Terms of service

OVERVIEW

This website is operated by OMTech. Throughout the site, the terms “we,” “us,” and “our” refer to OMTech. OMTech offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

 

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. Inaccurate appearances are possible as we cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right but are not obligated to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right at our sole discretion on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer for any reason. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

  • OMTech and its technical support center accept no responsibility for any software programs, data, or information stored on any media or any parts of any products returned for repair to OMTech.
  • OMTech and its technical support center accept no responsibility for any third-party software or virus-related problems, even if such third-party software was purchased from OMTech.
  • OMTech is not responsible for loss of data, loss of work time, or loss of business due to machine failure, defects, malfunction, hardware failure, or product issues of any kind, even if such product faults are covered by OMTech's warranty. Clients are responsible for backing up any data for their own protection. OMTech is not responsible for any loss of work (“downtime”) caused by a product requiring service.
  • OMTech does not sell any purpose-built machine products. OMTech is not responsible for any manner in which our products and services are designed and integrated with your business.

 

 

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to decline any order you place with us. At our sole discretion, we may limit or cancel quantities purchased per person, per household, per location, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates so that we can complete your transactions and contact you as needed.

 

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, endorsement, or conditions of any kind. We have no liability whatsoever arising from or relating to your use of optional third-party tools.

Your use of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third parties.

We are not liable for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

 

SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, with or without our request, you submit (for example, contest entries) creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable violations of any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

 

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Click here to view our Privacy Policy.

 

SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that we may occasionally remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall OMTech, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless OMTech Laser and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third party.

 

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of UK. 

Econ Technology Ltd.
Wilson Business Park, Manchester, England
(This is not a returning address)

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at surpport@omtechlaser.uk.

 

Demo Room Program

Please note that the terms are subject to change by OMTech at its sole discretion at any time. When changes are made, OMTech will make a new copy of the Terms of Use available on the website. Any changes to the Terms will be effective immediately the next time you access or use the Services.

In order to give potential customers an authentic OMTech experience, we have created a platform where potential customers can see how the machine operates in workspaces where our users have operated such machines. Our Services may be used to facilitate the reservations of a Demo Room Appointment between users who have purchased a machine and wish to use their residential home to showcase it (Host), and users who would like to schedule a time to view and evaluate a machine at the Host’s Property (Visitor). The Hosts and Visitors make arrangements for Demo Room Appointments directly with each other through email. If a Visitor is interested in purchasing a machine, the Visitor may also do so through the website. OMTech is not an owner or operator of the machine showcased. Our responsibilities are limited to facilitating the availability of the Demo Rooms.

HOSTS ARE NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, OR FRANCHISEES OF OMTECH. OMTECH DOES NOT PERFORM ANY OBLIGATIONS IN CONNECTION WITH DEMO ROOM APPOINTMENTS AND DOES NOT EMPLOY HOSTS TO PERFORM SUCH OBLIGATIONS. USERS HEREBY ACKNOWLEDGE THAT OMTECH DOES NOT SUPERVISE, DIRECT, CONTROL, OR MONITOR A HOST’S DEMO ROOM APPOINTMENTS. THE RELATIONSHIP BETWEEN HOSTS AND OMTECH IS THAT OF AN UNAFFILIATED HOST FOR OMTECH.

PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE COMMUNICATION BETWEEN HOSTS AND VISITORS DIRECTLY WITH EACH OTHER. OMTECH CANNOT AND DOES NOT CONTROL THE CONDITION, LEGALITY, SAFETY, OR SUITABILITY OF ANY HOSTS, VISITORS, OR MACHINES. OMTECH IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL DEMO ROOM APPOINTMENTS, AND MACHINES. ACCORDINGLY, ANY DEMO ROOM APPOINTMENTS WILL BE MADE OR ACCEPTED AT A USER’S OWN RISK.

