Website Terms of Use

Last Modified: November 6, 2020

1. Welcome. Welcome to our website. We are glad you are here, and we hope you enjoy everything we have to offer. Omega Financial, LLC (“OmegaFi”, “Software Provider”, "Us", "We" or "Our") operates each website ("Site") that links to these Terms of Use including, but not limited to omegafi.com, legfi.com and file990.org. In these Terms, the word “Sites” refers to each of these websites and the services offered on those Sites. Please read these Website Terms of Use carefully because they are a binding agreement between You and Us. You automatically agree to these Terms and to our Privacy Policy simply by using or logging into the Sites.
2. Updates. We may modify these Terms of Use at any time so be sure to check back regularly. By continuing to use or log in to this Site after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging in to the Sites. The last date these Terms of Use were revised is set forth above.
3. Permitted Use of The Site. You may use the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singularly or collectively, the "Content") solely for your non-commercial, personal purposes and/or to learn about our products and services, and solely in compliance with these Terms of Use.
4. Additional Terms of Service. If you are a customer of ours or an employee, representative or agent of one of our customers, your use of the service we offer is also subject to any agreement you or your organization has entered into directly with us or any product-specific terms and conditions.
5. Your Account.
   1. Account Creation. You may be required to create an account and specify a password in order to use certain services or features on the Sites. To create an account, you must be at least 18 years old and you must provide truthful and accurate information about yourself. Do not try to impersonate anyone else when you create your account.
   2. Account Updates. If your information changes at any time, please update your account to reflect those changes.
   3. Account Administrators. In some cases, an account may be assigned to you by an administrator, such as your employer, your fraternity, your sorority or another organization to which you belong or associate. If you are using or logging into an account assigned to you by an administrator, additional terms may apply to your use of the Sites. Moreover, your administrator may be able to access or disable your account without your or our involvement.
   4. Account Access. You may not share your account with anyone else. You may not use anyone else’s user name, password or account at any time. Please keep your password confidential, and try not to use it on other websites. If you believe that your account has been compromised at any time, please notify your system administrator or us. You are liable for all access to your account and activities conducted by any individual accessing your account, including such individual's compliance with the terms herein.
   5. Account Termination by Us. You agree that we may, without prior notice, immediately terminate, limit your access or suspend your account and access to the Sites. Cause for such termination, limitation of access or suspension shall include but not be limited to, (a) breaches or violations of these Terms of Use or other incorporated agreements, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Sites, (d) unexpected technical or security issues or problems, and (e) nonpayment of any fees owed in connection with the Sites. Furthermore, you agree all terminations, limitation of access or suspensions shall be made in our sole discretion, and we shall not be liable to you or any third-party for any account termination, limitation of access or suspension.
   6. Account Termination by You. If you wish to terminate your account, you may simply stop using or visiting the Sites.
6. Prohibited Use of The Site. By accessing the Sites, you agree that you will not:
   1. Use the Sites in violation of these Terms of Use;
   2. Use the Sites in violation of the terms of our Acceptable Use Policy ;
   3. Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Sites, or otherwise attempt to discover any source code, or allow any third party to do so;
   4. Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Service in any way;
   5. Mirror or frame the Sites or any part of it on any other web site or web page;
   6. Attempt to gain unauthorized access to the Sites;
   7. Access the Sites by any means other than through the interface that is provided by OmegaFi for use in accessing the Sites; and
   8. Use the Sites for any purpose or in any manner that is unlawful or prohibited by this Agreement.
      
