Terms and Conditions of Use
Kennedy Express LLC dba Omech Financial and its affiliated entities ("Omech") provide these Terms and Conditions of Use (“Terms”) to govern your access to and use of this website, https://omechfinancial.com, and any related sites or mobile applications operated by Omech (collectively referred to as the "Sites"). Please read these Terms carefully before accessing or using our Sites. By visiting or using our Sites, or any products and services available through them, you agree to abide by these Terms. If you do not accept these Terms, we request that you discontinue your use of the Sites immediately. By agreeing to these Terms, you also agree to comply with our Privacy Policy located at https://omechfinancial.com/privacy, which is incorporated into these Terms by reference and constitutes part of your agreement with us.
Mandatory Arbitration Agreement
These Terms include a Mandatory Arbitration Clause, which means that you agree that either you or Omech may elect to resolve any claim ("Claim" as defined below) through binding individual arbitration, rather than proceeding in court or before a jury. This also includes a Class Action Waiver, meaning that you agree to resolve any Claim on an individual basis, not as part of a class action. You have the right to reject this Arbitration Agreement under certain conditions, outlined below. Please carefully read this Arbitration Agreement.
Content and Information Disclaimer
Our Sites provide general information about the products and services offered by Omech Financial. However, eligibility for specific services and products is subject to our final determination, and may also involve restrictions and acceptance criteria. We retain the right to modify or discontinue any information, products, or services displayed on the Sites at any time. Information that is dated is valid only as of its publication date, and we have no responsibility to update or correct any outdated information.
Although we strive to ensure that all information on the Sites is accurate and current, inadvertent errors, technical inaccuracies, or typographical mistakes may occur. Therefore, we cannot warrant the accuracy, completeness, or timeliness of the information, text, graphics, links, or any other content on our Sites.
Links to Other Websites
Our Sites may include hyperlinks to third-party websites, such as various social media platforms. These websites are not owned or operated by us, but we provide these links solely for your convenience and ease of access. If you choose to navigate to a third-party website through a link on our Sites, you do so entirely at your own risk. This action will subject you to the terms and conditions set by the operator of that particular website. The inclusion of a link to an external website does not imply that we endorse, authorize, or sponsor that site, nor does it suggest any affiliation with the owners or sponsors of that third-party website. We retain the right to remove or terminate any links to third-party websites at our discretion, without prior notice.
Accessing Our Sites
Our Sites are specifically designed for individuals who are 18 years of age or older. Furthermore, these Sites are not intended for use in any jurisdiction or country where access would violate applicable laws or regulations. It is your responsibility to ensure compliance with all local laws in your jurisdiction when using our Sites. By providing information, products, or services through our Sites, we are not soliciting individuals in jurisdictions where such activities are legally prohibited. We may impose geographic restrictions on your access to our Sites based on your location.
To successfully access our Sites, you will need a reliable Internet connection and a web browser on your computing device. You are solely responsible for any costs, expenses, or fees associated with your Internet access. There may be instances when our Sites become temporarily unavailable due to maintenance, software malfunctions, telecommunications issues, or unusually high transaction volumes, and we cannot guarantee continuous accessibility.
Your access to our Sites is strictly limited to the intended functions of those Sites. Any unauthorized use of our Sites and/or our systems, including but not limited to misuse of any information posted on our Sites or unauthorized entry into any of our systems, is strictly prohibited. You are prohibited from using our Sites in any manner that:
You are explicitly prohibited from engaging in any of the following activities, whether directly or indirectly, on our Sites or through any associated services:
- Unauthorized Access: You are not permitted to access any information or data that has not been designated for your use or for which you do not possess the necessary authorization. This includes any attempts to bypass security measures to gain access to restricted areas of our Sites.
- Information Gathering: You must not attempt to harvest, collect, gather, or assemble any information or data, including, but not limited to, the identities, details, or data of third-party merchants or users associated with our Sites.
