnibus Point of Sale, Inc. at any time, to exchange your current version of the Omnibus Point of Sale, Inc. service offerings for an updated version and to discontinue use of the replaced version.


  7. Transfer      To Table of Contents

    You may not sell, rent, lease, loan, sublicense, assign, grant, or transfer your rights in the Omnibus Point of Sale, Inc. service offerings.


  8. Non Disclosure      To Table of Contents

    Through use of the Omnibus Point of Sale, Inc. service offerings, you will become aware of trade secret information owned by Omnibus Point of Sale, Inc., including but not limited to the provision, delivery, and methods of operation of the service offerings, and of planned enhancements to same and current and planned marketing of the Omnibus Point of Sale, Inc. service offerings. By subscribing to any of the Omnibus Point of Sale, Inc. service offerings, you agree that all such information accessed through the Omnibus Point of Sale, Inc. password protected systems, and through interaction with Omnibus Point of Sale, Inc. staff and agents, will be held in strict confidence and afforded all reasonable measures of security. NOTE: The provisions of this section shall survive for a period of not less than two years following expiration or termination of these Terms of Service.


  9. Ownership of Intellectual Property      To Table of Contents

    Omnibus Point of Sale, Inc. reserves all rights in the Omnibus Point of Sale, Inc. service offerings not expressly granted to you in these Terms of Service. You acknowledge and agree that Omnibus Point of Sale, Inc. or its third-party licensors own all rights, title and interest in and to the Omnibus Point of Sale, Inc. service offerings (including all text, photographs, graphics, animation, applets, music, video and audio incorporated therein and any related user guides and documentation), the trademarks OMNIBUS POINT OF SALE and OMNIBUS POS, the URLs, other marks related to our products and services and URLs such as omnibuspos.com, omnibuspos.net, and omnibuspos.org and the trade dress, and look and feel of the Omnibus Point of Sale, Inc. service offerings, all of which are covered by various protections including copyright, trademark, patent, and trade secrecy law. If you suggest new features or functionality that Omnibus Point of Sale, Inc., in its sole discretion, adopts for the Omnibus Point of Sale, Inc. service offerings, such new features or functionality will be the sole and exclusive property of Omnibus Point of Sale, Inc. Omnibus Point of Sale, Inc. reserves the right, in its sole discretion and without incurring any liability to you, to update, improve, replace, modify and alter the specifications for and functionality of all or any part of the Omnibus Point of Sale, Inc. service offerings from time to time.


  10. Risk Factors      To Table of Contents

    By using the Omnibus Point of Sale, Inc. service offerings, you understand that the use of programs and infrastructure provided by Omnibus Point of Sale, Inc. in conjunction with any of your existing programs and infrastructure involves risk including, but not limited to the following: loss of data, data being rendered inaccurate, losses sustained by you or third parties, or a failure of the services or program to operate with any other services or programs.


  11. Assumption of Risk      To Table of Contents

    By using the Omnibus Point of Sale, Inc. service offerings, you agree to willingly accept and assume all risks that may arise out of or result from the use of the Omnibus Point of Sale, Inc. service offerings including but not limited to risks described under the Risk Factors section.


  12. Accuracy of Information Provided by Omnibus Point of Sale, Inc.      To Table of Contents

    Omnibus Point of Sale, Inc. has made all reasonable efforts to ensure that all information and calculations provided by the Omnibus Point of Sale, Inc. service offerings and website are accurate at the time of inclusion, however there may be inadvertent and occasional errors. Omnibus Point of Sale, Inc. does not guarantee, and makes no representations or warranties of any kind whether express or implied about, the information, calculations and reports provided through this website or Omnibus Point of Sale, Inc. service offerings, including any items used either directly or indirectly from the Omnibus Point of Sale, Inc. website, and reserves the right to make changes and corrections at any time, without notice. Omnibus Point of Sale, Inc. accepts no liability for any inaccuracies or omissions in the Omnibus Point of Sale, Inc. websites or Omnibus Point of Sale, Inc. service offerings and any decisions based on information from these sources is the sole responsibility of the visitor.


  13. Accuracy of Information Provided to Omnibus Point of Sale, Inc.      To Table of Contents

    You must provide current and accurate information including but not limited to identification, contact, and other information that may be required as part of the registration process and/or continued use of the Omnibus Point of Sale, Inc. service offerings. If you provide data that is, or that Omnibus Point of Sale, Inc. suspects to be, false, inaccurate, not current or incomplete, Omnibus Point of Sale, Inc. has the right to immediately modify, restrict, suspend, disconnect and/or terminate Omnibus Point of Sale, Inc. service offerings and refuse any and all current or future use of all Omnibus Point of Sale, Inc. service offerings or any portion thereof.


  14. Limitation of Liability      To Table of Contents

    Omnibus Point of Sale, Inc. and its employees shall not be liable to you or any third party, whether jointly, severally or individually, for any loss, injury, claim, liability, damage, or other special, indirect, consequential or punitive damages whatsoever, whether caused by Omnibus Point of Sale, Inc.'s negligence, errors, omissions, strict liability, breach of contract, breach of warranty or other cause or causes whatsoever, including but not limited to loss of use of equipment, loss of use of facility, loss of profits or loss of revenue from errors or omissions in the content of our site, from errors or omissions in the content of the Omnibus Point of Sale, Inc. service offerings, or from errors or omissions in the content of any other linked sites, even if Omnibus Point of Sale, Inc. has been advised of the possibility of such damages.


  15. Warranty      To Table of Contents

    Omnibus Point of Sale, Inc. does not guarantee the quality or condition of the website or the Omnibus Point of Sale, Inc. service offerings and are provided "as is". Omnibus Point of Sale, Inc. does not guarantee that your subscribed service offerings will be active and available 100% of the time and will not be held liable to you or any third party for any losses in the event of a service failure.


  16. Disclaimer of All Other Warranties      To Table of Contents

    Omnibus Point of Sale, Inc. makes no warranties, expressed or implied, including warranties of merchantability or fitness for a particular purpose in connection with these Terms of Service.


  17. Service Termination      To Table of Contents

    At its sole discretion, for any reason or no reason, Omnibus Point of Sale, Inc. reserves the right to immediately modify, restrict, suspend, disconnect and/or terminate any of the Omnibus Point of Sale, Inc. service offerings, your individual account and/or your service with or without notice, without liability to you or any third party.


  18. Choice of Law / Applicable Law / Jurisdiction      To Table of Contents

    These Terms of Service will be interpreted under, governed by, and construed in accordance with the laws of the State of Texas, without giving effect to its conflict of laws or provisions in your actual state or country of residence or business. Any claims, legal proceeding, litigation, or dispute arising in connection with these Terms of Service and the Omnibus Point of Sale, Inc. service offerings will be brought to the appropriate Federal or State court in Denton County, Texas, and you consent to the jurisdiction of these courts.


  19. Severability      To Table of Contents

    All provisions of these Terms of Service apply to the maximum extent permitted by applicable Texas law. If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable Texas law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service will continue in effect.


  20. Export      To Table of Contents

    You acknowledge that the Omnibus Point of Sale, Inc. service offerings are subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Omnibus Point of Sale, Inc. service offerings, including the U.S. Export Administration Regulations and Office of Foreign Assets Control Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.


  21. Automated Queries      To Table of Contents

    Automated (or scripted) queries to any part of the Omnibus Point of Sale, Inc. infrastructure are prohibited without explicit written permission.




     
 

 
   

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