The lawyers made us post this
IF THE INDIVIDUAL ENTERING INTO THIS AGREEMENT IS DOING SO ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, SUCH INDIVIDUAL REPRESENTS THAT HE OR SHE HAS THE REQUISITE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH SUCH ENTITY’S ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH OMNI IS LIMITED TO BEING A SERVICE USER, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF OMNI FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF OMNI.
Through our Site and Mobile App, we offer you: (a) a "Storage Service," through which we pick up, transport and store your belongings (your "Belongings") that you pack according to the requirements below at the location you specify to us in writing (the "Specified Location"), (b) the “Online Service”, through which we photograph your Belongings, organize them in an online directory and make the photographs of your Belongings available to you for viewing on our Site and Mobile App so that you can easily identify and access your Belongings stored in our secure warehouse (the "Online Service"); (c) an "Item Transfer Service" through which we make available to you, via the Services (as defined below), functionality by which Transferer (as defined below) can temporarily transfer designated Belongings to a Recipient (as defined below), subject to the Transferer’s approval; and (d) a “Rental Service” by which a Rental Owner (as defined below) can make available designated Belongings for temporary paid rental by a Renter (as defined below). With respect to both the Item Transfer Service and the Rental Service, we will facilitate the delivery of the designated Belongings to the Recipient and their subsequent return.
1. Use of the Services.
- Who Can Use the Services?
You may use the Services only if you can form a legally binding contract with Omni, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. By registering to use the Services (including by downloading or using the Mobile App), you represent and warrant that you are 18 years of age or older; if not, then you are prohibited from using any of our Services and you should not use the Services. You also represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties. The Services are not available to any Users previously removed from the Services by Omni.
- Omni Accounts. In order to use the Services, you will need to create an account which includes a unique username and a password. You are solely responsible for maintaining the security of your user account, and for all activities that occur under the account and any other actions taken in connection with your account. You agree to notify us immediately of any unauthorized use of your password and/or account, or any other breaches of security of which you become aware. We will not be responsible for any losses, liabilities or damages arising out of any unauthorized use of your computer, mobile device, or other computing device and/or account.
- Compliance With Laws.
You represent and warrant to us that:
- you have the authority to bind yourself (or any organization or other entity on whose behalf you purport to act) to these Terms;
- your use of the Services will be solely for purposes that are permitted by these Terms;
- your use of the Services will not infringe or misappropriate the Intellectual Property Rights (as defined below) of any third party; and
- your use of the Services will comply with all applicable laws, rules, and regulations, and with all of our policies.
2. The Storage Service.
- The Service.
Subject to these Terms and Omni’s other policies, and subject to your payment of all applicable fees, Omni shall:
- pick up the Belongings you have prepared according to these terms from the Specified Location;
- transport your Belongings to our storage facility for storage; and
- return your Belongings to the Specified Location, upon your request.
Omni will not deliver or return your Belongings to an address that is not a Specified Location, unless we otherwise agree to do so in writing. Times given for delivery, collection, and return are only estimates and Omni shall not be liable for any delay in delivery, collection, or return.
Omni may cancel or postpone any delivery, collection, or return of Belongings in the event that Omni believes, in its sole discretion, that it may endanger any Omni employee, agent, contractor or other individual due to severe weather, earthquakes or other events outside of our reasonable control.
You acknowledge and agree that Omni will not be responsible for:
- dismantling or assembling any unit, system, or furniture (including flat pack);
- disconnecting, reconnecting, dismantling or reassembling appliances, fixtures, fittings or equipment; or
- packing Belongings, unless otherwise expressly agreed by Omni.
- Omni does not warrant that our storage facility is a suitable place or means of storage for any particular goods, including without limitation, your Belongings, or that environmental conditions at our storage facility will be appropriate for your Belongings.
- Packing Your Belongings.
You must pack your Belongings into heavy duty bags or similar containers meeting the following requirements (whether provided by you or Omni, each a “Container”). Any Omni-provided Containers remain our property. The maximum allowable weight in each Container (including the weight of the Container) is 25 lbs. All Containers must be closed completely and securely. If you have any questions about packing your Belongings, please send an email to firstname.lastname@example.org.
If you intend to store Belongings that are too large, heavy or bulky for a Container, you may instead leave them for pick-up in the Specified Location without a Container. Keep in mind that your Belongings must still be packed securely (for instance, in a hard-shell or padded case). If you do not or cannot meet the above requirements, we may in our sole discretion refuse to accept any of your Belongings if we believe they are too large or bulky for a single person to move or carry reasonably or are too vulnerable to damage in the form you have provided them.
