END USER INTERNET ACCESS AGREEMENT
By calling to access the Internet, Subscriber, and/or any person using Subscriber's login identification name or login identification names ordered by Subscriber, is deemed to have accepted the items and conditions contained in this Internet Access Agreement (the "Agreement") and shall be bound thereby.
a) "Subscriber," as used herein, means an individual, a corporation, or a legal entity who incurs usage charges for the Service for its own use or who incurs such charges on behalf of a third party, i.e., a User.
b) "User," as used herein, means a Subscriber who uses Service or an individual, a corporation, or a legal entity whose Service usage charges are incurred by a third party, i.e., Subscriber.
ISP, affiliated companies, including VISP Technologies, and/or assigns, herein "ISP", will provide Subscriber and its Users analog or digital access to the Internet, depending upon the rate plan selected (the "Service"), subject to conditions generally beyond the control of ISP, including the type and condition of the equipment (personal computer, modem, etc.) of Subscriber and/or its Users. Service may be temporarily unavailable or limited because of capacity limitations and may be temporarily interrupted or curtailed due to equipment modifications, upgrades, relocations, repairs, and similar activities necessary for the proper operation of Service.
3) ACCEPTABLE USAGE OF DIAL-UP ACCOUNTS
Subscriber and its Users agree to use dial-up accounts solely on an active, attended "dial-up" basis, meaning only as needed and in no way on an unattended, standby or inactive basis in order to maintain a connection. Without limitation of the foregoing, Subscriber and its Users shall abide by the following provisions regarding usage:
a) A dial-up account may be used for World Wide Web browsing, reading or posting to Usenet (see Section 13 below) newsgroups, sending, receiving and reading electronic mail and transferring files via the file transfer protocol.
b) A dial-up account shall not be used to host a dedicated server site on the Internet.
c) A dial-up account has only one mailbox for incoming electronic mail unless additional mailboxes have been purchased (unless ISP has provided additional mailboxes, at ISP's sole discretion).
d) Automated processes may not be used such as checking e-mail or pinging the host to maintain a constant connection.
e) User ID Names will be issued to Subscriber by ISP based upon availability. If the User ID name is surrendered by Subscriber for any reason, ISP shall not be obliged to reserve that name.
f) ISP shall not be obligated to retain electronic mail for longer than one month.
g) A dial-up account has 25 megabytes of server space for Personal Subscriber web pages unless additional web space has been purchased or otherwise expressly allocated. And no such space shall be available for accounts that are promotional until they become billable accounts (unless such space is made available during the promotional period, at ISP's sole discretion).
h) User accounts that exceed reasonable dial-up access usage may be flagged by ISP for the following (The industry average for a dial-up account is about 35 hours a month or about an hour a day): 1) Upgrade to higher-use or dedicated-use accounts, subject to payment of a higher subscriber rate, or 2) Transfer to non-usage-sensitive networks, or 3) Charged for multiple logins, or 4) Deletion, in which case a refund of unused months will be promptly provided; as determined by ISP.
4) ACCEPTABLE USAGE OF BROADBAND ACCOUNTS
In order to provide Subscribers with a quality service and the best possible value, Subscriber agrees that access services are not to be left unattended for extended periods using file sharing applications such as Kazaa, Limewire, or Bittorrent. These services hog bandwidth and increase costs to provide bandwidth to all Subscribers. Server software such as ftp servers, web servers, or other always-on, high, sustained bandwidth services and any other current or future technology or method for utilizing a significant portion of the capacity of the delivered access circuit for a sustained period of time are permitted with appropriate pricing that reflects the cost to provide the service. Subscribers who require such services can get pricing for sustained use circuits will be quoted on a case-by-case basis from ISP and/or from ISP's partner providers.
5) INACTIVITY DISCONNECT POLICY
ISP reserves the right to disconnect a dial-up account after 15 minutes of inactivity, as detected by ISP through electronic means. This time is approximate and subject to change without notice in ISP's sole discretion. Electronic or mechanical means to avoid an inactivity disconnect are strictly prohibited. Electronic or mechanical means include, but are not limited to, "pinging" the mail server, employing electronic or software autodialer features to maintain an active connection or repeatedly checking for e-mail by autolog-in to the mail server. ISP reserves the right to electronically audit connections to enforce the above requirements.
