Terms of Service

Shawn Brunner provides information and software as a service on its World Wide Web site(s) (OmegaForms) under the following Terms and Conditions. By accessing and/or using OmegaForms, you indicate your acknowledgement and acceptance of these terms and conditions as an agreement (this “Agreement”) by and between Shawn Brunner and you, your organization, and your organization’s users (hereinafter referred to as “Client”). This Agreement supersedes all previous understandings and agreements between the parties.

1. Laws and Regulations
Access to and use of OmegaForms is subject to all applicable international, federal, state, and local laws and regulations. Client agrees not to use OmegaForms in any way that violates such laws or regulations.

2. Acceptable Use Policy
Client agrees to comply with OmegaForms’ Acceptable Use Policy, which is incorporated by reference as an indispensable part of this Agreement and may be viewed by accessing the following webpage: http://www.omegaforms.com/acceptable-use-policy

3. Privacy Policy
Protecting the privacy of Clients of upmost importance to Shawn Brunner and is taken seriously. OmegaForms’ Privacy Policy describes how information the Client provides is protected. Client agrees to OmegaForms’ Privacy Policy, which is incorporated by reference as an indispensable part of this Agreement and may be viewed by accessing the following webpage: http://www.omegaforms.com/privacy-policy

4. HIPAA Compliance
Client agrees to OmegaForms’ HIPAA Related Protocols, which is incorporated by reference as an indispensable part of this Agreement and may be viewed by accessing the following webpage: http://www.omegaforms.com/hipaa

5. Procedure for Making Claims of Copyright Infringement
OmegaForms respects the intellectual property rights of third parties and expects Clients to do the same. Pursuant to the Digital Millennium Copyright Act, notices of claimed copyright infringement on OmegaForms should be made on the following contact webpage: http://www.omegaforms.com/contact

6. Copyright and Trademarks
OmegaForms and the information available on or through OmegaForms is the property of Shawn Brunner, or its licensors, and is protected by copyright, trademark, and other intellectual property laws. Client agrees that OmegaForms owns all legal rights, titles and interests in and to the OmegaForms Services, including any intellectual property rights which exist in the OmegaForms Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Client may not make unauthorized modifications, copies, distributions, transmissions, displays, publishes, sales, licenses, or create derivative works. Client may not use the trademarks, logos and service marks of OmegaForms for any purpose including, but not limited to use as “hot links” or meta tags in other pages or sites on the World Wide Web.

OmegaForms agrees that it obtains no rights, titles or interests from the Client to any files, images, text, or videos that the Client submits, posts, transmits or displays on, or through, OmegaForms, including any intellectual property rights which exist in such content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Client agrees that the Client is responsible for protecting and enforcing those rights and that OmegaForms has no obligation to do so on the Client’s behalf.

Client agrees to not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within OmegaForms.

Client agrees that in using OmegaForms, Client will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner of OmegaForms.

7. Tampering

User agrees not to modify, move, add to, delete or otherwise tamper with the information contained in OmegaForms. User also agrees not to decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in OmegaForms.

8. Third Party Information
Although Shawn Brunner monitors the information on OmegaForms, some of the information is supplied by independent third parties. While Shawn Brunner makes every effort to insure the accuracy of all information on OmegaForms, Shawn Brunner makes no warranty as to the accuracy of any such information.

9. Links to Third Party Sites
OmegaForms may contain links that will let you access other Web sites that are not under the control of Shawn Brunner. The links are only provided as a convenience and Shawn Brunner does not endorse any of these sites. Shawn Brunner assumes no responsibility or liability for any material that may be accessed on other Web sites reached through OmegaForms, nor does Shawn Brunner make any representation regarding the quality of any product or service contained at any such site.

10. Links from Third Party Sites
Shawn Brunner prohibits unauthorized links to OmegaForms and the unauthorized framing of any information contained on the site or any portion of the Site. Shawn Brunner reserves the right to disable any unauthorized links or frames. Shawn Brunner has no responsibility or liability for any material on other Web sites that may contain links to OmegaForms.