- The Belongings.
You represent and warrant that you own the Belongings or that you otherwise have the right and authority to store and use the Belongings in accordance with these Terms.
The Belongings must not include, and you must not store, any items prohibited in the Prohibited Items List at https://help.beomni.com/all-about-items/prohibited-items (“Prohibited Belongings”) in any Containers or otherwise in connection with the Storage Services.
Omni or its contractors may, at any time without notifying you, open any Containers or other packaging to inspect the Belongings if Omni:
- believes, in its sole discretion, that the Container or packaging may contain any Prohibited Belongings;
- is required to do so by the police, fire services, local authorities or by legal process; or considers it necessary, in its sole discretion, in an emergency or to prevent injury or damage to persons or property.
- In addition, Omni will need to open the Containers or packaging with your Belongings in order to photograph your Belongings as provided herein.
Omni may refuse to store any Belongings, or may return to you any Belongings, at your cost, at any time, if, in Omni’s sole discretion, the storage, or continued storage, of the Belongings might present a risk to the safety of any person, the security of the storage site, or any other goods stored at the storage site.
- Your Responsibilities.
You will be solely responsible for:
- complying with local, state, and federal laws, rules, and regulations regarding storage of items;
- ensuring that the Belongings have been securely packed into Containers (or otherwise packed as described above) so that they can be securely transported and so as not to cause injury or damage or the likelihood of injury or damage to your Belongings, Omni’s property, employees, agents, contractors, business partners, other goods, or other individuals, whether by spreading of dampness, infestation, leakage or the escape of fumes or substances or otherwise; and
- reimbursing Omni in full an amount equal to all damages, liabilities, costs, claims and expenses that Omni may incur as a result of your use of the Storage Service or any breach by you of these Terms.
- Omni’s Right to Withhold or Dispose of Belongings.
You are responsible for the timely payment of your fees and ensuring that your subscription does not lapse. Omni shall have the right to withhold and ultimately dispose of some or all of the Belongings if either:
- you do not pay any applicable fees or any other payments due under these Terms; or
- you abandon your Belongings, as described below.
You will be responsible for all storage charges and other associated costs reasonably incurred by Omni while withholding or disposing of the Belongings. Omni will provide you with 45 days’ written abandonment notice requiring you to pay all amounts due and contact Omni to arrange for re-delivery of the Belongings to the Specified Location. If upon the expiration of the 45-day notice period you have failed to pay all of the amounts due, Omni may dispose of some or all of the Belongings by sale or otherwise.
If in Omni’s opinion the Belongings cannot be sold for a reasonable price or at all (for any reason), or despite Omni’s reasonable efforts they remain unsold, you authorize Omni to treat them as abandoned and to destroy or otherwise dispose of them. You shall be responsible for all costs reasonably incurred by Omni in relation to the disposal of the Belongings. If Omni receives money on disposal of the Belongings, the net proceeds of sale will be credited to your account and Omni will pay any excess amounts to you without interest, less Omni’s administrative charges. Omni has no responsibility hereunder the compensate you for Belongings disposed of in accordance with these Terms other than as expressly set forth in the preceding sentence.
If, after having made reasonable efforts to do so, Omni is unable to return any excess amounts received by Omni from the disposal of your Belongings to you, including having given not less than 90 days’ written notice to you, then to the extent permitted by applicable law Omni may retain any such excess amounts for its own account. If the proceeds of sale (if any) are insufficient to discharge the outstanding charges or any other payments due to Omni under these Terms and the costs of sale, you must pay any balance outstanding to Omni within 7 days of a written demand from Omni. Interest will accrue on the balance in accordance with Section 8 below until the balance is paid in full.
- Omni Shield Protection Service Omni agrees to provide you with a limited indemnity regarding your Belongings, subject to certain conditions, as set forth in our Omni Shield Protection Service available at https://www.beomni.com/shield.
3. Item Transfer Services.
- The Services.
Subject to your compliance with these Terms, including without limitation, payment of all fees under your account, Omni shall provide you (a "Transferer") functionality by which a Transferer can temporarily transfer possession of certain of their Belongings to another user of their choice (“Recipient”), subject to Recipient’s timely payment of Recipient Transit Fees (as defined below), as follows:
- the Transferer can make available for viewing such of their Belongings as they designate available for potential transfer to a contact of their choice from their mobile device or social networking service connected to their Services account. The Transferer can then send an SMS message to such user via the Item Transfer Service. After this initial communication, the Recipient can offer to transfer such item by logging into their Services account (or creating an account) and responding to the Transferer via the Item Transfer Service; or
- a Transferer can also choose to make certain of their Belongings searchable to their connections within the Services. If another user is interested in temporary possession of a Belonging, such user can offer to transfer such item via their Services account (or creating an account) and responding to the Transferer via the Item Transfer Service.