- Invasion of Privacy: Engaging in activities that invade the privacy of other users is strictly forbidden. This includes any actions that unlawfully acquire or obtain the identity or personal information of others without their explicit consent.
- Vulnerability Testing: You are not allowed to probe, scan, or test the vulnerabilities of our Sites, network infrastructure, or security protocols without obtaining proper authorization. This type of behavior can pose significant risks to the security and integrity of our systems.
- Service Interference: Any attempts to interfere with or disrupt service to any user, host, or network are strictly prohibited. This includes actions designed to disrupt our business operations through means such as submitting harmful viruses, overwhelming our servers, flooding our systems with excessive requests, sending spam, conducting mail bombing, or causing our Sites to crash.
- Content Manipulation: You are not permitted to copy, modify, redistribute, reverse engineer, or decompile any part of our Sites or any content delivered to you via our Sites. This includes, without limitation, audio or video content that is made available through our platforms
- Unsolicited Communications: Sending unsolicited communications, including promotional messages or advertisements for products and services, is strictly forbidden. All communications must be authorized and must not disrupt the user experience.
- Fraudulent Activities: Engaging in any unlawful, fraudulent, or deceptive practices is not allowed. This includes activities that violate applicable laws and regulations, which could lead to legal consequences.
- Offensive Communication: You are prohibited from communicating any unlawful, threatening, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. Maintaining a respectful and safe environment for all users is paramount.
- Encouragement of Criminal Behavior: Encouraging behaviors that could be classified as criminal offenses or that might result in civil liability for any party involved is strictly prohibited. This includes any actions that promote illegal activities or violations of rights.
- Violation of Terms: You must not violate these Terms or any other policies or agreements you have entered into with us. Compliance with all applicable rules and regulations is required.
- Noncompliance with Third-Party Terms: Failing to comply with applicable terms and conditions established by third parties is not acceptable and could lead to consequences.
- Inappropriate Conduct: : Engaging in any other form of inappropriate conduct, as determined by us at our sole discretion, is not allowed. We reserve the right to determine what constitutes inappropriate behavior and to take action as necessary
In addition, you may not, either directly or indirectly through the use of any device, software, Internet site, web-based service, or any other means:
Circumventing Notices:You are expressly forbidden from removing, altering, bypassing, avoiding, interfering with, or circumventing any copyright, trademark, or other proprietary notices that are found on the content of our Sites. This includes any digital rights management mechanisms, devices, or other measures that are implemented to protect the content associated with our Sites. Content Duplication:Copying, downloading, streaming, capturing, reproducing, duplicating, archiving, distributing, uploading, publishing, modifying, translating, broadcasting, performing, displaying, selling, transmitting, or retransmitting any content that is found on our Sites is strictly prohibited, except in cases where such actions are explicitly permitted by these Terms. Incorporating Content: You are not allowed to incorporate the content found on our Sites into, or stream or retransmit such content through any hardware or software application. This includes making the content available through frames or in-line links without obtaining proper permission. Creating Indices: Creating, recreating, distributing, or advertising an index or significant portion of the content found on our Sites is not allowed without our express written consent. This includes any attempts to catalog or archive our content for external use.You may not build a business utilizing the content on our Sites, regardless of whether the intention is for profit. Additionally, you are strictly prohibited from creating derivative works or materials that are based on any content found on our Sites, including, but not limited to, montages, mash-ups, and similar videos or merchandise, unless you have received explicit written permission from us.
If you violate any provision of these Terms, we reserve the right to terminate your access to our Sites immediately. Furthermore, we may, at our sole discretion, suspend or terminate any user account you have established with us at any time, with or without prior notice. We reserve the right to deny you access to our Sites at any time, with or without cause, and without prior notification. We may also terminate these Terms or our Sites, in whole or in part, at any time without prior notice. In the event of termination, any existing transactions you have entered into with us shall remain valid and in effect.