11. No Warranties
Information, documents, and services provided on and by OmegaForms are provided “as is” without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement. Shawn Brunner uses reasonable efforts to include accurate and up-to-date information on OmegaForms; he does not, however, make any warranties or representations as to its accuracy or completeness. Shawn Brunner periodically adds, changes, improves, or updates the information, documents, and services on and by OmegaForms without notice. Shawn Brunner assumes no liability or responsibility for any errors or omissions in the content or accessibility of OmegaForms. Your use of OmegaForms and business with Shawn Brunner is at your own risk.

12. Limitation of Liability
Under no circumstances shall Shawn Brunner be liable for any damages suffered by you, including and incidental, special or consequential damages (including, without limitation, any lost profits or damages for business interruption, loss of information, programs or other data) that result from access to, use of, or inability to use OmegaForms or due to any breach of security associated with the transmission of information though the Internet, even if Shawn Brunner was advised of the possibility of such damages. An exception to this limitation of liability if found in OmegaForms’ HIPAA Related Protocols (§ 160.408) when damages are caused to a client from a violation of the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

13. Security
Data transmitted to and from OmegaForms is encrypted for the Client’s protection. However, the security of information transmitted through the Internet can never be guaranteed. Shawn Brunner is not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. Client is responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of OmegaForms. In order to protect Client data, Shawn Brunner may suspend Client’s use of OmegaForms, without notice, pending an investigation, if any breach of security is suspected.

14. Transmission of Personal Data
Client agrees that by providing Shawn Brunner with any personal information through OmegaForms, Client consents to the transmission of such personal Client information over international borders as necessary for processing in accordance with Shawn Brunner’s standard business practices, OmegaForms’ HIPAA Protocols, and OmegaForms’ Privacy Policy.

15. Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of OmegaForms is restricted to authorized users only. Unauthorized access or attempted access to such areas is prohibited and may lead to suspension of services and to criminal prosecution.

16. Jurisdiction/Governing Law
These terms and conditions shall be governed and construed in accordance with the laws of the State of New Jersey, USA, and applicable federal laws without regard to conflicts of law principles. Client agrees that any and all proceedings relating to this site and the subject matter contained herein shall be maintained in the courts of the state of New Jersey or the federal district courts sitting in New Jersey, which courts shall have exclusive jurisdiction for such purpose.

17. Service Level Agreement
Shawn Brunner charges Clients a monthly or yearly fee to access OmegaForms. A refund will be given for each full day all OmegaForms’ services used by the Client are unexpectedly offline. Client must request any refund.

18. Billing and Payment
Client agrees to pay in advance for OmegaForms under this Agreement. All fees under this Agreement are nonrefundable with exception to refunds specified in the Service Level Agreement listed above. Client will provide Shawn Brunner with a check at an addressed provided to the Client in an amount agreed upon for a timeframe of services agreed upon. Payments made to Shawn Brunner in excess of the agreed amount will be returned to the Client or used as a credit for future services used by the Client. The Client agrees to accept invoices for all payments via OmegaForms. Client agrees to pay any sales, value-added or other similar taxes imposed by applicable law based on the services the Client uses.

19. Revisions
OmegaForms reserves the right to modify this Agreement, OmegaForms’ Acceptable Use Policy, OmegaForms’ Privacy Policy, and OmegaForms’ HIPAA Related Protocols at any time. By using OmegaForms, Client agrees that OmegaForms may provide the Client with notice of a change to any of these documents by posting the change on OmegaForms, by e-mail, by posting any modifications on the relevant webpages of www.omegaforms.com or by any other means of communication. Such notices will be effective and binding on the Client on the date that they are posted and OmegaForms is not required to provide the Client with further notice in order for Shawn Brunner to continue providing services. If the Client do not accept these changes, then the Client must terminate use of OmegaForms immediately. The latest version of this Agreement may be viewed by accessing the following webpage: http://www.omegaforms.com/terms-of-service