If the Transferer accepts either type of the foregoing offers, any applicable transit fees associated with obtaining and returning such Belonging(s) ("Recipient Transit Fees") shall be applied to such Recipient’s Service account and any and all other terms of the transfer arrangement are entirely between the Transferer and the Recipient.
YOU UNDERSTAND AND AGREE THAT OMNI IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN TRANSFERERS AND RECIPIENTS ("TRANSFER AGREEMENT"), NOR IS OMNI A BROKER, AGENT OR INSURER. OMNI HAS NO CONTROL OVER THE CONDUCT OF TRANSFERERS OR RECIPIENTS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO MAKE YOUR BELONGINGS AVAILABLE VIA THE ITEM TRANSFER SERVICE, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH OMNI IS LIMITED TO BEING A SERVICES USER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF OMNI FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF OMNI. OMNI DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR TRANSFER AGREEMENT, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR TRANSFER AGREEMENT, OR ANY OTHER MATTERS RELATED TO ANY TRANSFER AGREEMENT, THAT YOU PROVIDE. YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF OMNI, INCLUDING BY INAPPROPRIATELY USING ANY OMNI INTELLECTUAL PROPERTY.
IN YOUR CAPACITY AS A RECIPIENT, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR CARE, CUSTODY AND RETURN OF ANY LOANED BELONGINGS, INCLUDING ANY LOSS OR DAMAGE THEREOF, IN ACCORDANCE WITH THESE TERMS AND ANY APPLICABLE TRANSFER AGREEMENT.
IN YOUR CAPACITY AS TRANSFERER, YOU UNDERSTAND AND AGREE THAT OMNI IS NOT RESPONSIBLE FOR THE ACTS OF THE RECIPIENT, AND WITH THE EXCEPT OF COLLECTION OF THE RECIPIENT TRANSIT FEES AND ASSOCIATED SERVICES, THE TRANSFER AGREEMENT, AND ANY DAMAGE OR LOSS RESULTING THEREFROM, IS ENTIRELY BETWEEN YOU AND THE RECIPIENT, AND OMNI SHALL HAVE NO LIABILITY THEREFOR.
You acknowledge that all transactions you enter into via the Item Transfer Service are between you and other Item Transfer Service users, whether acting as a Transferer or Recipient, and Omni is not a party to such transactions. Omni's sole involvement in user-to-user transactions is to make available a service for Transferers to make certain designated Belongings available for viewing and sending an initial communication to a potential Recipient and facilitating delivery and return of the applicable Belonging. Any Transfer Agreement initiated via the Item Transfer Service constitutes a contract directly between the applicable Transferer and Recipient for the provision of the stated Belongings subject to such terms as may be agreed to between the Transferer and Recipient.
You are solely responsible for investigating the qualifications, experience, skills and credentials of any user with whom you may communicate with through the Item Transfer Service. You acknowledge that with respect to the Transferer, Omni: (i) does not inspect or guarantee the adequacy or any other characteristics of any Belonging for any use, (ii) does not guarantee that the Belongings will be available or meet your needs, (iii) does not guarantee that the Belongings or their availability will conform with any provided descriptions or be similar in appearance to any provided photographs, (iv) does not screen Transferers with respect to their trustworthiness, history of violence, criminal background or any other background checks and (v) makes no warranties regarding the existence, safety, quality, adequacy or fitness for a particular purpose of any provided Belongings, that a Transferer has the proper rights to listed Belongings or that a Transferer will consummate any transaction. You acknowledge that with respect to the Recipients, Omni: (a) does not screen Recipients with respect to their trustworthiness, history of violence, criminal background or any other background checks; (b) does not guarantee any Recipient will consummate any transaction; (c) has no control over and makes no warranties as to whether Recipients will or will not return or damage your Belongings; and (d) makes no warranties as to whether a Recipient will perform its obligations under any Transfer Agreement. Additionally, you understand and agree that nothing in this Agreement or the Item Transfer Services shall be construed as, or result in, any leasehold, ownership or similar property right (or promise or representation of same) with respect to the applicable Belongings.