Service access will be provided via a local telephone number where available. ISP is not responsible for any toll or other charges in the event service access is not provided via a local telephone number, for instance, if service access is provided via a toll call. If a local telephone number is not available, the Service may be remotely accessed via an 800 series number at an additional charge.
Subscriber shall pay to ISP the charges associated with the rate plan selected, including applicable taxes, 800 series number, etc. If service access is not provided via a local telephone number, Subscriber may also be responsible for toll or other charges.
Subscriber shall be billed on a monthly, quarterly, semiannual or annual basis. Payment will be deemed made when received by ISP.
9) TERM AND TERMINATION
This Agreement becomes effective upon registration of Subscriber's login identification name and shall remain in effect for the period indicated in the rate plan selected or until terminated as provided herein. This Agreement shall continue in effect for consecutive additional terms following the Initial Term until either Party gives the other party on-line notice or other notice of termination at least thirty (30) calendar days prior to the expiration of the then-current term. In the event Subscriber terminates the Service hereunder, then without limitation to any other remedy ISP may have, Subscriber will pay to ISP upon discontinuance of the Service a termination charge equal to the applicable monthly rate times the number of months remaining in the term.
CREDIT/REFUND POLICY: There are no refunds for your account setup fee, the current month's or any previous month's membership. If you have prepaid for additional months of membership, you may be entitled to a refund for subsequent prepaid months.
11) LIMITATION OF LIABILITY
ISP SHALL NOT BE LIABLE FOR INTERRUPTIONS CAUSED BY FAILURE OF EQUIPMENT OR SERVICES NOT PROVIDED BY ISP, FAILURE OF COMMUNICATIONS, POWER OUTAGES, OR OTHER INTERRUPTION NOT WITHIN THE COMPLETE CONTROL OF ISP, NOR SHALL ISP BE LIABLE FOR PERFORMANCE DEFICIENCIES CAUSED OR CREATED BY SUBSCRIBER'S OR ITS USER'S EQUIPMENT. SUBSCRIBER AND USER HEREBY RELEASE ISP FROM LIABILITY ARISING FROM ANY CONTENT ACCESSED VIA THE SERVICE. ISP PERFORMANCE UNDER THIS AGREEMENT SHALL BE EXCUSED IN CASE OF LABOR DIFFICULTIES, GOVERNMENTAL ORDERS, CIVIL COMMOTIONS, ACTS OF GOD, OR OTHER CONDITIONS OR CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. ISP SHALL NOT BE LIABLE IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF SUBSCRIBER'' OR ITS USERS''EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. IN NO EVENT SHALL ISP BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, ETC. THE LIABILITY OF ISP FOR ACTUAL PROVEN DAMAGES FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OF OR DISRUPTION OF SERVICE, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, INCLUDING NEGLIGENCE, SHALL BE LIMITED TO AN AMOUNT EQUIVALENT TO CHARGES PAYABLE BY SUBSCRIBER UNDER THIS AGREEMENT FOR THE SERVICE DURING THE PERIOD SUCH DAMAGES OCCUR. ISP MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, CONCERNING THE SERVICE, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY IMPLIED BY LAW.
Subscriber and User shall indemnify and hold harmless ISP from and against any loss, cost, claim, liability, damage, or expense (including reasonable attorney's fees) to third parties, relating to or arising from the use of service by Subscriber, User, or any of their personnel, whether or not Subscriber or User has knowledge of or has authorized such access or use, including, without limitation, claims for libel, slander, invasion of privacy, infringement of copyright, patent infringement (where Subscriber or User has used, connected, or combined the Service with the products or services of others), negligence, or tortious behavior. Subscriber agrees to indemnify ISP along with any parties from whom ISP obtains network service, and to hold them harmless from any claims resulting from the use of the Service by Subscriber or its Users that damage another party or that violate the law.
13) SUBSCRIBER RESPONSIBILITY
Subscriber shall ensure that its Users shall comply with the terms and conditions of this Agreement. Any access to other networks connected to ISP's network must comply with the rules of the other networks. Subscriber shall not use or permit its end users to use the Services in ways that violate laws, infringe the rights of others, interfere with users of our network or other networks, or otherwise violate our Acceptable Use Policy set forth on our Internet Services web site. For example, you shall not distribute chain letters or unsolicited bulk electronic mail ("spamming"); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; distribute child pornography, obscenity or defamatory material over the Internet; or infringe copyrights, trademarks or other intellectual property rights. Subscriber further agrees to comply with U.S. export laws concerning the transmission of technical data and other regulated materials via the Services.
