Terms of Use

TERMS OF USE
The following Terms of Use should be reviewed carefully. If you do not agree to these Terms of Use, do not use this web site or any service, feature or program found therein (collectively referred to as “Web Site”). By accessing, using, uploading, or downloading materials from this Web Site you agree to be bound by these Terms of Use. OM Digital Solutions Americas, Inc. ("OM Digital Solutions") reserves the right to make changes or updates to these Terms of Use at any time without notice. Please visit the site periodically to review the most current terms governing your use of this Web Site.

NOTICE SPECIFIC TO INFORMATION AVAILABLE ON THIS WEB SITE
The information contained or referred to in this Web Site comes from a variety of sources and may not be accurate, error-free, complete, or current. This Web Site is provided as a service to its visitors and the Web Site information is provided on an "AS IS" basis and use of such information is at your own risk. OM Digital Solutions reserves the right to delete, modify or supplement the content of this Web Site at any time for any reason without notification to anyone.

OM DIGITAL SOLUTIONS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF ANY INFORMATION, CONTAINED IN OR REFERRED TO IN THIS WEB SITE, FOR ANY PURPOSE. OM DIGITAL SOLUTIONS ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OMISSIONS, WARRANTIES AND CONDITIONS WITH REGARD TO THIS WEB SITE AND/OR THE INFORMATION CONTAINED IN OR REFERRED TO IN THIS WEB SITE INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL OM DIGITAL SOLUTIONS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, RESULTING FROM LOSS OF USE, DATA OR PROFITS, EITHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE. SOME STATES MAY NOT RECOGNIZE A DISCLAIMER OR LIMITATION OF WARRANTIES AND/OR LIMITATION OF LIABILITY SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE DIFFERENT AND/OR ADDITIONAL RIGHTS AND REMEDIES THAT VARY FROM STATE TO STATE.

NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE
Any software that is made available to download from this web site ("Software") is the copyrighted work of OM Digital Solutions and/or its suppliers. The Software is made available for downloading solely for use by end users and any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. In addition, downloading Software is prohibited if you are visiting this web site from any of the countries to which the export of software is prohibited by the U.S. Department of Commerce.

Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. OM DIGITAL SOLUTIONS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL OM DIGITAL SOLUTIONS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, RESULTING FROM LOSS OF USE, DATA OR PROFITS, EITHER IN AN ACTION OF CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE. SOME STATES MAY NOT RECOGNIZE A DISCLAIMER OR LIMITATION OF WARRANTIES AND/OR LIMITATION OF LIABILITY SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE DIFFERENT AND/OR ADDITIONAL RIGHTS AND REMEDIES THAT VARY FROM STATE TO STATE.

OM SYSTEM is responsible for content generated by OM Digital Solutions on this Web Site. However, this Web Site may contain links to web sites controlled by parties other than OM SYSTEM. OM Digital Solutions does not review, is not responsible for, and does not endorse the contents, policies, or use of these third-party web sites. Any links to other web sites are provided as merely a convenience to the users of this Web Site and your decision to view or use any of such linked web sites is at your own risk.

COPYRIGHT INFORMATION
© 2021 OM Digital Solutions Americas, Inc. All rights reserved.

All materials contained on this Web Site are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission ofOM Digital Solutions. You may not alter or remove any trademark, copyright, or other notice from copies of the content.

TRADEMARK INFORMATION
OM SYSTEM is a registered trademark, and other OM SYSTEM product and service names and slogans referenced in this Web Site are trademarks or registered trademarks of OM Digital Solutions Corporation, OM Digital Solutions Americas, and/or their Affiliated Entities ("Affiliated Entities” include Olympus’ parent company, OM Digital Solutions Corporation of the Americas, as well as the direct and indirect subsidiaries of OM Digital Solutions Corporation of the Americas  OM SYSTEM and/or Olympus). OM Digital Solutions trademarks may not be used without the prior written authorization of the owner, except to identify the corresponding products or services. All other company, product or service names referenced in this Web Site are used for identification purposes only and may be trademarks of their respective owners.

LIMITED RIGHT TO USE CONTENT
You may download content found on this Web Site for your personal use for non-commercial purposes, provided that the copyright, trademark, or other proprietary notices are not removed from the materials downloaded. You may not use, distribute, modify, transmit, reproduce, broadcast, create derivative works from or post the content of this Web Site, including any text, images, audio or video for public or commercial uses. This is a license and does not transfer any ownership right. You may not remove any copyright notices.

SYSTEM INTEGRITY
You may not use any hardware or software intended to damage or interfere with the proper and timely functioning of this web site or to surreptitiously intercept any system, data or personal information from the web site. You may not take any action which imposes an unreasonable or disproportionately large load on the web site’s network or other infrastructure.

