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Terms of Use

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to OmniToYou.com. We appreciate that you have decided to visit our website and will consider purchasing products from us. We would like you to know that by using this site, you agree to these Terms and Conditions of Use, including our Privacy Policy, and you agree to comply with all applicable U.S. laws and regulations. You also agree not to in any way alter or tamper with the software on or the operations of OmniToYou.com or in any way compromise the security of this website.

If you do not agree, or cannot agree to these terms please do not use this site. OmniToYou.com reserves the right, at any time, to modify or alter these Terms and Conditions of Use.

Copyright Notice

OmniToYou.com has gone to considerable expense and effort to design this website.

Permission is granted for you to electronically copy and to print hard copy portions of this site to the extent that you require to place an order with us. Otherwise, you may not copy, display, distribute, download, modify, post, transfer, or transmit this website or its contents, including images, designs, icons and photographs, without the prior written permission of OmniToYou.com. All materials contained herein are the copyright of and owned exclusively by OmniToYou.com. ALL RIGHTS RESERVED.

Modification of the contents or use of the contents for any other purpose, except as permitted herein, is a violation of OmniToYou.com's copyright and other proprietary rights.

Usage by Children Under 13

This website is directed to adults and is not directed to children under the age of 13. OmniToYou.com will not knowingly collect personal information from anyone under the age of 13.

Acceptance of Orders

OmniToYou.com reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. The receipt of an e-mail, confirming the receipt of an order does not constitute the acceptance of the order nor does it constitute an offer to sell. OmniToYou.com reserves the right to limit purchase quantities.

Pricing and availability is subject to change without prior notification.

Indemnification

You agree to indemnify, defend and hold harmless OmniToYou.com, its officers, directors, employees, agents, successors and assigns from any liability, loss, claim and expense, including reasonable attorneys fees, related to your violation or alleged violation of this Agreement or use of this website.

WARRANTY DISCLAIMER

OMNITOYOU.COM HAS MADE EVERY EFFORT TO ACCURATELY REPRESENT MATERIAL ON ITS WEBSITE. ALL INFORMATION, CONTENT AND PRODUCTS PRESENTED ON THIS SITE ARE PROVIDED 'AS IS' AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED.

OMNITOYOU.COM AND ITS AGENTS AND CONTRACTORS, SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS WEBSITE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. IN ADDITION, OMNITOYOU.COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION CONTAINED IN THIS SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT THE WEBSITE OR SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (NOT OMNITOYOU.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY


IN NO EVENT SHALL OMNITOYOU.COM OR IT AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF OMNITOYOU.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OMNITOYOU.COM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.

Other

These terms shall be governed by and construed with the laws of the State of Georgia. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Chatham County, Georgia and you hereby consent and submit to the personal jurisdiction of such county and state for purposes of litigating any such action. If any provision of these terms shall be found void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to the website and these Terms of Service must be within one (1) year of the date the cause of action arose, or be barred as untimely. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as provided herein or in writing, signed by OmniToYou.com. To the extent that anything in or associated with this website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. OmniToYou.com's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.