14) USE OF SERVICE
Subscriber and its Users agree to abide by and comply with the following terms and conditions:
a) Misuse of Service: Subscriber and its Users shall not use the Service to make foul or profane expressions, to impersonate another person with fraudulent or malicious intent, to contract another person so as to annoy, abuse, threaten, or harass such other person, or for any purpose in violation of law, or in such a manner as to interfere unreasonably with the use of the Service by any of ISP's customers. Subscriber and its Users shall not distribute chain letters of "junk" mail (any unsolicited mail of a business or commercial nature) or engage in "Ponzi" or "pyramid" schemes. The Service and underlying network may only be used for lawful purposes. Transmission of any material in violation of any U.S. or state regulation is prohibited. This includes, but is not limited to: copyrighted material, material which is threatening or obscene, or material protected by trade secret. In addition, ISP generally reserves the right in its sole discretion to either temporarily discontinue, or permanently terminate furnishing the Service upon notice to Customer in the event Customer uploads any information that is libelous, defamatory or that violates or infringes any right of privacy of any Persons; uploads any messages, data images or programs that are indecent, obscene or pornographic; use the facilities and capabilities of ISP to conduct or solicit the performance of any illegal activity or to conduct any other activity that infringes the rights of ISP or any third party; or upload any information, messages, data, images or programs that is discriminatory or otherwise offensive as determined by ISP in its sole discretion.
b) INTERFERENCE WITH THE RIGHTS OF THIRD PARTIES
In the event that ISP receives notice from a third party, or in the event that ISP reasonably believes, that Subscriber's or any User's use of the Service, either alone or in connection with products or services of others, constitutes, causes, results in, induces or contributes to either (I) defamation, invasion of privacy, or unfair competition, or (ii) misuse, misappropriation of infringement of any patent, copyright, trademark, trade secret or other proprietary or intellectual property right of such third party, then ISP shall have the right, in its sole and exclusive option and discretion, without prior notification to Subscriber or to User(s), and without limiting any other rights or remedies ISP might have or incurring any obligation or liability to Subscriber or to User(s), to temporarily discontinue or permanently terminate, in whole or on part, furnishing of Services to Subscriber or to User(s).
c) Usenet Policy and Posting Restrictions: Usenet comprises a system of bulletin boards called newsgroups. Usenet access is provided to dial-up customers of ISP. Subscriber and its Users shall not post to newsgroups until they have familiarized themselves with the subjects and established guidelines and restrictions of the newsgroup. All such Usenet guidelines and restrictions are hereby incorporated herein by reference and Subscriber and its Users unconditionally agree to adhere to them. These guidelines and restrictions include, but are not limited to, the following:
- Only post articles that are relevant to the newsgroup. Inappropriate or irrelevant postings are not appreciated by participants of newsgroups nor are they allowed under Usenet protocols.
- Most newsgroups do not allow commercial postings. Users should verify this restriction before making any such posting.
- Blanket postings to all or large numbers of newsgroups simultaneously with disregard to the newsgroups' subject are forbidden.
- Chain letters are not allowed to be posted.
- Unauthorized creation of newsgroups is prohibited.
d) Harm to Equipment, Software and Processes: Subscribers agree unconditionally to not cause harm to ISP or third party equipment, software, or processes used in connection with furnishing the Service. In addition to constituting a default under this Agreement, any breach of this provision may result in civil and/or criminal penalties pursuant to applicable local, state and federal law.
e) Content, Accuracy of Information: ISP and its affiliates, along with any parties from whom ISP obtains network services, exercises no control whatsoever over the content of the information passing through ISP's network. ISP makes no warranties of any kind, whether express or implied, for the content of the information passing through its network. Use of any information obtained via the ISP network is at Subscriber's and its User's own risk or the risk of their affiliates. ISP specifically denies any responsibility for the accuracy or quality of information obtained through its Service.
f) Offensive and/or Harmful Information: The Internet hosts some material deemed unfit for viewing and reading by minors under the age of 18. Some sites contain information both in text and graphical formats that Subscriber and/or Users may consider obscene and/or harmful. Subscriber and/or Users agree to not hold ISP responsible for sites and postings that could be considered obscene, lewd, offensive, and/or harmful. Subscribers are responsible for their own monitoring and viewing habits and their Users, including minors. ISP does not block, filter or screen postings or sites on the Internet in whole or in part.
g) Inactive email accounts will have their storage area purged and incoming email will be automatically suspended if service is not used for a continuous 6 month period. Upon resumption of use, email services will automatically be re-enabled.