HEALTH CARE INFORMATION
This Web Site, or affiliated web sites linked to this website, may contain information on medical and health-related topics. This information is provided for educational purposes only and is not meant to be a substitute for the medical advice provided by your own physician or other medical professional. OM Digital Solutions assumes no responsibility for how this information is used. You should not use this information for diagnosing a health problem or disease but should always consult your own physician. In addition, although OM Digital Solutions tries to keep this Web Site as current as possible, please be aware that health care information, by its very nature, changes quite rapidly, so some materials may occasionally be out of date.

RESTRICTED RIGHTS
The information that is downloaded from this Web Site for or on behalf of the government of the United States of America and/or its agencies (the "U.S. Government") is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in DFARS 252.227-7013 and FAR 52.227-14 and 48 CFR 52.227-19, as applicable.

APPLICABLE LAWS
This web site, or affiliated web sites linked to this web site, may contain information about products which may or may not be available in any particular country, and if applicable, may have received acceptance or market clearance by a governmental regulatory body for different indications and restrictions in different countries. Each country has specific laws, regulations and medical practices governing the communication of medical or other information about medical products on the Internet. Nothing herein should be construed as a solicitation or promotion for any product or for an indication for any product which is not authorized by the laws and regulations of the country where the reader resides.

This web site is developed and maintained by OM Digital Solutions from its offices in Pennsylvania, U.S.A. All claims relating to this web site shall be governed by the laws of the State of Pennsylvania. You may not use any of the information contained in this web site in violation of U.S. export laws or regulations or in violation of any applicable local laws or regulations.

These Terms of Use are void only to the extent where prohibited by law.

SUBMISSION OF IDEAS
In order to avoid troubles relating to Intellectual Property Rights, OM Digital Solutions is not obligated to accept or consider any unsolicited information or ideas about technologies, products, services, designs or business from the public ("Idea") through this OM Digital Solutions Web Site or otherwise. Nonetheless, if you send OM Digital Solutions an Idea, OM Digital Solutions shall deem that you have waived all rights of your Idea and you have agreed that OM Digital Solutions is free to use your Idea. OM Digital Solutions shall be under no obligation to review, evaluate, or adopt your Idea, nor shall OM Digital Solutions be under obligation to keep your Idea confidential. Also, OM Digital Solutions shall not be responsible for any payment of compensation or similarities between your Idea and future OM Digital Solutions products or activities. Please note that OM Digital Solutions has no obligation to reply to your submission of Idea.

OM SYSTEM MOBILE ALERTS
By electing to receive promotional alerts, product information or service information via text messaging (“OM SYSTEMMobile Alerts”), you have agreed to receive such alerts by OM Digital Solutions through the use of an auto-dialer and have agreed to these terms and conditions.

The number of texts that you will receive from any specific OM Digital Solutions Mobile Alerts keyword campaign shall be up to ten (10) per month.

By participating in OM Digital Solutions Mobile Alerts, message and data rates may be applied by your carrier. OM Digital Solutions does not charge you for sending texts to you.

You must be 18 years of age or older and have a US or Canadian carrier cell phone plan to participate in OM Digital Solutions Mobile Alerts. By electing to receive OM Digital Solutions Mobile Alerts you are representing that you are the account holder or rightful owner of the phone number that will be receiving the text messages, are 18 years of age or older, and have the requisite plan to participate. Content is not available on all carriers. Some promotions, contests/giveaways, and other offers may only be available in certain countries, states or provinces as set forth in the applicable materials for such promotion, contests/giveaways and other offers.

You may Opt-out/stop receiving text messaging at any time by texting “STOP” to the number shown as sending the text message to you. You will receive one more text after texting “STOP” to confirm the stop. Stopping text messaging will not affect any membership, purchase, entry, service or other relationship you may have with OM Digital Solutions.

If you would like additional information on OM SYSTEM’ Mobile Alerts or if you need assistance you can text “HELP” to the number shown as sending the text message to you or by contacting OM Digital Solutions customer service directly at 1-800-622-6372. You can also contact OM Digital Solutions by mail at OM Digital Solutions Americas, Consumer Products Group, 3500 Corporate Parkway, Center Valley, PA 18034

Any information that we collect from you shall be used according to these terms and conditions and our Privacy Policy.

You may Opt-in again at anytime to receive OM Digital Solutions Mobile Alerts by visiting www.explore.omsystem.com and following the instructions for receiving OM Digital Solutions Mobile Alerts or by participating in various OM Digital Solutions promotions where you can elect to Opt-in to OM Digital Solutions Mobile Alerts.

