Omnipoint Management Solutions LLC. (“Omnipoint”) maintains this website. The “Terms of Use” include the following terms and conditions, and all documents referred to herein. The Terms of Use apply to your use of www.omnipointcapital.org (“the Website”). The Terms of Use also apply to any content, functionality, and services offered on or through the Website.
Please read the Terms of Use carefully before you use the Website. By using the Website, you agree to abide by these Terms of Use including our Privacy Policy, found www.omnipointcapital.org. If you do not agree to the Terms of Use or the Privacy Policy, you must exit the Website.
We may update the Terms of Use from time to time. You agree to review this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the Website following the posting of updated Terms of Use means that you agree to the changes.
We reserve the right to withdraw or update the Website, and any service or material we provide on the Website, without notice. We will not be liable if part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website.
By using this Website, you represent and warrant that you are of legal age to form a binding contract. To use some areas of this Website, you must be a debtor of record or have the legal authority to represent the debtor of record. To access the Website or some of the resources it offers, you may be asked to provide identification details, such as a username and password. The Website contains links to other sites and resources provided by third parties. These links are provided for your convenience only.
You must treat your user name and password as confidential information. Do not disclose either to any third party. You will notify Omnipoint immediately of any unauthorized use of your user name or password, or any other breach of security. We have the right to disable any user name or password at any time.
All intellectual property rights associated with the Website and its contents are the sole property of Omnipoint or its affiliates. Copyright, trade dress, trade secret, unfair competition, and other laws (both in the United States and in other countries) protect the contents of the Website. You cannot reproduce, sell, or exploit any part of the Website for any commercial purposes. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: support@omnipointcapital.org.
You agree not to use the Website:
• In any way that violates any applicable federal, state, local and international law or regulation.
• To impersonate or attempt to impersonate Omnipoint or a Omnipoint employee, another user, or person or entity.
• In any way that could disable, burden, damage, or impair the Website or interfere with any other party's use of the Website.
• By means of any robot, spider or other automatic device, process or means to access the Website for anypurpose.
• In any way to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
All information we collect on this Website is subject to our Privacy Policy www.omnipointcapital.org. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You represent and warrant that all data provided by you is accurate.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER OMNIPOINT NOR ANY PERSON ASSOCIATED WITH OMNIPOINT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER OMNIPOINT NOR ANYONE ASSOCIATED WITH OMNIPOINT EPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. OMNIPOINT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL OMNIPOINT, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Omnipoint, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of these Terms of Use or your use of the Website, including, without limitation, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
These Terms of Use and the Privacy Policy contain all the terms and conditions agreed on by the parties with respect to the Website.
A party’s waiver of enforcement of any of these Terms of Use’s terms or conditions will be effective only if in writing. A party’s specific waiver will not constitute a waiver by that party of any earlier, concurrent, or later breach or default.
If any part of these Terms of Use is held indefinite, invalid, or otherwise unenforceable, the rest of the Terms of Use will continue in full force.
These Terms of Use are governed by and must be interpreted under New York law (Erie County), without regard to its choice-of-law provisions.
Regardless of any statute, regulation, or law to the contrary, any claim or cause of action arising out of or related to the use of this Website or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.