Upon a default by Subscriber, ISP may, in its sole discretion, without prior notification and without limiting its remedies or incurring any liability to Subscriber, either temporarily discontinue or permanently terminate the furnishing of Service to Subscriber in whole or in part. "Default" means any failure by Subscriber to comply with any term of this Agreement, including without limitation, failure to make timely payment of any amount due ISP or failure to comply with the restrictions on use of Service set forth in Section 13. Where Subscriber's equipment is used with Service provided by ISP in violation of any of the provisions herein, ISP will notify Subscriber and take such action as is necessary for the protection of the Service for use by its other customers. Subscriber shall discontinue such use of the equipment or correct the violation immediately and shall confirm in writing to ISP within five days that such use has ceased or that the violation has been corrected, and if Subscriber fails to do so, ISP will disconnect Subscriber's Service, without any credit allowance, until such time as Subscriber complies with the provisions hereof. ISP reserves the right to charge a reconnect fee for any discontinued Service that is subsequently reconnected.
16) NO WARRANTIES
ISP makes no warranties, express or implied with respect to this agreement or the services provide with respect to this agreement, including, but not limited to dialup, dsl, internet access, email, news services, web hosting services, personal web space, spam filtering, virus filtering or any other services provided pursuant to this agreement. There are no implied warranties for the merchantability and fitness for any particular purpose. No representation or statement made by ISP or any of its agents or employees, oral or written, including, but not limited to, any specifications, descriptions or statements provided or made to Customer by ISP shall be binding upon ISP as a warranty or otherwise.
Subscriber shall be responsible to provide for the proper installation, operation, and maintenance of Subscriber's equipment used in connection with the Service, and Subscriber shall ensure that such equipment is technically and operationally compatible with the Service and in compliance with applicable Federal Communications Commission rules and regulations.
18) RESOLUTION OF DISPUTES:
a) The parties desire to resolve disputes arising out of this Agreement without litigation. Accordingly, except for action seeking a temporary restraining order or injunction related to the purposes of this Agreement, or suit to compel compliance with this dispute resolution process, the parties agree to use the following alternative dispute resolution procedure as their sole remedy with respect to any controversy or claim arising out of or relating to this Agreement or its breach.
b) At the written request of a party, each party will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The parties intend that these negotiations be conducted by non-lawyer, business representatives. The location, format, frequency, duration, and conclusion of these discussions shall be left to the discretion of the representatives. Upon agreement, the representatives may utilize other alternative dispute resolution procedures such as mediation to assist in the negotiations. Discussions and correspondence among the representatives for purposes of these negotiations shall be treated as confidential information developed for purposes of settlement, exempt from discovery and production, which shall not be admissible in the arbitration described below or in any lawsuit without the concurrence of all parties. Documents identified in or provided with such communications that are not prepared for purposes of the negotiations are not so exempted and may, if otherwise admissible, be admitted in evidence in the arbitration or lawsuit.
c) If the negotiations do not resolve the dispute within 60 days of the initial written request, the dispute shall be submitted to binding arbitration by a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association. A party may demand such arbitration in accordance with the procedures set out in those rules. Discovery shall be controlled by the arbitrator and shall be permitted to the extent set out in this section. Each party may submit in writing to a party, and that party shall so respond, to a maximum of any combination of 35 (none of which may have subparts) of the following: interrogatories, demands to produce documents and requests for admission. Each party is also entitled to take the oral deposition of one individual of another party. Additional discovery may be permitted upon mutual agreement of the parties. The arbitration hearing shall be commenced within 60 days of the demand for arbitration. The arbitration shall be held in Josephine County, Oregon. The arbitrator shall control the scheduling so as to process the matter expeditiously. The parties may submit written briefs. The arbitrator shall rule on the dispute by issuing a written opinion within 30 days after the close of hearings. The times specified in this section may be extended upon mutual agreement of the parties or by the arbitrator upon a showing of good cause. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
d) Each party shall bear its own costs of these procedures. A party seeking discovery shall reimburse the responding party the costs of production of documents ( to include search time and reproduction costs). The parties shall equally split fees of the arbitration and the arbitrator.