You are solely responsible for determining your legal obligations in relation to any Belongings you may offer or request or any Transfer Agreement you may enter into. Omni does not provide legal advice.
While Omni does not control the acts or omissions of Item Transfer Service users, Omni does desire for Item Transfer Service users to have a good experience using the Item Transfer Service and interacting with other users. As such, when you use the Item Transfer Service in a Transferer capacity, you agree to: (i) accurately describe your Belongings and availability and not make any false or misleading statements relating to any of the foregoing; and (ii) use your reasonable best efforts to timely complete all of your obligations under the Transfer Agreement and provide the Belongings in a professional and workmanlike manner as described in your Transfer Agreement. Without limiting Omni's other rights to terminate this Agreement or your use of the Item Transfer Service, you acknowledge that Omni may terminate your use of the Services and this Agreement in the event that Omni determines (in its sole discretion) that you have breached any portion of this Section.
4. Rental Service.
- The Services.
Subject to your compliance with these Terms, including without limitation, payment of all fees under your account, Omni shall provide you (a "Rental Owner") functionality by which a Rental Owner can temporarily rent certain of their Belongings to another user of their choice (“Renter”), subject to Recipient’s timely payment of Rental Fees (as defined below), as follows:
- the Rental Owner can make available for rental such of their Belongings as they designate to their connections via their Services account. A prospective Renter can then offer to rent such item by logging into their Services account and responding to the Rental Owner via the Rental Service; or
- the Rental Owner can make publicly available for rental such of their Belongings as they designate via the Services. Any Renter can then offer to rent such item by logging into their Services account (or creating an account) and responding to the Rental Owner via the Rental Service.
Note: If you make any Belonging publicly available via the Item Transfer Service, it will instead automatically be only available via the Rental Service. If you wish to make this Belonging available via the Item Transfer Service, remove it from public availability.
If the Renter accepts either type of the foregoing offers: (a) any applicable transit fees associated with obtaining and returning such Belonging(s); (b) the rental rates as applied to the selected rental duration; (c) and any additional fees for item damage or loss (collectively, the “Rental Fees”) shall be applied to such Renters’ Service account following the scheduled pickup time for the Belongings.
- Rental Agreement/p>
The Rental Agreement sets forth the terms and conditions which will apply to you when you rent out your Belongings using the Rental Service, as well as to Renters. As stated above, you agree to the terms of the Rental Agreement with respect to each rental using the Rental Service by agreeing to Omni's Terms of Service.
5. Online Services.
- The Service.
Subject to your compliance with these Terms, including without limitation, payment of all fees under your account, Omni shall photograph your Belongings packed in the Containers (“Belongings Photos”), and display the Belongings Photos to you under your Omni account, and to other users and/or the public in connection with the Item Transfer Service and/or the Rental Service, to the extent specified by you in your Services account settings.
- Online Service License Grant.
Subject to your compliance with these Terms, Omni grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to view and display the public content of the Site (including without limitation the Omni Content (as defined below)) through compatible web browser software for your personal, noncommercial use only to the extent necessary to use the Online Service and as permitted by the features of the Site. Omni reserves all rights not expressly granted herein in the Site and the Omni Content. Omni may terminate this license at any time for any reason or no reason on notice to you.
- User Content.
Some areas of the Site may allow Users to provide or upload content such as profile information, photos of Belongings, descriptions of Belongings, personal notes, comments, questions, and other content or information (collectively, “User Content”). You are solely responsible for the content of, and any harm resulting from, any User Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that content. Any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User Content. We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by posting User Content to the Site, you agree to grant Omni and other Users the rights granted in Section 5.E below. Omni has the right (but not the obligation) in its sole discretion to remove any User Content that is provided to or transmitted via the Site.
You may not, and agree not to, post User Content that:
- may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
- may create a risk of any other loss or damage to any person or property;
- seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; may constitute or contribute to a crime or tort;
- contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
- contains any information or content that is illegal or violates or infringes a third party’s Intellectual Property Rights (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
- contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
- contains any information or content that you know is not correct and current.
Omni reserves the right, but is not obligated, to reject and/or remove any User Content that Omni believes, in its sole discretion, violates these provisions.
For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, rights of privacy, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
- Representations and Warranties in Connection With Your User Content.
In connection with your User Content, you represent, warrant and covenant to Omni as follows:
- You have the right to post all User Content you submit, and have fully complied with any third-party licenses relating to User Content;
- You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Site and these Terms, and each such person has released you from any liability that may arise in relation to such use;
- Your User Content and Omni’s use thereof as contemplated by these Terms and the Services will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights;
- Omni may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise; and
- To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
Omni takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Site. You shall be solely responsible for your User Content and the consequences of posting or publishing it. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Omni shall not be liable for any damages you allege to incur as a result of User Content.
