Homepages
Last updated: August 16, 2021
These terms and conditions of use are entered into by and between you and nuOnosys, Inc., d/b/a/ Onosys, including our subsidiaries and affiliates (“Onosys,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms”), govern your access to and use of <https://www.onosys.com/>, our mobile applications for IOS and Android, and any other website owned or operated by Onosys, including any content, functionality, and services offered through any of the foregoing (collectively, the “Website”), whether as a guest or a registered user.
These Terms also govern your access to and use of the Storefronts, as defined below. As used in these Terms, the “Website” does not include the Storefronts, which are addressed below.
Please read the Terms carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not access or use the Website.
Our Website, as well as each Storefront, is not intended for children under the age of 18. We will not knowingly collect personally identifiable information via the Website or Storefront from visitors in this age group and will take prompt steps to delete any such personally identifiable information. This Website and each Storefront is offered and available to users who are 18 years of age or older. By using this Website or any Storefront, you represent and warrant that you are of legal age to form a binding contract with Onosys and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or any Storefront.
Notwithstanding anything to the contrary herein, all transactions for the sale of products or services from Onosys are governed by the applicable product-specific or service-specific terms provided separately to you at the time of purchase.
Additional terms and conditions (“Additional Terms”) may also apply to specific portions, services, or features of the Website or applicable Storefront. All such additional terms and conditions are hereby incorporated by this reference into these Terms.
These Terms, our Privacy Policy and our Cookie Policy, described below, and any Additional Terms constitute the sole and entire agreement between you and Onosys regarding the Website and any Storefront and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website or Storefronts.
As a service provider to our corporate clients (“Operators”), we provide a web-based platform through which the Operators may create and host customer-facing websites to facilitate online transactions. Most of these websites have some annotation to indicate that the page is “powered by Onosys,” or otherwise disclose the applicable Operator’s relationship with Onosys. In these Terms, we refer to these customer-facing websites which are jointly provided by Onosys and the applicable Operator as “Storefronts.” Note that the Storefronts are entirely separate from the Website. Although the Storefronts may separately transmit certain information to Onosys (as described in our Privacy Policy), the Storefronts do not interact with the Website.
When visiting a Storefront, you agree to comply with and be bound by these Terms. In addition, you also agree to be bound by any additional terms provided by the Operator, including any terms related to sale, payment processing, acceptable use, and the Operator’s own privacy policy, if applicable.
Onosys may modify or supplement these Terms at any time in its sole discretion. All changes are effective immediately when Onosys posts them. Your continued use of the Website or any Storefront following the posting of revised Terms means that you accept and agree to the changes. Therefore, you should visit this web page periodically to determine the current Terms to which you are bound. Your failure to comply with these Terms as they may be modified from time to time will constitute breach of contract and may violate Onosys’s or the applicable Operator’s copyright, trademark, and other proprietary and intellectual property rights.
Onosys reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Website or any part of the Website from time to time, for any or no reason and without notice. Similarly, you acknowledge that either Onosys or the applicable Operator may modify, suspend, or discontinue, temporarily, the Storefronts or any part thereof, for any or no reason and without notice. You agree that neither Onosys nor any Operator will be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or Storefront. Onosys or the applicable Operator may change the content, information, and materials on the Website or Storefront, as applicable, from time to time at its sole discretion.
To access the Website or any of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
Onosys is sensitive to privacy issues with respect to the use of personal information that visitors to the Website provide. All information we collect on the Website is subject to our Privacy Policy, found at https://www.onosys.com/privacy-policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Additionally, to access the Storefront or any of the resouces it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Storefront that all information you provide on the Storefront is correct, current, and complete. Some Storefronts may transmit your information to Onosys, in accordance with our Privacy Policy and Cookie Policy. Additionally, the Operators may collect, disclose, and use your information for other purposes, as further described in the applicable Operator’s privacy policy. By using any Storefront, you consent to all actions taken by us or the applicable Operator with respect to your information and in compliance with the Privacy Policy, Cookie Policy, and any privacy or cookie policy provided by the applicable Operator.
