*NEW* 📦 UNLIMITED FLAT RATE SHIPPING! (U.S. ONLY)

FIND IT        ◇ VIP ACCESS | SIGN IN 🔑  or   BECOME A VIP ◇         *NEW* 📦 UNLIMITED FLAT RATE SHIPPING ON ALL ITEMS | (U.S. ONLY)         ◇ SET THE TREND. #OMEBM



CONDITIONS OF SALE: OMEBM® U.S. STORES, ONLINE, CUSTOMER SERVICE




CONDITIONS OF SALE | OMEBM® U.S. STORES, ONLINE, EVENTS, AND CUSTOMER SERVICE CENTER


 

GENERAL

PURCHASING ELIGIBILITY

PRODUCT AVAILABILITY; QUANTITY

ACCOUNT REGISTRATION; PERSONAL INFORMATION; GUEST CHECKOUT

PURCHASES

PRICES, TAX AND DELIVERY COSTS

REVIEW AND CONFIRMATION

METHOD OF PAYMENT

ACKNOWLEDGMENT OF PURCHASE

CONFIRMATION OF PURCHASE

COMPLIMENTARY SERVICES

DELIVERY POLICY

RETURN POLICY

GIFTS

ACCURACY OF PRICING, PRODUCT DESCRIPTIONS

ENTIRE AGREEMENT

NO WAIVER

GOVERNING LAW; ARBITRATION OF CLAIMS

 

 

 

This Website (« Web Site ») is owned and edited by OMEBM, OMEBM LLC, ("OMEBM" “OMEBM LLC” one in the same, or referred to hereinafter as "us", "our", "we" or "the company"), a business existing under the laws of the State of Virginia and State of Utah, having its executive offices and principal place of business in the United States of America. These terms relate to and govern your use of all current and future online and mobile websites, platforms, services, applications, and any affiliated sites and associated applications owned or managed by OMEBM LLC. Along with your accessing of any site, application, physical facility owned/operated/managed by or affiliated with the company, and/or partner companies, brands, 3rd party manufacturers, contractors (whether by ownership, creation, or acquisition, past present or future), contact to the company by phone, visit to any of our stores, offices, managed spaces, attendance at any event hosted by the company, or engagement with any officer, employee, or representative of the company. We take the protection of our brands and directly owned/affiliated companies, and/or partner companies, brands, 3rd party manufacturers, contractors seriously; along with our commitments to our valued customers and have established the following CONDITIONS OF SALE in accordance with the brand promise to deliver a consistent experience for our valued customers and for the protection of our company as a whole. We strongly advise any person (or entity) who engages/interacts/makes purchases or service requests/ or otherwise with our company to exercise due diligence and review the following terms carefully, with the understanding that you as a user are solely responsible for your actions and use of this site. If you access any section of this site, request or use any type of correspondence, service, product or participation from us, and/or partner companies, brands, 3rd party manufacturers, contractors (or access any section of a site, request or use any type of correspondence, service, product or participation from any site or company owned or managed by OMEBM LLC) and/or partner companies, brands, 3rd party manufacturers, contractors, you affirm your acknowledgement of these terms and conditions and affirm your positive consent to all of our terms and conditions, along with the terms and conditions outlined in our TERMS OF USE | LEGAL, PRIVACY POLICY, CONDITIONS OF SALE, AND RETURN POLICY. If you do not agree to any term or condition (in whole, or single, or in part); you are advised to immediately discontinue use/access of any site/product/service/engagement etc. owned, managed, provided by, or sold to you by the company. Any claim or dispute between you and us is required to be resolved by individual binding arbitration; without exception to our policies. We advise you to carefully review the arbitration provision located in the document TERMS OF USE | LEGAL. The provision will affect your rights under this contract.

 

1. GENERAL

 

 

The following terms and conditions and any other related rules that are adopted by OMEBM® and made available as provided herein (collectively the “Conditions of Sale”) shall apply to all sales of OMEBM® products that you (the “Customer”, "Customer", or “you”) may purchase from OMEBM® North America and/or partner companies, brands, 3rd party manufacturers, contractors etc. (“OMEBM®” or referred to herein as “us”, “our”, “we” or "the company") either (a) by phone, via the Customer Service center of OMEBM® (the “Customer Service Center”, "Customer Service Contact Center", VIP Customer Portal, VIP Customer Service, VIP Service Portal) or (b) on the Internet via OMEBM®’s Website, identified by the domain name “www.omebm.com” (the “Website”).