User Submissions
With respect to any content you submit or make available through or on our Sites (other than personal information, which is managed according to our Privacy Policy), you grant us a non-exclusive, perpetual, irrevocable, non-terminable, unrestricted, worldwide, royalty-free license to use, copy, reproduce, distribute, publicly display, publicly perform, transmit, modify, create derivative works, and sublicense such content or any part thereof, through any means and in all media formats and channels now known or hereafter devised, in perpetuity. This also includes our right to advertise and promote such use without any prior notice or permission from you or any other person, and without compensation or attribution.
We encourage you to keep copies of all content you submit, as we are not obligated to store or return any such submissions to you. Your submission of content does not create any confidentiality obligations on our part. While we are not required to monitor user-submitted content or the use of our Sites, we reserve the right to monitor or moderate user content at our sole discretion and to enforce our or a third party’s intellectual property rights in any user-submitted content. We also retain the right to discard or remove any user-submitted content from our Sites without notice and without any liability to you. You acknowledge that you are fully responsible for any content you may submit through our Sites, including ensuring its legality, reliability, appropriateness, originality, and adherence to copyright laws.
Communications
If you choose to submit your email address to us via our Sites, we may utilize your email address to communicate with you electronically. Please be aware that email is not a secure means of communication, and you acknowledge the inherent risks associated with communicating via email. These risks include the potential for unauthorized access, the possibility of emails being misdirected to spam folders, your inability to access email due to power outages, hardware or software malfunctions, or issues with your computing device, as well as matters affecting the Internet or your Internet access. Therefore, we recommend that you do not rely solely on email communication if you require immediate assistance. For security reasons, we may not be able to respond to certain email requests.
Security
We have implemented various measures to safeguard the privacy and security of your personal information, as well as the financial transactions you conduct with us. Although we utilize administrative, technical, and physical security protocols designed to protect your account and your personal details, it is important to recognize that the Internet is inherently a public network. Therefore, we cannot assure you that any information transmitted or transactions carried out online will be completely secure or that a third party will not be able to access or intercept such information. Furthermore, we disclaim any responsibility for any electronic virus or viruses that you may encounter while navigating the Internet. To mitigate risks, we recommend that you routinely scan your devices with a reputable virus protection product, as an undetected virus has the potential to corrupt and damage your software, files, and even your hardware.
We are deeply committed to combating fraud, and we retain the right to employ all reasonable measures necessary to detect and prevent fraudulent activities. For security reasons, we may monitor, view, and record activity on our Sites without prior notice or permission from you. Any information collected through monitoring, viewing, or recording may be subject to scrutiny by law enforcement agencies in connection with the investigation or prosecution of potential criminal activities on our Sites. Additionally, we will comply with all court orders requesting such information. Any actual or attempted fraud or other unauthorized use of our Sites could lead to criminal and/or civil prosecution, along with an immediate termination of your access to our Sites.
In order to ensure the security of your information, we may require you to authenticate your identity (i.e., prove your identity) in order to conduct specific transactions on our Sites. You may need to use unique login credentials to access certain sections of our Sites. You acknowledge that your login information is unique to you and must be kept private and confidential in order to protect your account\'s security. You agree not to disclose or make your login information available to any unauthorized individual. If you suspect that your login credentials have been compromised, lost, or stolen, or if someone unauthorized has attempted to access your account, you must notify us immediately using the contact information provided below. If you lose or forget your login details, you should reach out to us without delay. Failure to notify us may result in you being liable for all unauthorized activities that occur on your account.
Warranties / Limitations of Liability / Indemnification
THE CONTENT PRESENTED ON OUR SITES IS OFFERED "AS IS," AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY OCCUR IN CONNECTION WITH OUR SITES, OR FROM YOUR USE OF, OR INABILITY TO USE, OUR SITES OR ANY INFORMATION PROVIDED THEREIN; OR IN RELATION TO ANY PERFORMANCE FAILURE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; OR THE DISCLOSURE OF INFORMATION WHEN RESPONDING TO YOU VIA E-MAIL OR OTHER ELECTRONIC MEANS, OR RECEIVING EMAILS FROM YOU; EVEN IF WE HAVE BEEN INFORMED OF THE POTENTIAL FOR SUCH DAMAGES, LOSSES, OR EXPENSES. Please be aware that certain jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages; in such cases, our liability is restricted to the maximum extent allowed by law.
