Omega One Terms of Use

Thank you for visiting Omega One Bermuda Ltd. (“Omega One”). Please carefully read these Terms of Use and the Omega One Privacy Policy, which is incorporated into these Terms of Use by this reference. These Terms of Use apply to Omega One’s applications, services and our website at Omega.one (collectively, the “Services”).

Unless otherwise noted, the Services are the property of Omega One and its licensors. By using the Services, you agree to these Terms of Use, our Privacy Policy and all applicable laws and regulations. If you do not agree to these Terms of Use, do not use the Services.

The Services are not intended for the use of children under 18 and no such person is authorized to use them. By using the Services, you are representing that you are at least 18 years old. You also represent, by accessing or using the Services, that you are of legal age to enter into legal agreements, or if you are not, that you have obtained your parent’s or legal guardian’s consent to accept these Terms of Use.

Omega One reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes indicates your agreement to and acceptance of the changes.

Privacy and Data Security

Please refer to Omega One’s Privacy Policy at for information on how we collect, use and disclose information from our users. The Privacy Policy is incorporated into these Terms of Use by this reference. Additionally, by using the Services, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that transmissions to or through the Services may be intercepted by others, and users assume the risk of security breaches and all consequences resulting from them. Please do not send us any sensitive personal information.

Content

Unless otherwise noted, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained in the Services is owned, controlled or licensed by or to Omega One and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights.

Except as expressly provided in these Terms of Use, no part of the Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Omega One’s express prior written consent.

User Submissions, Feedback and Information

You acknowledge and agree that any submission, feedback, comments or suggestions you may provide regarding the Services either directly or indirectly (for example, through the use on a third-party social media site of a company-designated hashtag) (collectively, “Submissions”) is non-confidential and non- proprietary, shall be treated as public information, may be shared with others on other sites and platforms and be in compliance with these Terms of Use. Submissions that constitute feedback, comments or suggestions will be the sole and exclusive property of Omega One and you hereby irrevocably assign to us all of your right, title and interest in and to all such Submissions, and Omega One shall have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such Submissions in any manner it chooses.   With respect to all other Submissions, you hereby grant Omega One an irrevocable, worldwide and perpetual license to use such Submissions as contemplated in these Terms of Use.

Your submission constitutes a warranty and indemnity that you have sufficient license and/or other rights in the content to allow all desired use by Omega One. User consents, for themselves and on behalf of any children whose information such User submits to Omega One, to the use by Omega One of the information in compliance with all applicable laws. You are responsible for any Submission you provide and for any consequences arising therefrom.

Your Use of the Services

In connection with your use of the Site, you agree that you will not:

  • post, upload, publish, submit or transmit any material that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances;
  • interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • use the Services to transmit, distribute, post or submit any information concerning any other person or entity;
  • violate any local, state, provincial, national, or other law or regulation, or any order of a court;
  • “scrape,” “crawl” or “spider” any web pages or other services contained in the Services;
  • display, mirror or frame the Services, or any individual element within the Services, Omega One’s name, any Omega One trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Omega One’s express written consent;
  • access, tamper with, or use non-public areas of the Services, Omega One’s computer systems, or the technical delivery systems of Omega One’s providers;
  • attempt to probe, scan, or test the vulnerability of any Omega One system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Omega One or any of Omega One’s providers or any other third party (including another user) to protect the Services or any of the content on the Services;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

Any conduct by a User that in our discretion restricts or inhibits any other user from using or enjoying the Services is expressly prohibited.

Omega One reserves the right, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Services, or any portion of the Services, and any applicable policies or terms; and (3) to interrupt the operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Copyright Policy

We do not permit copyright infringing activities and infringement of intellectual property rights on the Site and will remove any such content if properly notified that such content infringes on another’s intellectual property rights. Do not submit material that infringes copyright, is pornographic, obscene, violent or otherwise violates these Terms of Use or applicable law.  If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
  • description of the copyrighted work that you claim has been infringed;
  • description of the material that you claim is infringing and where it is located on the Site;
  • identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at clients@omega.one.

Upon receipt of such notice, we will investigate and remove material if necessary. You will be notified of the results of such investigation

Security

While Omega One believes and intends that its information security practices reflect good practice, there is no such thing as perfect information security. As such, users assume the risk of security breaches and all consequences resulting from them.

Links to Other Sites

The Services contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Omega One’s control, and Omega One is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.

Disclaimer; Limitation of Liability

THE SERVICES AND ALL TOOLS AND CONTENT OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS, AS AVAILABLE.” ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

The above disclaimer applies to any damages, liability or injuries, whether for breach of contract, tort, negligence or any other cause of action.

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WILL OMEGA ONE OR ITS THIRD PARTY VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF OMEGA ONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.

Indemnity

You agree to indemnify and hold Omega One harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Omega One by any third party due to or arising out of or in connection with (1) your access to or use of the Services; (2) your violation of these Terms of Use or any applicable law or regulation, (3) your violation of any rights of any third party; or (4) any disputes or issues between you and any third party.

Violation of These Terms of Use

Omega One may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Omega One’s rights or property, or the rights or property of visitors to or users of the Services. Omega One reserves the right at all times to disclose any information that Omega One deems necessary to comply with any applicable law, regulation, legal process or governmental request. Omega One also may disclose your information when Omega One determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You agree that Omega One may, in its sole discretion, without prior notice and to the extent applicable, terminate your access to the Services and/or block your future access to the Services if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Services. You also agree that any violation by you of these Terms of Use will cause irreparable harm to Omega One for which monetary damages would be inadequate, and you consent to Omega One obtaining any injunctive or equitable relief that Omega One deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Omega One may have at law or in equity.

Governing Law

You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of Bermuda excluding: (1) its conflicts of law principles; and (2) the United Nations Convention on Contracts for the International Sale of Goods.

Dispute Resolution

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

No Class Arbitrations, Class Actions or Representative Actions. Any dispute, claim, suit, or controversy arising out of or in any way connected with these Terms of Use and the use of the Services (collectively, “Disputes”) will be resolved solely through an individual action and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

Jurisdiction. To the extent that any lawsuit or court proceeding is permitted under these Terms of Use, to the fullest extent permitted by law you agree to submit to the personal and exclusive jurisdiction of the courts located in Bermuda for the purpose of litigating all such disputes. You also waive your rights to a jury trial.

Time Limit for Claims. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein.

Jurisdiction

Omega One is Bermuda company with service providers located outside Bermuda, including in the United States. Although the Services are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Services are available to or appropriate for all persons or in all geographic locations. If you choose to access the Services, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may preserve these Terms of Use in written form by printing it for your records, and you waive any other requirement that these Terms of Use be evidenced by a written document. You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Services, in violation of any applicable laws or regulations.

All provisions of these Terms of Use are severable, and the unenforceability or invalidity of any of the provisions will not affect the enforceability or validity of the remaining provisions. These Terms of Use, together with the Privacy Policy and any other legal notices published by Omega One, constitute the entire agreement between you and Omega One with regard to your use of the Services. Omega One’s failure to insist on or enforce strict performance of these Terms of Use shall not be deemed a waiver by Omega One of any provision or any right it has to enforce these Terms of Use. Any such waiver must be in writing in order to be effective. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Canada

The parties declare that they have required that these Terms of Use and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.

Notice for California Users

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Questions and Contact Information

Omega One is located at:

Omega One

52 Reid Street, Hamilton HM12 Bermuda

Please contact us if you have any questions about our Terms of Use. You may contact us by sending correspondence to the foregoing address or by emailing us at clients@omega.one.