 

These Conditions of Sale apply to sales made through any OMEBM® Store, Customer Service Center, or the Website.

 

The Conditions of Sale applicable to any purchase placed in store or through the Customer Service Center or the Website are those in force at the time that a purchase has been placed on your behalf by a OMEBM® Customer Service Representative (in the case of a purchase placed through the Customer Service Center) or at the time you place your purchase (in the case of a purchase placed through the Website). In the case of a purchase placed through the Website, when you click the “Complete My Purchase” or “Purchase” or “Checkout” or “Complete My Checkout” or “Secure Checkout” or “Complete My Secure Checkout” buttons at the purchase confirmation section of the Website before placing your purchase with OMEBM®, you indicate your acceptance of these Conditions of Sale. If you refuse to accept these Conditions of Sale, you will not be able to purchase any OMEBM® products from the Website or the Customer Service Contact Center. Completing a purchase with OMEBM affirms your acceptance of the Conditions of Sale and Terms of Use Legal. It is your sole responsibility to read the contents of this document prior to executing a purchase request.

 

OMEBM® may modify the Conditions of Sale at any time for any reason and without any notice, at our sole discretion. If you are placing a purchase through the Website, then by clicking the proceeding in the purchase process and placing your purchase, you will be indicating your agreement to be bound by both the Conditions of Sale and Terms of Use Legal, and Privacy Policy as so modified through such time.

 

Persons wishing to use the Customer Service Center or the Website will also be deemed, by virtue of such use, to have agreed to be bound by our Website Terms of Use | Legal, and Privacy Policy, which are incorporated to these Conditions of Sale by reference. Customers using the Customer Service Center will be provided with access to our Privacy Policy as set forth in the footer links at the bottom of this page below.

 

2. PURCHASING ELIGIBILITY

 

Only individuals (and not legal entities) who (a) have reached the age of majority (eighteen in most states), (b) have legal capacity to enter into contracts and (c) are citizens of or residents living in the continental United States of America, Alaska, Hawaii, the District of Columbia, or select International countries may purchase products in our Retail Stores, at hosted Company events, through the Customer Service Contact Center or on the Website. OMEBM reserves the right to decline purchase request at any time, for any reason.

 

 

By placing a purchase in our Retail Stores, at hosted Company events, through the Customer Service Center or on the Website, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute OMEBM® products, or products made by 3rd party companies, partner companies, brands, 3rd party manufacturers, contractors or purchase OMEBM® products or products made by 3rd party companies, partner companies, brands, 3rd party manufacturers, for commercial purposes or any other commercial benefit. If OMEBM® believes, in its sole discretion, that a purchase would violate the terms of the preceding sentence or that customer is engaging in fraudulent or grey market activities, then OMEBM® may refuse such purchase.

 

3. PRODUCT AVAILABILITY; QUANTITY

 

All purchases placed in our Retail Stores, at hosted Company events, through the Customer Service Contact Center or on the Website are subject to availability and acceptance by OMEBM®, affiliated 3rd party companies, and/or partner companies, brands, 3rd party manufacturers, contractors etc.

 

OMEBM® and/or partner companies, brands, 3rd party manufacturers, contractors reserves the right to change the assortment of items proposed in our Retail Stores, at hosted Company events, on the Website or through the Customer Service Contact Center and may limit from time to time the quantity of products that may be purchased or returned by any customer in any single transaction or duplicate transaction sessions. Currently, excessive purchase limits are capped at 10 units of any single product sku during any purchasing session on the Website. OMEBM® (affiliated 3rd party companies, and/or partner companies, brands, 3rd party manufacturers, contractors etc.) may by sole discretion choose to process or deny any purchase request (in full or partial), that meets or exceeds excessive purchase limits. OMEBM® reserves the right to change the status of the preceding sentence at any time without notice.

