Terms of Service
Last Updated on July 19, 2024
Terms and Conditions of Use:
Your purchase or use of Omega DataCube or this website constitutes your agreement with Prairie IT, Inc. that you have read, understand and accept the Terms of Service and this disclaimer and limitation of liability. The following provisions apply to all Omega DataCube products (collectively the “Product”).
THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. PRAIRIE IT, INC. AND ITS SUPPLIERS AND LICENSORS DISCLAIM AND MAKE NO EXPRESS OR IMPLIED WARRANTIES AND SPECIFICALLY DISCLAIM THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. WE ARE NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE. YOU ARE STRONGLY ENCOURAGED TO MAINTAIN ADDITIONAL BACKUP STORAGE OF YOUR PHOTOS and DATA TO PREVENT ACCIDENTAL LOSS OR DELETION OF YOUR PHOTOS and DATA AND TO BACKUP ANY DATA, PHOTOS, OR INFORMATION PRIOR TO USE OF Omega DataCube.
If you choose to opt out of authorizing certain Product cookies, please be aware that this may significantly impair or prevent proper functioning of Omega DataCube website and the quality of the user experience. In addition, disabling or opting out of certain essential cookies may impair or wholly prevent proper functioning of Omega DataCube website. Your decision, whether to opt in, opt out, or otherwise not select an option shall serve as notice to Omega DataCube of your desire or intent to take certain privacy right actions.
We reserve the right to substitute USB drives. The actual USB drive you receive may not look the same as the drive shown in sales or marketing photos.
We provide support solely as stated on our support page. Our support is provided with no guarantees or refunds based on performance or lack thereof.
Only actual purchasers of Omega DataCube shall have any rights or remedies hereunder and no rights concerning Omega DataCube or the Product shall be transferable or assignable. Any attempted transfer or assignment shall be void.
RETURN POLICY:
You can return Omega DataCube for any reason within 30 days, beginning the date of delivery, for a full refund of your purchase amount. Please note that shipping and handling charges are non-refundable.
Please email us at returns@omegadatacube.com to receive your required return instructions.
Any address other than what we have furnished in writing will be undeliverable, and no refund will be processed.
Your return must be received within 30 days of the delivery date. Return requests received after 30 days of the delivery date will not be processed, and no refund will be issued.
Return postage is the customer's responsibility, and all returns must have the proper amount of postage. Packages with insufficient postage will be returned to sender, and no refund will be processed. The customer assumes all risk of loss or damage to the product while in transit.
Once your return is received, inspected, and accepted, if it meets the return restrictions noted above, we will apply a credit to the payment method that was used to originally purchase the item and notify you via email that your return was processed. Allow up to 30 days to receive the return credit.
By placing your order for Omega DataCube you are agreeing to these terms and acknowledge Omega DataCube's return and refund policies.
LIMITED WARRANTY:
This limited warranty covers defects in materials and workmanship in Omega DataCube during the first 30 days of the delivery date. In addition, as provided above, your choices to opt out of or delete essential cookies may significantly impair or prevent proper product functioning and user satisfaction.
We may make changes to any products or services offered on Omega DataCube website, or to the applicable prices for any such products or services, at any time, without notice.
Until you properly notify us that you desire to opt out of receiving certain information, you may receive updates from Prairie IT about new products and partner promotions. Customers may unsubscribe from these promotions at any time, but your opting out will not affect any actions taken by us fewer than ten business days after our actual receipt of proper written notice of such termination at the address we provide to you.
USER comments and communications:
You agree that your comments on Prairie IT’s sites, social media, or other forums for comment and review will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments and communication will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead or attempt to 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.
You further acknowledge and agree that, by your purchase, YOU WAIVE ALL RIGHTS TO BRING CLAIMS AGAINST Omega DataCube or Prairie IT Inc FOR PRIVACY RIGHTS, CONSUMER DATA CLAIMS, OR RELATED CAUSES OF ACTION.
LIMITATION OF LIABILITY:
THE ENTIRE EXTENT OF OUR LIABILITY AND YOUR EXCLUSIVE REMEDY IS LIMITED TO REFUND OF THE PRICE PAID FOR Omega DataCube, IF ANY. IN NO EVENT SHALL PRAIRIE IT, INC. OR ITS LICENSORS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF ANY KIND.
Your purchase or use of Omega DataCube in any form constitutes your acknowledgement and agreement that you have read, understand and accept this disclaimer and limitation of liability as essential terms of this product sale, both for yourself and anyone to whom you may transfer the product in part or in whole.
Enforcement/Venue:
This Agreement shall be construed and interpreted under the laws of the State of Colorado. The Parties agree that the exclusive venue for any dispute relating to this Agreement shall be the City and County of Denver, District Court, State of Colorado. The Parties acknowledge and agree that if Prairie IT prevails in any or all of its claims or defenses, Prairie IT shall be entitled to its reasonable attorneys’ fees and costs.
Miscellaneous:
You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force, effect, and enforceability.