In using the Sites, you are prohibited from any resale or commercial use of the Sites or any Content (as defined below); any collection and use of any product listings, descriptions, or prices; any derivative use of the Sites or any Content; or any use of data mining, robots, or similar data gathering and extraction tools. The Sites or any portion of the Sites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Omni. You may not frame, deep link, or utilize any similar techniques to enclose the Sites or any Content, Data, trademark, logo, or other intellectual property or proprietary information (including images, text, page layout, or form) of Omni or our business affiliates without the express written consent of Omni. You may not use any metatags or any other "hidden text" utilizing Omni's name or trademarks without the express written consent of Omni. You shall be solely liable for any damages resulting from any infringement of any intellectual property or proprietary right, or any other harm resulting from your unauthorized use of the Sites.
Unless otherwise specified, the Sites are for your personal and non-commercial use. You may display, and subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download, print and copy portions of the material from the different areas of the Sites solely for your own non-commercial use. No rights or licenses to the material or any portion thereof are granted, explicitly or impliedly, and you may not modify, reproduce, distribute, republish, display or transmit any Content without the prior written permission of Omni.
5. Accuracy, Completeness and Timeliness of Information
The information presented on or through the Sites is made available solely for general information purposes and convenience. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Omni disclaims all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of its contents. Omni offers and displays the products on the Sites as reasonable representations and availability of the color, configuration, design, texture, and/or look of its products. However, we cannot guarantee that your monitor's display of merchandise color or detail will be accurate. On occasion, the Sites may contain incomplete information, typographical errors, or inaccuracies as to description, pricing, sizing, fabrication, color, promotions, offers, product shipping charges, transit times or availability. Additionally, note that certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We reserve the right to correct errors, inaccuracies or omissions, and to change or update information at any time without prior notice (including after your order has been placed).
6. Products Availability and Prices
The features, content, specifications, products, services, and prices and availability of products and services described or depicted on the Sites are subject to change at any time without notice. Certain products or services may be available exclusively online through the Sites. Some products or services may have limited quantities and are subject to return or exchange only according to our Returns & Refunds policy. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to refuse any order you place with us. We reserve the right to limit the quantities of any products or services that we offer. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized dealers, resellers or distributors. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time. We undertake no obligation to update, amend or clarify information on the Sites, including without limitation, pricing information, except as required by law. Any offer for any product or service made on the Sites is void where prohibited.
7. Intellectual Property Rights
Unless otherwise noted, the Sites and all materials, including trademarks, images, illustrations, designs, buttons, icons, logos, photographs, digital downloads and written and other materials that appear as part of the Sites (collectively, the "Content") are intellectual property owned, controlled or licensed by Omni or its affiliates. You are prohibited from reproducing, reverse engineering, transmitting, disassembling, modifying or creating derivative works with respect to the Sites or any Content. Nothing on the Sites is to be construed as granting, by implication, estoppel or otherwise, any license or right to the use of intellectual property displayed on the Sites without the prior written permission of Omni. Any rights not expressly granted herein are reserved by Omni and/or its third party providers.
8. Digital Millennium Copyright Act
To notify Omni of a copyright infringement, contact Omni's Copyright Agent pursuant to the Digital Millennium Copyright Act ("DMCA"). Omni's designated Copyright Agent firstname.lastname@example.org to receive notification of claimed infringement is Copyright Agent, 1717 McKinney Ave Dallas, TX 75202, email@example.com. Please provide Omni's Copyright Agent with the following information in writing (see 17 U.S.C. 512(C)(3)):
· A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by the notification, a representative list of such works;
· A description of the material that is claimed to be infringing or to be the subject of infringing activity that you request to be removed and a description (such as the subdomain link) of the location on the Sites where the allegedly infringing content appears;
· Your contact information including name, address, telephone number, and, if available, an e-mail address;
· A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
· A statement, under the penalty of perjury, that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the copyright allegedly being infringed; and
· A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.
If, in response to necessary notice of an alleged copyright infringement, Omni removes your content and you believe that your content is not infringing, or you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in the content, you may send a counter-notice containing the following information to the Copyright Agent:
· A description of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
· A statement, submitted under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification; and
· Your name, address, telephone number, e-mail address, and a statement that you consent to the jurisdiction of the federal court in Dallas, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement; and
· Your physical or electronic signature.