The Website and Storefronts, and their respective contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by Onosys or the applicable Operator, their respective affiliates and licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Website or Storefronts for any lawful personal or commercial use, subject to the restrictions set forth in these Terms (the “Permitted Use”). You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or Storefronts, except as follows:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your web browser for display enhancement purposes.
• You may print one copy of a reasonable number of pages of the Website or Storefront for the Permitted Use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for the Permitted Use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
• Modify copies of any materials from the Website or Storefronts.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website or Storefronts.
You must not access or use for any commercial purposes any part of the Website, Storefront, or any services or materials available through the Website or Storefront, respectively.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or Storefront in breach of these Terms, your right to use the Website or applicable Storefront will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website, Storefront, or any content on the Website or Storefront is transferred to you, and all rights not expressly granted are reserved by Onosys, the applicable Operator, and their respective licensors. Any use of the Website or Storefront not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Our company name, the Onosys logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Onosys or its affiliates or licensors. You must not use such marks without the prior written permission of Onosys. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners, including, as applicable, each Operator.
You acknowledge that each Storefront may also contain names, trademarks, logos, product and service names, designs, or slogans, in each case owned by Onosys, the Operator, or their respective affiliates or licensors. You must not use such marks without the written permission of Onosys or the Operator, as applicable.
You may use the Website and Storefronts only for lawful purposes and in accordance with these Terms. You agree not to use the Website or Storefronts:
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To provide service bureau or other access or use of the Website or Storefronts to third parties or to compete with us or the applicable Operator.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate Onosys, a Onosys employee, any Operator, any Operator employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or Storefronts, or which, as determined by us, may harm Onosys, any Operator, or users of the Website or Storefronts, or expose them to liability.
Additionally, you agree not to:
• Use the Website or Storefronts in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website or Storefronts, including their ability to engage in real time activities through the Website or Storefront.
• Use any robot, spider, or other automatic device, process, or means to access the Website or any Storefront for any purpose, including monitoring or copying any of the material on the Website or Storefront.
• Use any manual process to monitor or copy any of the material on the Website or Storefront, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website or any Storefront.
• Introduce any viruses, Trojan horses, unauthorized encryption, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or Storefront, the server on which the Website or any Storefront is stored, or any server, computer, or database connected to the Website or any Storefront.
• Attack the Website or any Storefront via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website or any Storefront.
The Website or any Storefront may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, product selection tools, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website or applicable Storefront.
All User Contributions must comply with the Content Standards set out in these Terms below. Any User Contribution you post to the Website or any Storefront will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website or any Storefront, you grant us and our affiliates and service providers, and each of their and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Onosys or any Operator, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website or Storefront.
These content standards (“Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy < >.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Onosys or the Operator, as applicable, has the right to:
• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website, Storefront or the public, or could create liability for Onosys or any Operator.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or Storefront.
• Terminate or suspend your access to all or part of the Website or any Storefront for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or any Storefront.
YOU WAIVE AND HOLD HARMLESS ONOSYS, EACH OPERATOR, AND OUR AND THEIR RESPECTIVE AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Neither we nor any Operator undertakes to review all material before it is posted on the Website or Storefront, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Onosys and the Operators assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Onosys and each Operator has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. Notwithstanding the foregoing, nothing in these Terms shall be construed as a waiver of any of Onosys’ actual or potential rights or claims against any Operator.
This section applies to any portion or area of the Website or any Storefront that requires login credentials. In order to access certain areas of the Website or specific Storefronts, you may need to register through the procedure that may be described on the applicable portion of the Website or Storefront. In connection with the registration process, you will be asked for certain information. You represent that any information you provide to Onosys or the Operator during this registration process is accurate. You agree not to impersonate another person or create false account information. You agree to promptly update any account information when such information changes.