WE ACCEPT NO RESPONSIBILITY, AND SHALL NOT BE HELD LIABLE FOR, ANY VIRUSES THAT MAY INFECT OR DAMAGE YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING OUR SITES, THE INTERNET, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OUR SITES OR THE INTERNET.
WE DO NOT WARRANT OR REPRESENT THAT YOUR USE OF THE MATERIALS DISPLAYED ON OUR SITES WILL NOT VIOLATE THE RIGHTS OF THIRD PARTIES THAT ARE NOT OWNED BY OR AFFILIATED WITH US.
You agree to indemnify and hold us harmless from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys\' fees and costs, incurred by us in connection with any claims made by third parties (including any claims related to intellectual property) that arise out of your access to or use of our Sites in violation of these Terms or any applicable laws. You also agree to fully cooperate in the defense of any such claims. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not settle any such claim or matter without our written consent.
Arbitration Agreement
Solely for the purposes of this Arbitration Agreement, the terms "we," "us," and "our" refer to Kennedy Express LLC dba Omech Financial, its affiliates, predecessors, successors, and assigns. These terms also extend to cover all officers, directors, employees, and agents of these entities. Additionally, they apply to any third party providing a product or service associated with these Terms, our websites, or your account, in situations where you bring a claim against that third party concurrently with bringing a claim against us.
By agreeing to this Arbitration Agreement, you consent to having any claims, disputes, or controversies that arise out of or relate to these Terms, our website, your account, any products or services provided by us, any of our advertising or marketing, or the broader relationship between you and us, submitted to binding arbitration under the Federal Arbitration Act ("FAA"), 9 U.S.C. § 1 et seq., unless you reject this Arbitration Agreement. This arbitration agreement applies to claims based on contract, tort, intentional tort, consumer protection laws, equity, statutory claims, local ordinances, or any other legal theory. This includes claims concerning data breaches or privacy violations arising directly or indirectly from our sharing of your nonpublic personal information. The term "claim" is intended to cover as broad a range as possible, including initial claims, counterclaims, cross-claims, third-party claims, and claims brought in any federal, state, or local court, or administrative body, whether they arose before or after the effective date of this Arbitration Agreement. However, any disputes concerning the validity, scope, or enforceability of this Arbitration Agreement (or its parts) or the arbitrability of any specific claim shall be decided by a court rather than an arbitrator. Conversely, any disputes regarding the overall validity or enforceability of these Terms will be handled by the arbitrator. Small claims actions filed individually in small claims court are not subject to this Arbitration Agreement, as long as they remain in that court; if the case is transferred, removed, or appealed to another court, arbitration will then apply
If arbitration is selected, a sole arbitrator, who will either be a lawyer with at least a decade of experience or a retired judge, will oversee the claims and issue a binding written decision. You may choose either the American Arbitration Association ("AAA") or JAMS to administer the arbitration. If neither of these organizations is available, a court with proper jurisdiction will appoint the arbitrator or administrator. The appropriate procedural rules from AAA or JAMS will be followed, as determined by the arbitrator, and can be found at .adr.or www or www.jams adr.com. If there is any inconsistency between this Arbitration Agreement and the procedural rules of AAA or JAMS, this Arbitration Agreement will prevail. This Arbitration Agreement remains enforceable even if your access to our websites or your account is terminated, or if you file for bankruptcy
Each party involved in arbitration will be responsible for their own costs, including filing fees, unless you are eligible for a waiver under the applicable rules. However, we will pay any fees we are legally required to cover, or that are necessary for this Arbitration Agreement to remain valid. Both parties will cover their own legal fees and the costs associated with any expert witnesses, unless applicable law or the administrator\'s rules stipulate otherwise
The arbitrator has the authority to award any substantive relief that would otherwise be available in a court of law, including compensatory, statutory, and punitive damages (subject to the constitutional limits applicable to judicial cases), as well as declaratory, injunctive, or equitable relief. However, relief can only be awarded to the extent necessary to address the individual party\'s specific claims. Attorneys\' fees and costs may also be awarded where applicable. The arbitrator will apply all relevant statutes of limitations and privilege rules just as a court would. Arbitration hearings will take place within the federal judicial district where you reside unless both parties agree on another location.