OLYMPUS REWARDS PROGRAM

Please note, the OM Digital Solutions Rewards Program is ending on August 31, 2020. Please review details here: Program Closure Information

The OM Digital Solutions Rewards Program applies only to products sold on www.explore.omsystem.com and that are listed as participating in the OM Digital Solutions Rewards Program ("Qualifying Products"); or the performance of an activity designated by OM Digital Solutions (“Qualifying Activity”).

In order to receive the benefits of the OM Digital Solutions Rewards Program You must be an existing OM Digital Solutions account holder at www.explore.omsystem.com or You must visit www.explore.omsystem.com and create an OM Digital Solutions account (“Membership”). Membership is open to all individuals that reside in the United States and Canada. Commercial customers and others purchasing items for resale are not eligible for Membership.

The use and benefits of the OM Digital Solutions Rewards Program is subject to, and shall be governed by, these Terms of Use. OM Digital Solutions may, at its sole and absolute discretion, change the OM Digital Solutions Rewards Program rules, regulations, benefits, conditions of participation, or Reward levels, in whole or in part, at any time without notice, even though changes may affect the value of the points already accumulated. It is your responsibility to be aware of any such changes. Continued use of your OM Digital Solutions account shall be deemed acceptance of these Terms and Conditions and any modifications thereto.

You will receive reward points based on the purchase of a Qualifying Product or the performance of a Qualifying Activity ("Rewards"). The amount of Rewards You can earn on the purchase of a Qualifying Product or performance of a Qualifying Activity will be determined by OM Digital Solutions. The Rewards You can earn upon the purchase of a Qualifying Product will be displayed by the price for such Qualifying Product or, in some instances, through a promotion of such Qualifying Product(s). Points you can earn from the performance of a Qualifying Activity will be displayed in the promotional announcement and/or materials of the Qualifying Activity. OM Digital Solutions has the right to make the final decision on whether a purchase or performance qualifies for Rewards.

You must be logged into Your OM Digital Solutions account on the www.explore.omsystem.com website, in order to earn Rewards from purchasing Qualifying Products. You do not have to be logged into your OM Digital Solutions account in order to earn Rewards from the performance of a Qualifying Activity.

Rewards may be redeemed 1) on future purchases of OM Digital Solutions products on explore.omysystem.com in the form of a discount on such future purchase; or 2) may be used to purchase certain OM Digital Solutions products offered from time to time by OM Digital Solutions in exchange for Rewards.

No Rewards will be earned on Qualifying Product(s) purchased with Rewards. OM Digital Solutions will post earned Rewards to Your account within thirty (30) days from the purchase of a Qualifying Product or the performance of a Qualifying Activity. Rewards may only be redeemed after such Rewards are posted to Your account.

Rewards have no cash value and cannot be converted to or redeemed for cash, either directly or indirectly. Tax, shipping & handling and any other charges other than the purchase price of the Qualifying Product are not eligible for Rewards points. Shipping and handling charges apply to all products, including items purchased with Your Rewards.

Points are not transferable and may not be combined with Rewards from other OM Digital Solutions Rewards Program Members or conveyed by any means to anyone, including through a Member’s estate, and may not pass to Members’ successors and assigns. Accrued points do not constitute property of the Member. Accrued points are not transferable by the Member (i) upon death, (ii) as part of a domestic relations matter, or (iii) otherwise.

Any return of a Qualifying Product purchased with Rewards will take into account the value of the Rewards redeemed for such product, which may result in a reduction of any amounts owed to You for such return. Any discount or price adjustment, including but not limited to an adjustment resulting from a price match inquiry, may result in the value of the Rewards for this item being reduced by the amount of the price adjustment or eliminated entirely, at Our sole discretion.

As part of the OM Digital Solutions Rewards Program, You may receive print/electronic Rewards Statements, OM Digital Solutions Reward Program updates and other related materials at the discretion of Olympus. OM Digital Solutions reserves the right to cease providing OM Digital Solutions Reward Program updates and related materials to You.

You can view Your account activity online at www.explore.omsystem.com. For information about an individual account or any other OM Digital Solutions Reward Program-related questions or information contact OM Digital Solutions America, Inc., Consumer Product Group Customer Service by mail at: 3500 Corporate Parkway, Center Valley, PA 18034 or by email at eshop.support.am@om-digitalsolutions.com.

To the extent provided by law, OM Digital Solutions reserves the right to make Rewards and promotional offers available to select OM Digital Solutions account holders based on purchase activity, geographic location, OM Digital Solutions Rewards Program participation, or information supplied by You.

You may cancel Your Membership at any time by notifying OM Digital Solutions Customer Service by mail, email or telephone.

We reserve the right to close your account at anytime if there is no account activity for a period of two (2) years, which will result in the forfeiture of any and all accumulated Rewards. For the purposes of these Terms and Conditions, “account activity” shall mean any purchases, downloading content, uploading content, or logging on. OM Digital Solutions shall reasonably determine if an account is inactive at its sole and absolute discretion.