- User Content License Grant.
By posting any User Content on the Site, you hereby grant, and you represent and warrant that you have all rights necessary to grant, and do hereby grant, to Omni and its successors a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, adapt, distribute, syndicate, publicly perform, publicly display, make derivative works of and otherwise exploit all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services and Omni’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site and Services (and derivative works thereof) in any media formats and through any media channels. You also agree that Omni has the right to elect not to accept, post, store, display, publish or transmit any User Content in our sole discretion.
You agree that these rights and licenses include a right for Omni to make such User Content available to, and pass these rights along to, others with whom Omni has contractual relationships related to the provision of the Services, solely for the purpose of providing such services, and to otherwise permit access to or disclose your User Content to third parties if we determine such access is necessary to comply with our legal obligations.
If you elect to use any third-party service or application that is integrated with our Online Service, you also agree that the licenses granted to Omni in the preceding paragraph shall apply to User Content that is submitted or uploaded through such third-party service or application. We do not assume any responsibility for, or liability on account of, the actions or omissions of such third-party applications or service providers. Third-party applications (and the policies, terms and rules applicable thereto) may be modified, suspended or terminated at any time. Omni shall have no liability with respect to any such modification, suspension or termination. You are responsible for ensuring that your use of the Services in connection with any third-party application complies with all agreements, policies, terms and rules applicable to such third-party application.
6. Code of Conduct.
You may not, and agree not to, use the Online Service to transmit any content (including text, software, images, or other information) that:
- is unlawful or promotes unlawful activities;
- defames, harasses, abuses, threatens, or incites violence towards any individual or group;
- is pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- is spam, is machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of Omni or any third party;
- infringes any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights;
- impersonates any person or entity, including any of our employees or representatives; or
- violates the privacy of any third party.
In addition, you may not, and agree not to:
- use any data mining, scraping, crawling, or similar data gathering methods to access or obtain information through any means that Omni has not purposely made available through the Services;
- attempt to gain unauthorized access to any data or feature of the Services, or any other systems or networks connected to the Services or to any Omni server;
- probe, scan or test the vulnerability of the Services or any network connected to the Services;
- copy, distribute, or disclose any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;
- attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services;
- take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure;
- upload viruses, worms, or other software agents through the Services;
- collect or harvest any personally identifiable information, including account names, from the Services;
- use the Services for any commercial solicitation purposes;
- impersonate another person or otherwise misrepresent your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; or
- bypass the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
You acknowledge and agree that any liability, loss or damage that occurs as a result of any User interactions that you input or receive through your use of the Services is solely your responsibility. At our discretion, we, or technology we employ, may monitor and/or record your interactions with the Services.
7. Omni’s Rights in Connection with the Service.
- Content Rights.
While you own the User Content you upload or submit using our Online Service (subject to third-party rights), you acknowledge and agree that Omni (or our licensors) own all right, title and interest in and to the Services, including, without limitation, all software comprising a part of the Services that is hosted on our servers and all software deployed by you or a third party to enable you to use the Services (the “Software”).
- Intellectual Property Rights.
In agreeing to these Terms, you also agree that the Services and Software, including all Intellectual Property Rights therein, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms. In particular, you agree to not modify, create derivative works of, decompile, reverse engineer or otherwise attempt to extract source code from any Software, unless (and only to the extent) you are expressly permitted to do so under applicable law or an applicable open source license or we give you express written permission to do so.
- Right to Modify the Service.
We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Services and any Software, including changes that may affect the previous mode of operation of the Services. We expect that any such modifications will enhance the overall Services, but it is possible that you may not agree with us, and we shall have no liability in relation thereto. We also reserve the right to establish limits to the nature or size of storage available to you, the number of transmissions and messages, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute, your User Content and other data, and impose other limitations at any time, with or without notice.
You also acknowledge that a variety of Omni actions may impair or prevent you from accessing your User Content or using the Services at certain times and/or in the same way, for limited periods or permanently, and agree that Omni has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Omni Content or User Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Services.
- Right to Engage Third Parties.
- Right to Use Third-Party Software.
Omni may from time to time include as part of the Services computer software supplied by third parties, which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. Omni expressly disclaims any warranty or other assurance to you regarding such third-party software.