Accounts

Profile Registration.
In registering a profile through the Demo Room program, you agree to (1) provide true, accurate, current, and complete information as prompted by the registration form, and (2) maintain and promptly update any such registration data to keep it true, accurate, current, and complete. You represent that you are at least eighteen (18) years old, of legal age to form a binding contract, not a person barred from using the OMTech Machines under the laws of the United States, your place of residence, or any other applicable jurisdiction. You are responsible for all activities that occur under your profile. In registering a profile through the Demo Room program, you truthfully identify as A.) someone genuinely interested in purchasing an OMTech laser machine, or B.) an enthusiastic owner of an OMTech laser machine interested in growing the OMTech community. Additionally, by registering a profile through the Demo Room program, you truthfully state that you do not work for and are not associated with any seller or manufacturer of laser machines that competes with OMTech. If you provide any information that is untrue, inaccurate, not current, or incomplete, or OMTech has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, OMTech has the right to suspend or terminate your profile and refuse any and all current or future use of hosting a Demo Room.

Necessary Equipment and Software.
You must provide all equipment and software necessary to connect to your OMTech machine, including but not limited to, as well as a mobile phone, tablet, or computer to communicate amongst Visitors. You are solely responsible for any fees, including electricity, Internet connection, or mobile fees, that you incur when accessing OMTech Machines and other hosting actions.

Responsibility for Content.