The information provided by You will be handled according to the OM Digital Solutions Privacy Policy. If You are interested in learning more about OM Digital Solutions privacy practices, please visit www.explore.omsystem.com and click on the Privacy Statement link in the bottom navigation bar.

We may terminate the OM Digital Solutions Rewards Program and/or your Membership at anytime at Our discretion. If We do so without cause, We will provide you with at least ninety (90) days to redeem any Rewards you have earned prior to any termination of your Membership or the OM Digital Solutions Rewards Program.

Abuse of the Olympus Rewards Program by failing to follow these Terms and Conditions, conducting any fraudulent or illegal activities, purchasing products with the intent to resell, “hacking”, misrepresenting or falsifying any facts presented to OM Digital Solutions, participating in any activity disparaging to or not in the best interest of OM Digital Solutions or other OM Digital Solutions account holders, or conducting any other improper conduct as determined by OM Digital Solutions in its sole judgment, may result in immediate cancellation of your Membership and future disqualification from OM Digital Solutions Rewards Program or participation in other OM Digital Solutions promotional programs, forfeiture of all Rewards accrued, cancellation of previously issued but unused Rewards, and termination of the business relationship with OM Digital Solutions. In connection with the enforcement of any of the Terms and Conditions governing the OM Digital Solutions Reward Program, OM Digital Solutions reserves the right to take appropriate legal action, as it deems necessary, and to recover damages, attorneys’ fees and court costs.

Our failure to insist upon or enforce Your strict compliance with these Terms and Conditions will not constitute a waiver of any of Our rights.

Taxes may apply where required by law. You shall be responsible for any taxes that you may incur for receiving and/or redeeming Rewards.

All determinations by OM Digital Solutions shall be final and conclusive in each case.

USER CONTENT
OM Digital Solutions will not post, display, or use your photograph(s), video(s), photograph or video titles/descriptions, and/or your username (the “Content”) on the explore.omsystem.com site without first obtaining your consent.

When you provide us your consent to use your Content, you certify and agree that the Content:

• is your own original work;
• does not violate, misappropriate, or infringe the copyright, privacy right, publicity right, or any other rights, of any third party; and
• complies with all applicable city, state, provincial and/or federal laws. All photos that you have allowed us to post, display or use will be attributed to you, where such attribution can be reasonably made based on the contemplated use, which shall be made at the sole and absolute discretion of OM SYSTEM. You are solely responsible for, and shall indemnify and defend OM Digital Solutions from, any claims related to the Content you have allowed us to post, display, or use, including but not limited to any claims by third party that such Content infringes upon, or violates, any right of privacy, publicity, or intellectual property right.

Additionally, upon providing your consent, you grant to OM Digital Solutions Americas and its respective parents, subsidiaries, affiliates, successors and assignees (collectively “OM Digital Solutions”) , without any further obligation to you, a non-exclusive, fully paid and royalty-free, worldwide license and permission to use the Content, with or without notice to you, on OM Digital Solutions (including our parent, subsidiary and affiliate companies) websites, newsletters, emails, social channels, and partner websites. You shall at all times continue to retain ownership of any Content.

You acknowledge that the Content you submit may be accessible by known and unknown third parties, who can obtain copies, downloads or other renderings of the Content freely. You understand that OM Digital Solutions shall not be responsible for, and you release and waive any and all claims you have against OM Digital Solutions for, such use by third parties. OM Digital Solutions shall not be responsible for policing, enforcing, or otherwise pursuing third parties for any claims related to such third party’s use of the Content submitted.

OM SYSTEM shall not be responsible for, and you waive and release OM Digital Solutions from any and all damages or claims resulting from OM SYSTEM’s use of your Content within the scope of the authorization granted herein. The OM Digital Solutions website is not a storage service, but a place where Content is displayed for public view. OM Digital Solutions reserves the right to delete, destroy, or permanently remove any Content or link to such Content at any time, with or without notice.

You consent to allow OM Digital Solutions Americas, to contact you regarding any communication OM Digital Solutions may have related to your Content. If you would like to revoke your consent for OM Digital Solutions use, display, post or any license stated herein, you can do so by emailing email@om-digitalsolutions.com with a statement similar to the following:  “I would like to terminate my consent that allows OM Digital Solutions the use of my Content.”

Upon receipt of your termination request, OM Digital Solutions shall, within a reasonable time not to exceed ten (10) business days, remove any of your content from the domains we control. For customer support or to report any infringement, misappropriation or violation of any Content, please visit: www.explore.omsystem.com

 

All updates to 'Terms of Use' will be posted here.  These terms were last updated on December 28th 2022.