 

Our Retail Stores, liaisons at hosted Company events, the Customer Service Contact Center and the product pages of the Website can provide you with information regarding products that are currently available for sale through those channels. Please note that only those items displaying a “place in shopping bag” (or similar reference) button are available for sale through the Website. OMEBM® and/or partner companies, brands, 3rd party manufacturers, contractors, reserve the right to change from time to time the assortment of items offered for purchase. You may also contact the Customer Service Contact Center by registering and signing into the VIP Customer Portal; and an OMEBM® Customer Service Representative will provide you with further information as to product availability and assist you with your purchase. Assistance from Customer Service is also available to anyone in our Retail Stores or at hosted Company events. Please consult a company liaison in person for further guidance.

 

4. ACCOUNT REGISTRATION; PERSONAL INFORMATION; GUEST CHECKOUT

 

In order to place a purchase in our Retail Stores, at hosted Company events, through the Customer Service Contact Center or on the Website, you or the OMEBM® Customer Service Representative (on your behalf) may either register and create an online account on the Website, or place a purchase as a guest without creating an online account by selecting the "Guest Checkout" option that is only available on the Website. In order to register an online account, you will be required to provide valid and up-to-date personal information, such as your legal name, phone number and e-mail address, and to confirm that you have reached the age of majority. Account registration may or may not be required in order to provide you with products or services; and shall be determined by the company at the time of your request for products or services from the company, and/or partner companies, brands, 3rd party manufacturers, contractors.

 

Upon completion of your account registration in our Retail Stores, at hosted Company events, on the Website or by the OMEBM® Customer Service Representative, you may receive by email a one-time password or an account invitation, which will allow you to log in to your account on the Website and create a permanent account login and password. You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. OMEBM®, it’s affiliated companies and/or partner companies, brands, 3rd party manufacturers, and contractors will not be held responsible or liable for any misuse of your account resulting from a third party’s access to and use of your password and account login.

 

When you engage with the company, register for any service/program, request any type of correspondence, purchase any products, or participate at any event hosted by the company, you consent to receiving service messages relating to your engagement with us, such as payment confirmations, account verification and transaction based notices. Where applicable, you also consent to receiving other communications from us such as emails, text messages, newsletter mailings (also known as “The List”), luxe offers, announcements and surveys, which you may opt out of by clicking on the “unsubscribe” links contained within the engagement item/platform or by contacting Customer Service directly to request a discontinuation of the aforementioned communications from the company to you.

 

OMEBM®, its parent company and directly affiliated companies, and/or partner companies, brands, 3rd party manufacturers, and contractors are continuously evolving businesses and as such, we collectively share your information within our directly owned, managed, affiliated internal companies, and/or partner companies, brands, 3rd party manufacturers, contractors. We provide notice to you that as we develop, and grow our companies, at any time present or future, we might purchase or sell off businesses or their assets, or engage in transfers, acquisitions, mergers, restructurings, changes of control, or other transactions. In such transactions, customer information generally is one of the transferred business assets and your information may be subject to such a transfer. You agree to and do hereby consent to any such transfer. Also, in the unlikely event of a bankruptcy, your information may be transferred to a bankruptcy trustee or debtor in possession and then to a subsequent purchaser.

 

We may change the information required to place a purchase or the registration requirements from time to time. Any information required will be reflected on the form requesting the information. OMEBM®, and/or partner companies, brands, 3rd party manufacturers, contractors reserve the right to make these changes without advance notice. Please refer to our Privacy Policy, Terms of Use | Legal and clauses outlined in these Conditions of Sale for more details about how we may use your personal information. If you decline to register in our Retail Stores, at hosted Company events, through the Customer Service Contact Center, or if you select the “Guest Checkout” option on the Website, your online account will not be created and we will not use your personal information for any purpose other than in connection with processing your purchase.

 

Should any of the information you provide to the company in our Retail Stores, at hosted Company events, to Customer Service Contact Center, or on the Website change, please login to your account and update such information directly on the Website; inform an in store liaison, or contact the Customer Service Contact Center online as set out in our Privacy Policy. Moreover, in the event that OMEBM® reasonably suspects that a third party has breached a Customer's registration, password and/or account login, OMEBM® shall immediately cancel and terminate such account, and notify you by email.