  1. Types of Content.
    You acknowledge that all Content is the sole responsibility of the party from whom such Content originated. This means that you, and not OMTech, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available through the Demo Room program or data collected by or related to the Demo Room program.
  2. No Obligation to Pre-Screen Content.
    You acknowledge that OMTech has no obligation to pre-screen Content (including, but not limited to, User Content), although OMTech reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that OMTech pre-screens, refuses, or removes any Content, you acknowledge that OMTech will do so for OMTech’s benefit, not yours. Without limiting the foregoing, OMTech shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.
  3. Storage.
    OMTech has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving the use of OMTech Machines.
    1. Scheduling Demo Room Appointments.
      1. Creating a Listing.
        In order for OMTech to create a space profile for a Host, you will be asked to submit responses to a variety of questions about your Property and/or the machine, including, but not limited to, your name, a personal headshot, the location of your Property (City, State), a description of your Property, parking restrictions, description of the machine, and availability of the Property to schedule Demo Room Appointments. In order to be featured as a Host via the Services, your Property(ies) must have a valid physical address to your scheduled visitor(s). Listings will be made publicly available via the Website and Services. You understand and agree that the placement or ranking of listings in search results may depend on various factors, including, but not limited to, user preferences, ratings, and/or ease of scheduling.
      2. Demo Room Appointments.
        Any users may browse and/or book your designated available Demo Room Appointments at your Property via the Website and Services based upon the information provided in your listing, your Visitor requirements, and the Visitor’s search parameters and preferences. Upon booking a Demo Room Appointment, each Visitor represents that it will provide truthful and accurate information in booking a Demo Room Appointment, such Visitor is at least eighteen (18) years old and not a person barred from using OMTech Machines under the laws of the United States, the Visitor’s place of residence or any other applicable jurisdiction.
      3. Rules Regarding Listings.
        You acknowledge and agree that you alone are responsible for any and all listings and Content you post. Accordingly, you represent and warrant that any Listing you post and the reservation of a Demo Room Appointment in a listing you post (i) will not breach any agreements you have entered into with any third parties, including, with respect to your Property(ies), homeowners association, condominium, or other third party agreements, and (ii) will (a) be in compliance with all applicable laws, tax requirements, intellectual property laws, and rules and regulations (whether federal, state, or local) that may apply to your Property and/or machine (including parking regulations), and (b) not conflict with the rights of third parties. Please note that OMTech assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules, and regulations. OMTech reserves the right, at any time and without prior notice, to remove or disable access to any listing for any reason, including listings that we, in our sole discretion, consider to be objectionable for any reason, in violation of this Agreement or otherwise harmful to the Website or Services or other users.
      4. Agreements between Visitors and Hosts.
        If you are a Host, you understand and agree that OMTech does not act as an insurer or as your contracting agent. If a Visitor requests a Demo Room Appointment at your Property, any agreement you enter into with such Visitor is between you and the Visitor and OMTech is not a party to it.
      5. Responsibility for Third Parties.
        You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Property or who lead, participate in, or are otherwise present the Demo Room Appointment at your request or invitation, excluding the Visitor (and the individuals the Visitor invites to the Demo Room Appointment, if applicable.)
      6. Insurance.
        OMTech recommends that Hosts obtain appropriate insurance to cover activities that might occur at Demo Room Appointments. Please review any insurance policy that you may have carefully. Please be familiar with and understand any exclusions to and any deductibles that may apply to your insurance policy including, but not limited to, whether or not your insurance policy will cover the actions or inactions of or relating to Visitors (and the individuals the Visitor invites to the Property, if applicable) while at your Property or participating in your Demo Room Appointment.
    2. Feedback
      You agree that submission of any ideas, suggestions, documents, and/or proposals to OMTech through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that OMTech has no obligations (including without limitation obligations of confidentiality) concerning such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to OMTech a fully-paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of OMTech Machines.
      • Make Available any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities;
      • Harm the Visitor in any way.
      • Impersonate any person or entity, including, but not limited to, OMTech personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
      • Make Available any Content that you do not have a right to Make Available 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 non-disclosure agreements);
      • Make Available any Content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
      • Intentionally or unintentionally violate any applicable local, state, national, or international law or regulation, or any order of a court;
      • Stalk or otherwise harass any other users or visitors; or
      • Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
      1. General
        In connection with your use of OMTech Machines, you shall not:
      2. Ratings and Reviews
        The Services may allow users to post reviews, ratings and comments about Hosts and Visitors (collectively, “Reviews”), and in such event, you are solely responsible for any content, opinion, statement, recommendation or advance contained therein. Reviews posted on our Services are User Content that is not endorsed by OMTech and does not represent the views of OMTech. You acknowledge that any opinions, statement, recommendations, ratings, offers, advice or other information presented or disseminated in any Review are those of their respective authors who are solely responsible and liable for their content. OMTech shall have the right but not the obligation to monitor or review any Reviews at any time. OMTech reserves the right to refuse to post or remove any material submitted or posted in any Review. Notwithstanding the foregoing, you acknowledge that OMTech is under no obligation to edit or modify any information available in any Reviews or decide any dispute or disagreement between the posters and shall have no liability to you for any content posted in a Review. OMTech does not assume liability for Reviews or for any claims for economic loss resulting from such ratings and reviews. Because we expect users to maintain a high level of integrity with respect to ratings and reviews posted through the Services, you agree: (i) to base any rating or review you post only on your first-hand experience with the applicable Host or Visitor; (ii) you will not provide a rating or review for any Visitor or Host with respect to which you have an employment relationship or other affiliation; (iii) you will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and (iv) your review will comply with the terms of this Agreement. If OMTech determines, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, we may exclude such User Content without notice.
    3. Investigations
      OMTech may, but is not obligated to, monitor or review OMTech Machines and Content at any time. Without limiting the foregoing, OMTech shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. OMTech does not generally monitor user activity occurring in connection with OMTech Machines or Content. However, if OMTech becomes aware of any possible violations by you of any provision of the Terms, OMTech reserves the right to investigate such violations, and may, at its sole discretion, immediately terminate your license to use OMTech Machines, or change, alter, or remove Your Content, in whole or in part, without prior notice to you.
    4. Interactions with Other Users
      You are solely responsible for your interactions with other Users and any other parties with whom you interact. You agree that OMTech will not be responsible for any liability incurred as the result of such interactions.

