Acceptance of Terms
OMX ("OMX"/"we"/"us") make the website www.theomx.com (the "Website") available as an onlinesupply chain assessment platformthrough a user-friendly interface (the "Services"). By accessing or using the Services you are also agreeing to be bound by the following terms and conditions ("Terms of Service”), including any subsequent changes or modifications to them. If you do not agree to these Terms of Service or to our
Important Service Limitations
The Services are not intended for use by minors. If you are below the age of 18 please do not register or attempt to use the Services.
Privacy and Communications
Accounts, Passwords, and Security
The Services allow you to access and review supply chain data through an online user-friendly interface. Certain areas of the Website require you to register with OMX ("Registered Users"), whereas other portions are open to anyone who visits the Website (the "General Users", and together with Registered Users, the "Users"). Registered Users are able to post information pertaining to supply chain, which ismade available to other Registered Users and may be made available to General Users. Registered Users will only have their contact information made available to third parties if this setting is manually selected during the registration process. If a verified representative of the User requests that we take down their profile, we will do so within a reasonable period of time, as provided by applicable data privacy regulations.
When signing up for the Services you are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your username. You acknowledge that: (i) all of the information that you provide to OMX must be accurate and complete; (ii) login under an account other than your own is considered a material breach of these Terms of Service; and (iii) you must not upload, post, email, or otherwise transmit any material that contains known software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
OMX will use commercially reasonable efforts to ensure that the Website is online and fully functional in order to provide Users with the Services and provides an uptime service availability of 99.9% except for any planned service outages.
OMX cannot guarantee that any feature or functionality of the Services or Website, currently available, will remain available or will remain unchanged. As such, you agree that OMX will not be liable to you as a result of any such changes to any feature or functionality of the Services or Website. Your only remedy will be to cancel the Services and receive a refund of any unapplied pre-paid fees for the remainder of the term of your subscription.
All information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (collectively "User Content") transmitted to OMX by Users are the sole responsibility of such Users. This means that the User, and not OMX, is entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Services. OMX does not control or actively monitor User Content and does not guarantee the accuracy, integrity or quality of such User Content.
You acknowledge and agree that all materials provided on and/or related to the Services (excluding User Content) ("Materials") are based on data and sources believed to be reliable, but accuracy and completeness or timelinesscannot be guaranteed. As such, OMX cannot guarantee any success or result in using or relying on such Materials and under no circumstances will OMX be liable in any way for any Materials, including, but not limited to, for any errors or omissions in any of the Materials or any defects or errors related thereto.
OMX reserves the right to alter the User Content and to distribute and publish any such altered User Content which has been sanitized, anonymized, and aggregated by OMX to preserve confidentiality.
The entire contents of the Services, including but not limited to the Materials, design, structure, selection, coordination, expression, "look and feel" and arrangement of the Service, are protected by copyright and trademark laws and other proprietary rights. The owners of the copyrights and trademarks are OMX, its affiliates and/or other third party licensors, YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE STATIC WEBSITE AND/OR SERVICES EXCEPT TO THE EXTENT EXPRESSLY PERMITTED BY OMX, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. If you are a registered user, you may print and download portions of material from the different areas of the Services (e.g. into Excel spreadsheets) for your own personal and commercial use provided that you agree not to change or delete any copyright or proprietary notices from the Material and you acknowledge and agree that the rights granted under this Section are nonexclusive, limited, worldwide, non-assignable use rights or licensed use of the Materials, not ownership. Any provision of Services or Materials will be granted only to the extent there is no present or future regulatory requirement that would impede or limit in any way the licensed use set forth herein.
From time to time, OMX may request permission to use your full name, business address, and website address for testimonial purposes on our website or other business-related media.
End User License
Except for User Content, this Website, and the information and Materials that it contains, are properly licensed toOMXand its licensors (any third party licensors who provide components of your software/services), and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of these Terms of Service, OMX grants you a non-transferable, non-exclusive, non-sublicensable, revocable, personal license to use the Website for your use. Nothing in these Terms of Service give you a right to use the OMX names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to the functionality of the Website shall be subject to the terms of these Terms of Service.
If you provide OMX with any suggestions, comments or other feedback relating to any aspect of the Website and/or Services ("Feedback"), OMX may use such Feedback in the Website or in any other OMX related products or services (collectively, "OMX Offerings"). Accordingly, you agree that: (a) OMX is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of you or any third party and you have all the necessary rights to disclose the Feedback to OMX, (c) OMX (including all of its successors and assigns and any successors and assigns of any of the OMX Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any OMX Offerings, and (d) you are not entitled to receive any compensation or re-imbursement of any kind from OMX or any of the other users of the Website in respect of the Feedback.
Disclaimer of Representations, Warranties and Conditions.
THE WEBSITE, SERVICES, AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS". OMX SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, COMPLETENESS, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, OF ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES. THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. OMX DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND OMX SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. OMX WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL OMX BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OR INABILITY TO USE THE WEBSITE OR SERVICES OR YOUR LIABILITY RELATING TO THE USE OF THIS WEBSITE OR THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF OMX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OMX'S AGGREGATE LIABILITY (INCLUDING INDEMNIFICATION) TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) ONE-HUNDRED CANADIAN. DOLLARS (CAD$100.00) OR (B) AMOUNTS THAT YOU HAVE PAID OMX IN THE PRIOR TWELVE (12) MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
CUSTOMER INDEMNITY. YOU SHALL INDEMNIFY AND HOLD OMX AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH ANY USER CONTENT SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICES AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF SERVICE, AND ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY).