8. Pricing and Changes.
By using the Services or other paid services or products that Omni may provide from time to time, you agree to our pricing and payment terms, as we may update them from time to time. Omni may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms.
By agreeing to these Terms, you are giving us (or a third-party payment processor working on our behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe Omni. Depending on the transaction, we may charge you on a one-time or automatically, on a recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Site or Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Omni at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. Any amounts not paid when due shall bear interest at the rate of 1.5% per month or the maximum rate allowed by law, whichever is less.
Unless otherwise specified upon enrollment, for recurring charges, your payment method will be authorized for up to a month for the applicable Services account type and on a monthly basis thereafter until you cancel your account in accordance with this Section 8. You represent and warrant that you have all necessary rights relating to the provided payment instrument to authorize Omni to make such charges. Your use of the Services may be suspended if we are unable to charge such payment instrument for any reason or if your account is otherwise past due. The fees applicable to your account may be subject to modification from time to time pursuant to notice (which may be given via e-mail) provided by us at least thirty (30) days in advance of the payment date for which the modification would be effective. You may at any time cancel your account as set forth below if you do not agree to any modified fees. All fees must be paid in U.S. dollars (or such other currency(ies) which may be accepted by Company from time to time, as indicated at the time of payment) and are non-refundable.
YOU MAY CANCEL YOUR ACCOUNT AT ANY TIME BY CONTACTING SUPPORT AT HELLO@BEOMNI>COM.. NOTE: IN ORDER TO SUCCESSFULLY CANCEL YOUR ACCOUNT, YOU WILL NEED TO EITHER REMOVE ALL BELONGINGS FROM OUR FACILITIES OR PROVIDE OMNI WITH THE AUTHORIZATION TO FORFEIT AND REMOVE/DESTROY YOUR BELONGINGS – OTHERWISE YOU WILL CONTINUE TO BE CHARGED RENTAL FEES. IF YOU CANCEL YOUR ACCOUNT IN ACCORDANCE WITH THE FOREGOING, YOU MAY STILL USE YOUR ACCOUNT UNTIL THE END OF YOUR THEN-CURRENT ACCOUNT MONTH. TO NOT BE CHARGED RECURRING RENTAL FEES FOR YOUR ACCOUNT FOR THE FOLLOWING ACCOUNT MONTH, YOU MUST CANCEL YOUR ACCOUNT IN ACCORDANCE WITH THE FOREGOING AT LEAST THIRTY (30) DAYS PRIOR TO THAT MONTH, OR YOU WILL OTHERWISE BE CHARGED FOR THAT MONTH’S RECURRING FEES. ALL CANCELLATION REQUESTS RECEIVED LESS THAN THIRTY (30) DAYS BEFORE THE FOLLOWING RECURRING FEE MONTH WILL APPLY TO THE FOLLOWING CYCLE.
IN THE EVENT THAT OMNI SUSPENDS OR TERMINATES YOUR ACCOUNT OR THESE TERMS FOR YOUR BREACH OF THESE TERMS: (A) YOU WILL RECEIVE NO REFUND OR EXCHANGE FOR ANY UNUSED STORAGE TIME, ANY LICENSE OR SUBSCRIPTION FEES FOR ANY PORTION OF THE SITE OR STORAGE SERVICES, ANY CONTENT OR DATA ASSOCIATED WITH YOUR ACCOUNT, OR FOR ANYTHING ELSE; AND (B) YOU WILL CONTINUE TO BE LIABLE FOR RENTAL FEES UNTIL YOU EITHER REMOVE ALL BELONGINGS FROM OUR FACILITIES OR PROVIDE OMNI WITH THE AUTHORIZATION TO FORFEIT AND REMOVE/DESTROY YOUR BELONGINGS.
9. Mobile App.
To use the Mobile App you must have a compatible mobile device. Omni does not warrant that the Mobile App will be compatible with your mobile device. Omni hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use a compiled code copy of the Mobile App for one Omni account on one mobile device owned or leased solely by you, for your personal use. You may not:
- modify, disassemble, decompile or reverse engineer the Mobile App, except to the extent that such restriction is expressly prohibited by law;
- rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile App to any third party or use the Mobile App to provide time sharing or similar Sites for any third party;
- make any copies of the Mobile App;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile App, features that prevent or restrict use or copying of any content accessible through the Mobile App, or features that enforce limitations on use of the Mobile App; or
- delete any copyright or other proprietary rights notices on the Mobile App.