      Any unauthorized use of any Content or the Sites may violate patent, copyright, trademark, and other laws
7. Copyrights and Trademarks. The Sites are based upon our proprietary technology and includes the Content. The Sites are protected by applicable intellectual property and other laws, including trademark and copyright laws. The Site, including all intellectual property rights, belongs to and is the property of us or our licensors (if any). We own and retain all copyrights in the Content. Except as specifically permitted on the Sites as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Sites, in whole or in part, by any means. Our name, our logos, and other marks used by us from time to time are trademarks and our property. The appearance, layout, color scheme, and design of the Sites are protected trade dress. Customer does not receive any right or license to use the foregoing. We may use and incorporate into the Sites or the service we offer any suggestions or other feedback you provide, without payment or condition.
8. Claims of Copyright Infringement. We respect the intellectual property rights of others, and we ask our users to do the same. We  may, in our sole discretion, suspend the access or terminate the accounts of users who violate others' intellectual property rights. If you believe that your work has been copied in a way that constitutes infringement on the Site, please contact us at legal@omegafi.com or at OmegaFi, Attn: General Counsel, PO Box 2187, Columbus, GA 31902.
9. Information and Materials You Post or Provide. We may provide opportunities for you to post text, photographs, videos, or other content (collectively, “Your Materials”) on the Sites. You can only post Your Materials if you own all the rights to Your Materials, or if another rights holder has given you permission. You do not transfer ownership of Your Materials simply by posting it. However, by posting Your Materials on publicly accessible areas of the Sites, you grant us, our agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to remove, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use Your Materials. Without those rights, we could not offer our Services. Please note that this license continues even if you stop using our Sites. You agree to indemnify, release, and hold us harmless from any all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any of Your Materials you post. Keep in mind that if you send us any information, ideas, suggestions, or other communications to us, those communications will not be confidential. Moreover, unless we tell you otherwise, we reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you.
10. Electronic Communications. When you use our Sites or send communications to us through a Site, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Sites. We may communicate with you by email or by posting notices on the Sites. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting Your Materials, creating a user account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.
11. Links to Third-Party Web Sites. Links on the Sites to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by us, of the third party, the third-party web site, or the information there. We are not responsible for the availability of any such web sites. We are not responsible or liable for any such web sites or the content thereon. If you use the links to the web sites of our affiliates or service providers, you will leave the Site and will be subject to the terms of use and privacy policy applicable to those web sites.
12. Social Networks. The Sites may include features that operate in conjunction with certain third party social networking websites that you visit such as Facebook, Instagram, YouTube, and Twitter (“Social Network Features”). While your use of the Social Network Features is governed by these Terms, your access and use of third party social networking sites and the services provided through them is governed by the terms of service and other agreements posted on these social networking sites. You are responsible for ensuring that your use of those sites complies with any applicable terms of their service or other agreements.
13. Disclaimers; Limitations of Liability.
    1. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF USE, NEITHER OMEGAFI NOR ITS AGENTS, LICENSORS OR SERVICE PROVIDERS (THE “SERVICE ENTITIES”) MAKE ANY SPECIFIC PROMISES ABOUT THE SITES. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SITES, THE SPECIFIC FUNCTION OF THE SITES OR THEIR RELIABILITY, AVAILABILITY OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITES “AS IS.” SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
    2. EXCEPT WHERE PROHIBITED, THE SERVICE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES OR ANY THIRD PARTY’S USE OF THE SITES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE OR THE VIOLATION OF YOUR RIGHT’S BY ANY THIRD PARTY, EVEN IF THE SERVICE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH SUCH CLAIM IS BASED.
    3. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, OMEGAFI IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF OMEGAFI AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS.
    4. Other Relief. You also agree any violation of this Agreement may cause irreparable harm to us and monetary damages may not be an adequate remedy. You therefore agree we shall be entitled to any equitable relief, including a temporary restraining order, preliminary injunction or permanent injunction by an appropriate court in the appropriate jurisdic­tion, enjoining you from any vio­lation or threatened violation of this Agreement, in addition to any mone­tary damages which might occur by reason of your breach of these Terms of Use.
14. Indemnification. You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless OmegaFi, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of these Terms of Use.
15. Privacy. Your use of the Site is subject to our Privacy Policy, available at https://www.omegafi.com/privacy-policy.
    
16. General Provisions
    1. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
    2. Enforcement/ Choice of Law/ Choice of Forum. If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. Any and all disputes relating to these Terms of Use, our Privacy Policy, your use of the Site, any other of our web sites or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Delaware, without regard to any conflict of laws provisions. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts in Wilmington, Delaware, in the event of any dispute of any kind arising from or relating to these Terms of Use, our Privacy Policy, your use of the Sites or the Content.
17. For More Information. To lean more about these Terms of Use or to report a violation, contact us at OmegaFi, Attn: General Counsel, PO Box 2187, Columbus, GA 31902, or legal@omegafi.com