      YOU UNDERSTAND THAT OMTECH DOES CURRENTLY CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. OMTECH ALSO DOES INQUIRE INTO THE BACKGROUNDS OF ITS REGISTERED USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS REGISTERED USERS. OMTECH RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

Fees, Payments and Purchase Terms

    1. Payment Terms for Hosts.
      If you are a Host and a Demo Room Appointment is scheduled, we will send you a message confirming such Demo Room Appointment. OMTech will pay you, as a Host, a Host fee of fifteen pounds (£20) per Demo Room Appointment confirmed and attended by you and a Visitor. This Host fee may change from time to time, so please be sure to check our current fees. We may elect to run promotional incentive programs from time to time to provide Hosts with an opportunity to increase their Host fees. Additional terms and conditions may apply to any such program and will be made available to you during the promotional incentive program period. Any payments due hereunder will be made on a monthly basis for all attended Demo Room Appointments. Hosts, not OMTech, are solely responsible for honoring any Demo Room Appointments and as reserved through the reservations made. You acknowledge and agree that you, and not OMTech, will be responsible for performing the obligations required by any Demo Room Appointment, and that, with the exception of OMTech’s payment obligations hereunder, OMTech disclaims all liability arising from or related to any such Demo Room Appointments. Hosts and Visitors may cancel a Demo Room Appointment at its election; however, Host will not receive a Host fee in the event of a cancellation by either Host or Visitor.
  1. Host Conditions. When making your machine and Property available for a Demo Room Appointment, you agree to comply with our rules for listing and that:
    • Visitor’s location, search query, browsing sites, and history;
    • Location of the Property, listing format, schedule of availability, history, and relevance to the user query.
    • Host’s history, Host’s rating, Reviews, and feedback; and
    • Number of listings matching the Visitor’s query. To drive a positive user experience, a listing may not appear in some search and browse results regardless of the Visitor’s sort order.
    1. You are responsible for the accuracy and content of the listing, including the description of the Property and/or machine.
    2. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances).
    3. We strive to create a platform where Visitors can find what they are looking for. Therefore, the appearance or placement of listing in search and browse results will depend on a variety of factors, including, but not limited to:
  2. Indemnification. You agree to indemnify and hold OMTech, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “OMTech Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, OMTech Machines; (c) your violation of the Terms; (d) your violation of any rights of another party, including any users; (e) your interactions with other users; and (f) your violation of any applicable laws, rules or regulations. OMTech reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with OMTech in asserting any available defenses. This provision does not require you to indemnify any of the OMTech Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to OMTech Machines.
  3. Disclaimer of Warranties and Conditions
    • OMTECH MAKES NO WARRANTY, REPRESENTATION, OR CONDITION THAT: (1) OMTECH MACHINES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF OMTECH MACHINES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF OMTECH MACHINES WILL BE ACCURATE OR RELIABLE.
    • ANY DEMO ROOM APPOINTMENT BOOKED THROUGH THE SERVICES, OR ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH OMTECH MACHINES, IS AT YOUR OWN RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PERSON OR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS OMTECH MACHINES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
    • THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. OMTECH MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, EFFECTIVENESS, REPUTATION, AND OTHER CHARACTERISTICS OF SERVICES.
    • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OMTECH OR THROUGH OMTECH MACHINES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
    1. As Is.
      YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF OMTECH MACHINE IS AT YOUR SOLE RISK, AND OMTECH MACHINES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. OMTECH EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES.
    2. No Liability for Conduct of Third Parties.
      YOU ACKNOWLEDGE AND AGREE THAT OMTECH PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD OMTECH LIABLE FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF ECONOMIC DAMAGES FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. OMTECH MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. OMTECH MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH OMTECH MACHINES.
    3. No Liability for Conduct of Other Users.
      WHEN INTERACTING WITH OTHER USERS, YOU SHOULD EXERCISE CAUTION AND COMMON SENSE TO PROTECT YOUR PERSONAL SAFETY, DATA, AND PROPERTY, JUST AS YOU WOULD WHEN INTERACTING WITH OTHER PERSONS WHOM YOU DON’T KNOW. OMTECH WILL NOT BE LIABLE FOR ANY FALSE OR MISLEADING STATEMENTS MADE BY USERS OF THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OMTech Machines. YOU UNDERSTAND THAT OMTech DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF OMTECH MACHINES.
  4. Third-Party Sites; Release
    1. Third-Party Sites.
      The OMTech Machines may contain links to other websites operated by third parties (“Third-Party Sites”). Such Third-Party Sites are not under our control. OMTech provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Sites. Your use of these Third-Party Sites is at your own risk.
    2. Release.
      You hereby release OMTech and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of OMTech Machines, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of OMTech Machines. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
  5. Limitation of Liability
    1. Disclaimer of Certain Damages.
      TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL OMTECH BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OMTECH MACHINES, OR FOR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH OMTECH MACHINES, WHETHER OR NOT OMTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, RESULTING FROM: (1) THE USE OR INABILITY TO USE OMTECH MACHINES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH OMTECH MACHINES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OMTECH MACHINES; OR (5) ANY OTHER MATTER RELATED TO OMTECH MACHINES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
    2. Cap on Liability.
      UNDER NO CIRCUMSTANCES WILL OMTech PARTIES BE LIABLE TO YOU FOR MORE THAN THE TOTAL AMOUNT PAID TO Company by you during the one-month period prior to the act, omission or occurrence giving rise to such liability. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
    3. User Content.
      EXCEPT FOR OMTECH’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE COMPANY’S PRIVACY POLICY, OMTECH ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
    4. Basis of the Bargain.
      THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OMTECH AND YOU. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT ALLOWED BY LAW.
  6. Termination.
    1. Termination of Services.
      This Agreement will remain in full force and effect until your Account is terminated as provided herein. You may delete your Account at any time, for any reason by emailing admin@omtechmachines.com. OMTech may terminate your Account if (a) you are in breach of the Agreement; (b) if OMTech decides in its sole discretion to stop providing the applicable Services; or (c) for any or no reason, without giving you notice. You understand that any termination of this Agreement and your Account may involve deletion of your Account information from our live databases and all the information stored for such Account. OMTech will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.
    2. Effect of Termination.
      Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deleting your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. All provisions of the Terms which by their nature should survive shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
  7. Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with OMTech and limits the manner in which you can seek relief from us.
    1. Applicability of Arbitration Agreement.
      You agree that any dispute or claim relating in any way to your access or use of the Website, to any products sold or distributed through the Website, or to any aspect of your relationship with OMTech, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or OMTech may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.