In connection with registering for access to restricted portions of the Website or Storefront, you also will be assigned a username and password. Your username and password are for your own use only. You must keep them confidential and you must not disclose them to anyone else. You are responsible for all activity on the Website or Storefront through the use of your username and password. If you believe someone else may have gained access to your username and password for any reason (including without limitation due to theft or inadvertent disclosure), you should change them immediately.
Onosys and some Operators use security measures to protect against unauthorized access to registered customer accounts. However, no security measures are perfect and you agree that neither Onosys nor any Operator is responsible for any failure of such security measures to prevent unauthorized access to an account. You agree to observe all security features on the Website and Storefront and not to disable or circumvent any security features or devices.
Onosys or or the applicable Operator reserves the right, in its sole discretion, to suspend user privileges and block your access or use of the Website or applicable Storefront (in whole or in part) temporarily, indefinitely, or permanently at any time, for any reason, with or without prior notice, without liability to you or any third party.
You pay for orders via the Website or a Storefront, and, in some instances, Operators may allow in-store payment. You agree that we may immediately authorize your credit card (or other approved payment type) for the full amount of any order, plus a convenience charge where applicable, made under your account and password. You acknowledge and agree that you will pay assessed charges for any and all orders placed from your account, regardless of whether you actually receive the products ordered. If you have any questions about a transaction on your credit card statement, you may contact us at 888.ONOSYS.NOW, or email us at: support@onosys.com.
Customer satisfaction is very important to us. All refunds are subject to the refund policies of the Operators from which you order. If you contact us, we cannot process any refund without approval from the applicable Operator. We will use reasonable efforts to request and obtain refunds where appropriate.
The information presented on or through the Website and Storefronts is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or Storefront, or by anyone who may be informed of any of its contents.
The Website and Storefronts may include content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Onosys, are solely the opinions and the responsibility of the person or entity providing those materials, including any Operators. These materials do not necessarily reflect the opinion of Onosys or its affiliates.
Any reference in the Website to other companies or their products or services (including links to other websites) does not constitute or imply Onosys’s endorsement or recommendation of that company or its products and services. Onosys does not monitor or control the content of any websites linked to or from the Website. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
The Website and any Storefront may provide certain social media features that enable you to:
* Link from your own or certain third-party websites to certain content on the Website or applicable Storefront.
* Send emails or other communications with certain content, or links to certain content, on the Website or applicable Storefront.
* Cause limited portions of content on the Website or Storefront to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
* Establish a link from any website that is not owned by you.
* Cause the Website, any Storefront, or portions of the foregoing to be displayed on, or appear to be displayed by, any other website, for example, framing, deep linking, or in-line linking.
* Link to any part of the Website or Storefront other than the homepage.
* Otherwise take any action with respect to the materials on the Website or any Storefront that is inconsistent with any other provision of these Terms.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms. You agree to cooperate with us or any Operator in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We or any Operator may disable all or any social media features and any links at any time without notice in our discretion.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, the Website, or any Storefront will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, NEITHER WE NOR ANY OPERATOR WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, ANY STOREFRONT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR STOREFRONT, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE FOREGOING, OR ON ANY WEBSITE LINKED TO THE FOREGOING.