You acknowledge that Omni may from time to time issue updated versions of the Mobile App, and (if supported by and enabled on your applicable mobile device) may automatically electronically update the version of the Mobile App that you are using on your mobile device. These Terms (as they themselves may be updated) apply to all such updates. Any third-party code that may be incorporated in the Mobile App is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile App or any copy thereof, and Omni (or its licensors) retain all right, title, and interest in the Mobile App (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. Omni reserves all rights not expressly granted under these Terms.
- Mobile App from iTunes.
If you are using the Mobile App on an Apple, Inc. (“Apple”) iOS device, the foregoing license is further limited to use permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. Any use of the Mobile App other than for private, non-commercial use is strictly prohibited. You hereby acknowledge and agree that Apple: (i) is not a party to this Agreement; (ii) has no obligation whatsoever to furnish any maintenance or support services with respect to the Mobile App; (iii) is not responsible for addressing claims by you or any third party relating to the Mobile App, including any product liability claims, claims under consumer protection laws or claims under any other law, rule or regulation; (iv) has no responsibility to investigate, defend, settle or discharge any claim that the Mobile App or use thereof infringes any third party intellectual property rights; and (v) and its subsidiaries are each a third party beneficiary of these Terms with the right to enforce its terms against you directly.
10. Our Proprietary Rights.
Except for your User Content and User Content belonging to other Users, the Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, trademarks, copyrights, photographs (including Belongings Photos), audio, videos, music (“Omni Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Omni and its licensors (including other Users who post User Content to the Site). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Omni Content or third-party User Content. Use of the Omni Content for any purpose not expressly permitted by these Terms is strictly prohibited.
You may choose to or we may invite you to submit feedback, comments, suggestions, error identifications, or ideas about theServices, including without limitation about how to improve the Services, or our other services or products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Omni under any fiduciary or other obligation, and that we are free to exploit the Feedback and related information in any manner we deem appropriate on a worldwide, perpetual basis without any compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Omni does not waive any rights to use similar or related ideas previously known to Omni, or developed by its employees, or obtained from sources other than you.
11. Disclaimer of Warranties.
THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OMNI OR THROUGH THE SITE OR IN CONNECTION WITH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, OMNI, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SITE OR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT (INCLUDING OMNI CONTENT) DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.
OMNI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OMNI SITE OR STORAGE SERVICES OR ANY WEBSITE OR SERVICE HYPERLINKED TO THE SITE, AND OMNI WILL NOT BE A PARTY TO OR MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
SOME JURISDICTIONS MAY NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold Omni and its affiliated companies, and each of their agents, licensors, officers, managers, directors, employees and contractors (collectively, the “Omni Entities”), harmless from any claims, losses, damages, liabilities, costs and expenses, including reasonable attorney’s fees, (any of the foregoing, a “Claim”) arising out of or relating to your use or misuse of the Services (or the use or misuse of the Services by anyone using your user name and password), violation of these Terms or infringement, misappropriation or violation of the Intellectual Property Rights or other rights of any other person or entity, your Belongings, User Content (or anything else you submit in connection with the Services), Transfer Agreements or use or misuse (including in connection with the Item Transfer Service and the Rental Service) of other Users’ Belongings, provided that the foregoing does not obligate you to the extent the Claim arises out of Omni’s willful misconduct or gross negligence. Omni reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
13. Limitation of Liability.
- Exclusive Remedy for Loss or Damage.
Omni’s SOLE RESPONSIBILITY, and your SOLE REMEDY, for any loss of or damage to your Belongings as a result of the Services (the “Covered Claims”), is as provided in the Omni Shield Protection Service at beomni.com/shield. To the maximum extent permitted by applicable law, you hereby release and waive all other claims that you may have against any Omni Entities, together with our contracted delivery company and your apartment building ownership and management, from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to any Covered Claim. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law that may relate to waiver of unknown claims, including the provision of California Civil Code § 1542 (which provides that, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”).
- Other Limitations.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE OMNI ENTITIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL THE OMNI ENTITIES BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OMNI HEREBY DISCLAIMS ANY LIABILITY AND RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES (EXCEPT AS EXPRESSLY PROVIDED IN THE OMNI SHIELD PROTECTION SERVICE); (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. EXCEPT AS EXPRESSLY PROVIDED IN THE OMNI SHIELD PROTECTION SERVICE, IN NO EVENT SHALL THE OMNI ENTITIES BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO OMNI HEREUNDER IN THE TWELVE (12) MONTHS PRIOR TO THE DATE THE LAST CAUSE OF ACTION AROSE OR $100, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF OMNI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Services are controlled and operated from facilities in the United States. Omni makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. All materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.