      IF YOU AGREE TO ARBITRATION WITH OMTech, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST COMPANY ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE COMPANY IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.
    2. Arbitration Rules and Forum.
      The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to OMTech, 1150 N Red Gum St., Suite F, Anaheim, CA 92806. OMTech will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
      You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
    3. Authority of Arbitrator.
      The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and OMTech. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
    4. Waiver of Jury Trial.
      YOU AND OMTECH HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and OMTech are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 18.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
    5. Waiver of Class or Consolidated Actions.
      ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court as set forth in Sections 19.5 and 19.6.
    6. Severability.
      If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
    7. Survival of Agreement.
      This Arbitration Agreement will survive the termination of your relationship with OMTech.
    8. Modification.
      Notwithstanding any provision in this Agreement to the contrary, we agree that if OMTech makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice to OMTech.
  8. General Provisions
    1. Electronic Communications.
      The communications between you and OMTech use electronic means, whether you visit OMTech Machines or send OMTech e-mails, or whether OMTech posts notices on OMTech Machines or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from OMTech in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that OMTech provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
    2. Assignment.
      The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without OMTech’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
    3. Force Majeure.
      OMTech shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
    4. Questions, Complaints, Claims.
      If you have any questions, complaints or claims with respect to Company Machines, please contact us at: support@omtechlaser.uk. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
    5. Exclusive Venue.
      To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and OMTech agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in California.
    6. Governing Law.
      The Terms and any action related thereto will be governed and interpreted by and under the laws of HK, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this agreement.
    1. Choice of Language.
      It is the express wish of the parties that the Terms and all related documents have been drawn up in English.
    2. Notice.
      Where OMTech requires that you provide an e-mail address, you are responsible for providing OMTech with your most current e-mail address. In the event that the last e-mail address you provided to OMTech is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, OMTech’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
    3. Waiver.
      Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
    4. Severability.
      If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
    5. Consumer Complaints.
      In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department.

Entire Agreement.
The Terms are the final, complete and exclusive agreement of the parties concerning the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.