YOUR USE OF THE WEBSITE, ANY STOREFRONT, THEIR RESPECTIVE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR STOREFRONT IS AT YOUR OWN RISK. THE WEBSITE, EACH STOREFRONT, THEIR RESPECTIVE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR ANY STOREFRONT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER ONOSYS NOR ANY PERSON ASSOCIATED WITH ONOSYS, INCLUING ANY OPERATOR, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ANY STOREFRONT. WITHOUT LIMITING THE FOREGOING, NEITHER ONOSYS NOR ANYONE ASSOCIATED WITH ONOSYS, INCLUDIING ANY OPERATOR, REPRESENTS OR WARRANTS THAT THE WEBSITE, THE STOREFRONT, THEIR RESPECTIVE CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR STOREFRONT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE, STOREFRONT, OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, ANY STOREFRONT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR STOREFRONTS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, ONOSYS AND EACH OPERATOR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. PRODUCT IMAGES AND CALCULATIONS ARE APPROXIMATIONS AND ESTIMATIONS ONLY. THE WEBSITE AND EACH STOREFRONT MAY INCLUDE TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS OR OTHER ERRORS AND OMISSIONS. NEITHER ONOSYS NOR ANY OPERATOR SHALL BE LIABLE FOR YOUR RELIANCE ON THE WEBSITE OR ANY STOREFRONT FOR ANY PURPOSES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ONOSYS, ANY OPERATOR, OR OUR RESPECRIVE AFFILIATES, 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 STOREFRONT, ANY CONTENT ON THE WEBSITE, STOREFRONT, 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.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ONOSYS, ANY OPERATOR, AND OUR RESPECTIVE AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
If any provision in these Terms is held invalid, illegal, or unenforceable for any reason, the remaining provisions shall remain effective to the fullest extent permitted by applicable law.
No waiver by Onosys or any Operator of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Onosys or any Operator to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver shall be effective unless it is set forth in writing and signed by Onosys.
You agree to defend, indemnify, and hold harmless Onosys, each Operator, and our respecrive affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website or any Storefront, including, but not limited to, your User Contributions, any use of the Website's or any Storefront’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website or Storefront.
You acknowledge and agree that because the violation, breach, or threatened breach of these Terms would result in immediate and irreparable injury to Onosys, Onosys shall be entitled, without limitation of remedy, to (i) temporary and permanent injunctive and other equitable relief restraining you from activities constituting a violation, breach, or threatened breach of these Terms to the fullest extent allowed by law, and (ii) all such other remedies available at law or in equity, including, without limitation, the recovery of damages.
All matters relating to the Website and these Terms, and any matter, dispute or controversy arising out of or related thereto will be governed by Ohio law, excluding its conflicts of law principles, and the provisions of the 1980 United Nations Convention on the International Sale of Goods (“UNCISG”) are expressly excluded.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the State Courts located in Cleveland, Ohio, and the United States District Court for the Northern District of Ohio, and such courts will constitute the sole and exclusive judicial forum(s) and venue and, therefore, will have sole and exclusive jurisdiction over the adjudication and resolution of any and all matters, disputes and controversies arising out of or related to these Terms or your use of the Website. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR ANY STOREFRONT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You consent to receive communications from us and any applicable Operator electronically. You agree that all agreements, notices, disclosures, and other communications that we or any Operator provide to you electronically satisfy any legal requirement that such communications be in writing.
This Website is operated by nuOnosys, Inc., located at:
5005 Rockside Road, Suite 1100
Independence, Ohio 44131
You agree that any information, ideas, suggestions, or materials that you or individuals acting on your behalf send to us, including feedback, data, questions, comments, product or service ideas, know-how, or suggestions relating to the Website or any Storefront (collectively, “Suggestions”), will not be considered confidential or proprietary, even if the Suggestions are labeled “Confidential” or “Proprietary.” Further, you agree that we (and any applicable Operator) will have the unrestricted and perpetual right to use, reproduce, and disclose such Suggestions, in any manner and for any purpose (including, without limitation to, improve the Website, any Storefront, and our products and services and to develop, market, and offer other products or services that incorporate or otherwise embody the Suggestions), without providing any notice, compensation, or attribution to you.
All Suggestions, requests for technical support, and other communications relating to the Website or these Terms should be directed to:
5005 Rockside Road, Suite 1100
Independence, Ohio 44131
Or call us at: 888.ONOSYS.NOW
Or email us at: support@onosys.com
Specific questions about our Privacy Policy, our Cookie Policy, or your privacy rights should be directed to our Compliance Department, at privacy@onosys.com, or by post to:
Compliance Department
Onosys
5005 Rockside Road, Suite 1100
Independence, OH 44131
United States
AK3:1345307_v2