14. Business Failure
In the event that Omni ceases operations, we will attempt to make reasonable efforts to return your Belongings to you, but cannot guarantee if and when such returns will occur. Omni will not be liable for any failure to return Belongings in the event of a business failure.
15. Governing Law, Arbitration, and Class Action/Jury Trial Waiver.
- Governing Law.
This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and we each hereby irrevocably consent to the exclusive personal jurisdiction of the federal and state courts located in San Francisco, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our Intellectual Property Rights, as set forth in the Arbitration provision below.
If you believe you have a Covered Claim, you must submit it to us as described in our Omni Shield Protection Service. For any other dispute with Omni, you agree to first contact us at email@example.com. and attempt to resolve the dispute with us informally.
Agreement to Arbitrate. This Section 15.B is referred to herein as the “Arbitration Agreement.” The parties agree that any and all controversies, claims, or disputes between you and Omni arising out of, relating to, or resulting from these Terms, shall be subject to binding arbitration pursuant to the terms and conditions of this Arbitration Agreement, and not any court action (other than a small claims court action to the extent the claim qualifies). The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Class Action Waiver. THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).
Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures (the "AAA Rules"), as modified by this Arbitration Agreement. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would, including without limitation, the limitation of liability provisions in Section 13.B. You may visit http://www.adr.org for information on the AAA and http://www.adr.org/fileacase for information on how to file a claim against Omni.
Venue. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Omni may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on each party, but subject to the arbitrator's discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by either or both parties unless the arbitrator requires otherwise.
Governing Law. The arbitrator will decide the substance of all claims in accordance with the laws of the state of California, without regard to its conflicts of laws rules, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Services users, but is bound by rulings in prior arbitrations involving you to the extent required by applicable law.
Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA's Rules. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees.
Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability. If a court decides that any term or provision of this Arbitration Agreement other than the Class Action Waiver set forth above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of the Class Action Waiver is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of this Agreement will continue to apply.
You may terminate these Terms at any time by notifying us of the termination by sending an email to firstname.lastname@example.org., or by engaging with our live support via the chat functionality on the Online Services, requesting the return of your Belongings through the Services and paying any outstanding fees due to us. Upon termination of your account for any reason or no reason, you continue to be bound by these Terms with respect to your actions and transactions occurring prior to such termination.
Upon termination of these Terms for any reason all of your rights and licenses to the Online Service shall terminate, effective immediately, and all the unpaid fees shall become due and payable. Once you have paid all the fees and expenses due under your account, Omni shall deliver your Belongings to the Specified Location within a reasonable time. It is your responsibility to pick up the Belongings from the Specified Location. Omni’s responsibility in connection with your Belongings ends upon delivery of your Belongings to the Specified Location. If within 45 days following termination of these Terms for any reason you fail to arrange for delivery of all of your Belongings, then Omni may process the Belongings as provided above.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without Omni’s prior, written consent, but may be freely assigned by Omni without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
- Force Majeure.
Notwithstanding anything to the contrary, Omni will not be liable or responsible for any damage to or loss of any Belongings, or failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events outside its reasonable control (including but not limited to acts of God, flood, earthquake, windstorm or other natural disaster; war, armed conflict, terrorist attack, civil war, civil commotion or riots; nuclear, chemical or biological contamination; any law or government order, rule, regulation or direction, or any action taken by a government or public authority; fire, explosion or accidental damage; adverse weather conditions; interruption or failure of utility service, including but not limited to electric power, gas or water; any labor dispute, including but not limited to strikes, industrial action or lockouts; non-performance or delay by suppliers or subcontractors; and failure of plant machinery, machinery, vehicles, computers, the Internet or telecommunications.
- Changes to the Agreement.
Omni may make modifications, deletions and/or additions to these Terms (“Changes”) at any time. Changes will be effective: (i) thirty (30) days after we provide notice of the Changes, whether such notice is provided through the Services user interface, is sent to the e-mail address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of these Terms incorporating the Changes, whichever comes first. If you do not agree to any future Terms and have an active subscription to the Services, please notify us within 10 days of the effectiveness of the revised Terms for a prorated refund of the applicable subscription fees.
- Entire Agreement; Severability.
This Agreement constitutes the entire agreement between you and Omni concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, except that in the event of the unenforceability of the Class Action Waiver, the entire Arbitration Agreement shall be unenforceable.
- No Waiver.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Omni’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
If you have any questions about these Terms, please contact us at email@example.com.
- Governing Law.