BY ACCESSING THIS SITE ON A MOBILE DEVICE (A ‘DEVICE’) OR DOWNLOADING THE Operation Management Enterprise, Inc. (collectively referred to as the ‘OME’) MOBILE APPLICATION FOR SERVICES ON A DEVICE OR USING THE MOBILE SITE IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THESE MOBILE USER TERMS. If you do not agree to all of the Terms, you are not authorized to access or otherwise use this mobile application, software, or site (collectively referred to as the ‘Site’). OME  is providing you with access to the information and services on this Site under the following terms of use (the ‘Terms’). OME’s liability for this Site remains directly with you as an individual user.

ACCESS TO SITE. This Site is available only to users  that have been authorized by OME to access this Site and have a registered user ID and password (the ‘Credentials’). If you do not have any Credentials, you are not authorized to use or access this Site.

On this Site, you will be able to access information and documents relating to your payroll and human resource information made available by S.J. DISTRIBUTORS. You may be permitted to update certain personal information and to make certain elections through the Site, which is proprietary to OME  and its licensors. You acknowledge and agree that it is your sole responsibility to submit instructions and information relating to the services provided on the site and to verify the accuracy and completeness of all such instructions and information. OME does not review the accuracy or completeness of the instructions or information you submit.

REGISTRATION AND PASSWORD. You agree to take any and all actions necessary to maintain the privacy of your Credentials, including, without limitation, safeguarding your Credentials in a private and secure place, adopting special precautions when accessing the Site from a Device that is available for use by other users and exiting from the Site at the end of each session. In case you have reason to believe that a third party has, may have or may have had access to your account, you should choose a new password immediately and notify your administrator.

TOUCH ID & FACE ID. You may choose to enable log in using Touch ID or Face ID.  You may activate Touch ID or Face ID on the login screen.  Your User ID and password will be encrypted and stored in your device’s Keychain.  Fingerprints and face data are stored on your device only, OME  does not receive your fingerprint or face information.  When Touch ID enabled, anyone with a fingerprint stored on your device can access your account on the OME  mobile app; make sure that anybody who is allowed to store a fingerprint on your device is authorized to access your account.  For more information about how the manufacturer of the operating system of your Device (the “OS Manufacturer”) protects fingerprint, face and Keychain data, please refer to the OS Manufacturer’s Privacy Policy and security guides.

FEEDBACK. You may from time to time provide suggestions, comments or other feedback (‘Feedback’) to OME  with respect to the Site and/or related documentation. Both you and OME  agree that all Feedback is and shall be given entirely voluntarily. Feedback shall not, absent a separate written agreement, create any confidentiality obligation for OME  and OME  shall be free to use, disclose, reproduce, license or otherwise distribute, and exploit the Feedback provided to it as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

GEO-LOCATION FUNCTIONALITY. OME offers a GPS/geo-location feature which may be enabled or disabled by you. If the feature is enabled it determines if you are at a location approved by your Manager and are therefore able to enter a time entry action. In this case, the clock feature of the Software requires the use of your Device’s GPS/geo-location services. If you have enabled the GPS/geo-location feature, this feature will remain inoperative until you see the prompt screen ‘OME Mobile Would Like to Use Your Current Location’. At that point you may either allow or not allow OME to access your location. If you choose to allow it, the OME GPS/geo-location feature collects your longitude and latitude by determining your location provided by a GPS device built into your Device and geo-location services provided by the Device operating system. Such data is subsequently sent back to the time and attendance solution and then used for the purposes made known to you.

DATA PROTECTION. Any personally identifiable information/personal data about you that is provided by you or your Employer through the Site and is accessible by OME is subject to the provisions of the agreement(s) between your Employer and OME. Such personally identifiable information/personal data is also subject to the OME privacy statement, https://www.sjfood.com/privacy.aspx which is incorporated into these Terms.

CONSENT TO USE OF DATA & COOKIES. You agree that OME may collect and use technical data and related information, including but not limited to technical information about your Device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Site. OME may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you or the Employer. OME will install memory-based cookies to support user authentication and identification while using the Site, and to support technical monitoring of the Site. You have the ability to modify your browser to accept cookies or not, but if you reject cookies you may not be able to utilize the portions of the Site that require registration.

INTELLECTUAL PROPERTY AND TRADEMARKS. The software, information and brands available on or through this Site are the property of OME. OME’s and/or its licensors’ property are protected by copyright, trademark, and other intellectual property laws. You may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works, decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, or trade secrets available through the Site, and you may not otherwise use any information available on or through this Site for commercial or public purposes.

CHANGES TO SERVICES AND TERMS. OME reserves the right to change these Terms in its sole discretion at any time without notice to you. Any such changes to the Terms will become effective immediately upon being posted on the Site. The Site may be discontinued or modified, either temporarily or permanently, by OME at any time without notice to you. You agree that OME shall not be liable to you or to any third party for any suspension, discontinuance or modification of the Site.

UPDATES. By downloading the Software on your mobile telephone, tablet or other similar device, you expressly consent to future automatic installations of Software updates and upgrades that replace, modify and/or supplement the Software. The purpose of any such future updates and upgrades may include: to improve the Software, bring it up to date or otherwise enhance its features.

TRANSMISSIONS OF DATA. You acknowledge that confidentiality is not guaranteed on the network and every Internet user must take steps to protect themselves from a virus, worm or other harmful executable that may compromise data security.

DISCLAIMER OF WARRANTIES. OME PROVIDES THE SITE TO YOU ‘AS IS’ AND YOU USE THE SITE AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, OME DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE SITE IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF THE SITE IS IN COMPLIANCE WITH LAWS APPLICABLE TO YOU, OR THAT INFORMATION TRANSMITTED IN CONNECTION WITH THE SITE WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED.

GOVERNING LAW & JURISDICTION. Your use of this Site is governed by the agreement(s) between you and OME. Any dispute arising out of such use is subject to the law governing the agreement(s) at the State of California.

ACKNOWLEDGEMENT. You acknowledge that these Terms are entered into with S.J. DISTRIBUTORS only, and not with the OS Manufacturer. To the extent set forth herein, S.J. DISTRIBUTORS, and not the OS Manufacturer, is responsible for the Application and the content thereof. You acknowledge that the OS Manufacturer has no obligation whatsoever to furnish any maintenance or support with respect to the Application.

THIRD PARTY BENEFICIARY. You acknowledge and agree that the OS Manufacturer and its subsidiaries are third party beneficiaries to these Terms and that upon your acceptance of these Terms, the OS Manufacturer will have the right (and will deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

CONTACT INFORMATION. Any questions, complaints or claims with respect to the Site should be directed to: hr@omenow.com.

I acknowledge the Terms set out above and wish to enter OME’s Site.

Revised: March 1, 2021