If a counter-notice is received by the Copyright Agent, Omni may send a copy of the counter-notice to the original complaining party informing that person it may replace the removed content or cease disabling it in 10 business days unless the copyright owner files an action seeking a court order against the content provider.
9. Links to Other Websites and Services
For the purposes of this section, third-party websites or resources include links to Omni independent dealers (the "Dealers"), and Omni is not responsible for any of the actions, services, or omissions of the Dealers, including, but not limited to scheduling, quality of services, dealer inventory, dealer price, and any other issues that may result from your transaction with the Dealers.
10. Your Account
You agree to provide current, complete and accurate purchase and account information for all purchases made through the Sites. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a credit card or other content.
11. Comments, Feedback, and other Submissions
Omni welcomes your comments, feedback, and other submissions through the Sites. We do not, however, accept confidential or proprietary information.
You may not submit offensive, profane, inappropriate, obscene, defamatory, threatening, illegal, unlawful, scandalous, inflammatory, pornographic or otherwise objectionable content or information, or any other material that is invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages, or could rise to any civil or criminal liability under the law. Omni reserves the right to remove or edit user-generated content, from time to time, but Omni does not control or direct users' actions on the Sites and hence will not be responsible for user-generated content or information that may be available on the Sites.
12. Disclaimer; Limitation of Liability
THE SITES AND ALL CONTENT, INFORMATION, SERVICES, AND PRODUCTS OF THE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. OMNI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS, MISTAKES OR OMISSIONS IN THE CONTENT OR PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITES.
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITES, THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITES, AND THAT OMNI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITES. OMNI MAKES NO WARRANTY THAT (I) THE SITES WILL MEET YOUR REQUIREMENTS; (II) ACCESS TO THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES OR PURSUANT TO YOUR USE OF THE SITES WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS ON THE SITES WILL BE CORRECTED; OR (VI) THE SITES OR SERVICES ON WHICH THEY ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL OMNI OR ITS PARENT, SUBSIDIARIES, AFFILIATES, SUCCESSORS AND ASSIGNS, LICENSORS AND SERVICE PROVIDERS, OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITES AND/OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FROM LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF OMNI HAD BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, OMNI WILL NOT BE LIABLE FOR THE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITES OR FROM ANY CONTENT POSTED ON THE SITES BY OMNI OR ANYONE ELSE.
OMNI DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY USER-GENERATED CONTENT DISPLAYED, UPLOADED, POSTED ON ANY MESSAGE BOARD, OR OTHERWISE DISTRIBUTED THROUGH THE SITES AND WILL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM USER-GENERATED CONTENT. HOWEVER, NOTHING IN THIS SECTION WILL BE INTERPRETED TO AFFECT THE INDIVIDUAL PRODUCT WARRANTIES THAT ARE STANDARD FOR OMNI PRODUCTS.
CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 12.
SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 13.
14. Governing Law and Jurisdiction
IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE AS SET FORTH IN SECTION 19.
15. International Law
Omni makes no representation that materials in the Sites are appropriate or available for use in countries outside the USA and prohibits access from territories where the Content is illegal. Those who choose to access the Sites from locations outside the USA do so at their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials will be governed by the substantive laws of the State of Texas.
16. Electronic Communications
When you use the Sites, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on the Sites. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 17.
A. Informal Resolution:
Most disputes can be resolved without resort to litigation. You can reach our customer service department at firstname.lastname@example.org or (833)348-6664. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with our customer service department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the Claim and the requested relief. A Notice to Omni should be sent to: Omni Legal Department at email@example.com. After the Notice is received, you and we may attempt to resolve the Claim informally.
SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SUB-SECTION 18 (A).
B. Formal Resolution by Binding Arbitration:
(2) Additional Rules for Non-appearance Based Arbitration: If non-appearance arbitration applies, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
(3) Confidentiality: All aspects of the arbitration proceeding, including, but not limited to, the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This section shall not prevent a party from submitting to a court of law any information necessary to enforce this agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(4) Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to infringement, misappropriation, theft, piracy, or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also bring an individual action in a small claims court for disputes or claims within the scope of that court's jurisdiction.
These Terms govern to the extent they conflict with the ADR Provider’s rules, including, but not limited to, the AAA’s Consumer Arbitration Rules.
C. Time to Bring Your Claim:
SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SUB-SECTION 18(C).
19. Exclusions and Limitation; Consumer Protection Notice
20. Contact Information
Last modified on June 7, 2018.