This Agreement shall be governed by, construed under, and enforced in accordance with, the laws of the state of Oregon. In the event of a conflict between this Agreement and any applicable tariff, the tariff shall prevail. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. This Agreement embodies the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, and all contemporaneous oral agreements and understandings relating to the subject matter hereof. ISP May amend the terms and conditions of this Agreement by giving Subscriber 30 days' prior on-line notice. This Agreement is subject to modification by any authorized regulatory agency. ISP may assign this Agreement without limitation, but Subscriber may not assign this Agreement without ISP's prior written consent. This Agreement shall be binding on the parties hereto and their respective personal and legal representatives, successors, and permitted assigns.
This privacy notice discloses the privacy practices for omnipointtechnology.com. This privacy notice applies solely to information collected by this website. It will notify you of the following:
What personally identifiable information is collected from you through the website, how it is used and with whom it may be shared.
What choices are available to you regarding the use of your data.
The security procedures in place to protect the misuse of your information.
How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we'll use this information to contact you.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
See what data we have about you, if any.
Change/correct any data we have about you.
Have us delete any data we have about you.
Express any concern you have about our use of your data.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the Web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
Free Internet Contest Terms & Conditions
6 Months of Free Internet Enter here
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: This Campaign is open only to those who sign up at the omnipointtechnology.com website, the Omnipoint Technology Facebook and who are 18 as of the date of entry.The Campaign is only open to legal residents of Virginia, and is void where prohibited by law. Employees of Omnipoint Technology, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Omnipoint Technology as final and binding as it relates to the content of this Campaign.
3. Campaign Period: Entries will be accepted online starting on 7/01/201, 12:01 AM EST and ending 8/01/2017, 11:59 PM, EST. All online entries must be received by 8/01/2017, 11:59 PM, EST.
4. How to Enter: The Campaign must be entered by submitting an entry using the online form provided at omnipointtechnology.com, the Omnipoint Technology Facebook page and other Omnipoint Technology social media pages. The entry must fulfill all Campaign requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Omnipoint Technology. Optional verbiage to include: You may enter only once. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Omnipoint Technology.
5. Prizes: The Winner(s) of the Campaign (the “Winner”) will receive 6 months of LTE Extreme Internet Service, valued at $414. The Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Omnipoint Technology. No cash or other prize substitution shall be permitted except at Omnipoint Technology's discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for Omnipoint Technology to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification: Winner will be selected by a random drawing under the supervision of Omnipoint Technology. Winner will be notified by email within five (5) days following selection of Winner. Omnipoint Technology shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 15 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT OMNIPOINT TECHNOLOGY’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that Omnipoint Technology, anyone acting on behalf of Omnipoint Technology, and Omnipoint Technology’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent. Optional verbiage for Contests: By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Omnipoint Technology. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Omnipoint Technology from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Omnipoint Technology may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
9. Terms & Conditions: Omnipoint Technology reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond Omnipoint Technology’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, Omnipoint Technology may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Omnipoint Technology. Omnipoint Technology reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. Omnipoint Technology has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, Omnipoint Technology reserves the right to seek damages to the fullest extent permitted by law.
10. Limitation of Liability: By entering, You agree to release and hold harmless Omnipoint Technology and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
11. Disputes: THIS Campaign IS GOVERNED BY THE LAWS OF THE UNITED STATES AND VIRGINIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Virginia having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.
13. Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Omnipoint Technology 32 Hampden Street Springfield, Ma 01103. Requests must be received no later than 10/30/2017 12:01 AM EST.
14. Sponsor: The Sponsor of the Campaign is Omnipoint Technology 32 Hampden Street Springfield, Ma 01103, United States of America.
15. The Campaign hosted by Omnipoint Technology is in no way sponsored, endorsed, administered by, or associated with Facebook or any other entity.