If a dispute goes to arbitration, both parties agree to waive their right to a jury trial and also agree not to pursue representative actions, such as class actions or private attorney general suits, in either court or arbitration. This is known as the "class action waiver."
If needed to ensure enforceability, this Arbitration Agreement may be revised or severed. However, if the class action waiver is found unenforceable in any dispute between you and us, and this decision becomes final after all appeals are exhausted, the entire Arbitration Agreement (except for this specific sentence) will be rendered null and void in that particular case. Moreover, if a claim for public injunctive relief is brought and a court rules that the class action waiver or other parts of this Arbitration Agreement barring the arbitrator from granting relief on behalf of third parties are unenforceable, the claim for public injunctive relief will be resolved in court, while any individual claims for monetary relief will proceed through arbitration. In such instances, both parties will ask the court to stay the claim for public injunctive relief until the arbitrator has issued a decision on the individual claims.
The arbitrator\'s decision will be binding on both parties, subject to any FAA appeal rights, and can be entered as a judgment in any court with appropriate jurisdiction. No arbitration ruling in any dispute will have a preclusive effect on any claims involving individuals not part of that arbitration. Similarly, no previous arbitration involving other parties will be given preclusive effect in an arbitration involving the parties to this Arbitration Agreement.
Right to Reject the Arbitration Agreement
You have the right to reject this Arbitration Agreement. If you choose to do so, you must send a signed rejection notice to Kennedy Express LLC dba Omech Financial, 9800 S Roberts Rd, Suite 104, Palos Hills, IL 60465, Attn: Legal Department, within 30 calendar days from the first time you use our website. The rejection notice must include your name, address, email, telephone number, and a statement indicating your intent to reject the Arbitration Agreement found in the Terms and Conditions of Use. Rejecting this Arbitration Agreement will not impact any other part of these Terms, nor will it constitute a rejection of any other arbitration agreement between you and us.
Other Terms & Conditions
Except as stated in the Arbitration Agreement, these Terms will be governed by the laws of the United States and the State of Illinois, without applying any conflict of law principles. Sole and exclusive jurisdiction for any action or proceeding arising from or related to these Terms shall lie in a state or federal court located in Cook County, Illinois.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING FROM OR RELATING TO THESE TERMS MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, IT IS PERMANENTLY BARRED.
These Terms and our Privacy Policy constitute the full agreement between you and Kennedy Express LLC dba Omech Financial regarding our Sites and override any prior or contemporaneous understandings, whether written or verbal. No failure or delay by either party in exercising any right hereunder shall operate as a waiver of such right, nor shall any partial exercise of a right prevent further exercise of the same or any other right. In the case of a conflict between these Terms and specific product or service terms, the product or service terms will control.
Except as outlined in the Arbitration Agreement, if any part of these Terms changes due to applicable laws or a court order, the remaining parts of these Terms will not be affected and will be interpreted as if the invalid provisions were not included. Headings are included only to help organize these Terms.
Changes to These Terms
We reserve the right to amend these Terms periodically, including adjusting fees or changing the functionality of our Sites. If legally required, we will notify you of changes electronically. Such amendments will take effect as soon as they are posted on our Sites. By using our Sites after the changes become effective, you agree to the updated Terms. You should review these Terms periodically for changes. However, we will not change the Arbitration Agreement in a way that materially affects your rights without giving you the option to reject the amendment or the Arbitration Agreement in full.