OMX INDEMNITY. OMX SHALL INDEMNIFY AND HOLD YOU HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH ANY THIRD PARTY CLAIM THAT THE SERVICES INFRINGE THAT THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS).
Acceptable Use and Conduct
You will not use our Services to: (i) upload, post, email, or otherwise transmit anything that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm us or third parties in any way; (iii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (iv) upload, post, email, or otherwise transmit any submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
You will not use the Services for any fraudulent use, including, but not limited to, false identification during registration, logging in under another Users account, posting inaccurate or misleading information about a company and uploading malicious code in the form of a logo or image. All use of the Services and/or the Website must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights.
We do not represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications on the Website or associated with the Services, nor do we endorse any opinions expressed via the Services. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon.
We do not control the content posted through the Services and expressly disclaim any liability or responsibility for or associated with such content.
We do not permit offensive User Content on the Website, including, but not limited to, User Content that is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
We reserve the right to disable the account of any User with 48 hours prior notice if, in our sole discretion, such User has violated any part of these Terms of Service and failed to take immediate steps to OMX’s satisfaction to cure or rectify that breach (if capable of being rectified). In appropriate circumstances, OMX will also terminate any Users account if the User, in the sole discretion, is or has been a repeat infringer. An account terminated by us will not be backed-up for any reason and will be immediately deleted from our servers.
Users may be subject to fees, which are evaluated on a contract agreement with us. Users can opt to upgrade their service agreement to any other contract agreement that we are currently offering for sale as part the Services at any time during the User's contract term. Except otherwise agreed in writing between You and OMX, all contract agreements are for an initial six month minimum period. At the end of the contract term, there will be an option for contract renewal. Users can cancel their contract by sending an e-mail to OMX indicating that they would like to cancel their contract. Any cancellation issued must be done thirty (30) days prior to the end of the current contract term to allow for adequate processing time; cancellation requests after outside this time will be effective at (i) the end of the following month, or (ii) otherwise agreed by You and OMX in writing.
OMX reserves the right, on a case by case basis and following notification of the seller on OMX, to take a transaction fee from successful sellers responding to procurement opportunities through the OMX platform.
Users may be subject to overage fees if they exceed the following thresholds: (a) more than 2GB per company account, (b) more than 500 messages per month per company account, and (c) more than 150 transactions per project per company account.
All paid accounts automatically renew on a 6 monthsbasis at the price advertised at time of renewal, unless otherwise agreed by You and OMX in writing. OMX is not required to notify customers prior to, at the time of, or following, renewal.
Chargeback / Refund Policy
We will not, under any circumstances, issue cash refunds for early contract cancellation for convenience. All subscriptions have an initial six month minimum contract period. If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will credit your account or credit card account for the appropriate amount.
Links and Third Party Websites
Services may display, or contain links to, third party products, service, and websites. Any opinions, advice, statements, service, offers, or other information that constitutes part of the content expressed, authored, or made available by Users or other third parties through the Services, or which is accessible through or may be located using our Services (collectively, "Third Party Content") are those of the respective authors or producers and not of us or our shareholders, directors, officers, employees, agents, or representatives.
We do not control Third Party Content and do not guarantee the accuracy, integrity or quality of such Third Party Content. We are not responsible for the performance of, we do not endorse, and we are not responsible or liable for, any Third Party Content or any information or materials advertised in any Third Party Content. We are not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, service, or information available on or through any third party service or Third Party Content. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through the Services.
The Services may contain advertisements however we also do not assume any liability for or endorse, guarantee or assume any responsibility for any product or service advertised or offered by any Third Party through the Services or in respect of any website that can be reached from a link or any advertisement on the Services.
Termination of Service
We may, under certain circumstances and with prior notice, immediately terminate or suspend your ability to access the Services or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Service (including, without limitation, providing fraudulent or incorrect information), (b) requests by law enforcement, other government agencies or our third party data providers or licensors, (c) a request by you, (d),unexpected technical, security or legal issues or problems, and/or (e) participation by you, directly or indirectly, in fraudulent or illegal activities (including falsification of your credentials). You acknowledge and agree that all terminations may be made by us in our sole discretion and that we will not be liable to you or any third-party for any termination of your access to the Services.
Modifications to Terms of Service
We reserve the right to modify these Terms of Service at any time on provision of written notice to you if any substantive changes are proposed to these Terms of Service. You will have 30 days in which to terminate Your subscription, failing which You will be deemed to have accepted the changes to the Terms of Service which will apply to all use of the Services from that date onwards.
Please review these Terms of Service on occasion as they may change in the future.
You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the laws of the Province of Ontario and the laws of Canada applicable therein without regard to its conflicts of law’s provisions.
You may not assign these Terms of Service, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without OMX's prior written consent. OMX may assign the Terms of Service, or any rights or licenses granted hereunder in connection with a merger, acquisition, sale of assets, or by operation of law or otherwise.
Last updated July 8th, 2020