 

 

5. PURCHASES

 

If you are purchasing on the Website, purchases will be processed as follows: Once you have chosen a product, click on the “Place in shopping bag” (or similar button type) button to place this product in your shopping bag. You may then decide to continue shopping for other products and place them in your shopping bag (subject to availability and quantity limits) or proceed to a Secure Checkout by clicking on the applicable button. You may also remove one or several products you have selected by clicking on "Remove Item From My Bag" beneath the chosen product in the Shopping Bag. When you have completely reviewed your purchase, click any button labeled in whole or in part with the word “Checkout” to indicate your agreement to be bound by these Conditions of Sale and Terms of Use | Legal. After entering your information to facilitate the purchase, please click on the "Complete My Purchase" (or similar button type) button on the Website to place your purchase request. Please remember that per the Return Policy: all items sold by OMEBM or our affiliates are final sale; without recourse, thus ineligible for a refund nor exchange unless a customer receives an item type that is 100% different from the item type purchased. Purchase requests cannot be canceled after you submit your request and no exceptions will be granted for any circumstances.

 

When purchasing through the Customer Service Contact Center, an OMEBM® Customer Service Representative may (at the discretion of the company) follow the purchase process on your behalf. Invoicing is available to complete payment for these purchases prior to processing for delivery.

 

When purchasing in our Retail Stores or at hosted Company events, an in person liaison will take the items or services requested by you and facilitate your account registration, as well as facilitate processing of your method of payment.

 

When placing a purchase in our Retail Stores, at hosted Company events, through the Customer Service Contact Center, or on the Website, you will be required to provide other personal information as applicable, such as delivery address, billing address and payment details. You warrant that all personal information given to OMEBM® is true and correct to the best of your knowledge. OMEBM®, it’s affiliated companies, and/or partner companies, brands, 3rd party manufacturers, contractors or its third party providers may collect additional information at this time for security and anti-fraud purposes.

 

Notwithstanding anything to the contrary provided for herein, OMEBM®, and/or partner companies, brands, 3rd party manufacturers, contractors reserve the right to refuse, cancel and terminate purchases for any reason at any moment in time. For example, OMEBM®, and/or partner companies, brands, 3rd party manufacturers, contractors may refuse, terminate or cancel your purchase if there is an ongoing dispute concerning payment of a prior purchase, or if OMEBM®, and/or partner companies, brands, 3rd party manufacturers, contractors suspects, in its sole discretion, that you (or your entity) have engaged in fraudulent or grey market activities or have otherwise violated our Conditions of Sale, Terms of Use Legal or Privacy Policy. By engaging with our company through any channel (regardless of digital or physically in person), you affirm your understanding and agreement that OMEBM®, and/or partner companies, brands, 3rd party manufacturers, contractors are not required to provide you with the reason for denial of your purchase.

 

6. PRICES, TAX AND DELIVERY COSTS

 

All prices shown in our Retail Stores, at hosted Company events, on the product pages of the Website or quoted by the Customer Service Contact Center are in U.S. Dollars.

 

OMEBM® reserves the right to modify prices and delivery costs at any time without prior notice. The price of any products, services, and delivery costs physically displayed in our Retail Stores, at hosted Company events, displayed on the Website or quoted by the Customer Service Contact Center (using official scripted language), at the time OMEBM®, and/or partner companies, brands, 3rd party manufacturers, contractors provides you with a Confirmation of purchase, will be honored by OMEBM®. Prior to completing a purchase or service request with our company, and/or partner companies, brands, 3rd party manufacturers, contractors, you affirm your understanding that the price of items or services may change at any time prior to you providing the company with payment; and you agree to our terms and conditions as outlined in this document, Terms of Use | Legal, and any other applicable policy documents for the company.

 

Actual delivery costs and applicable taxes will be reflected in our Retail Stores, at hosted Company events, on your purchase page before you are asked to confirm and place your purchase (in the case of a Website purchase), or will be quoted by the Customer Service Contact Center (in the case of a telephone or in store purchase), and will also appear on your Confirmation of Purchase and invoice (if you choose to receive an invoice). Delivery costs, if any, are described in the delivery policy set forth below. Sales and use taxes will vary based on the location to which products are being shipped. Delivery costs and sales and use taxes are not stated on the product pages but will be added to the product price after you have chosen your delivery options.

 

The actual sales tax associated with your purchase will be calculated at the time when you complete a purchase or service request with our company, and/or partner companies, brands, 3rd party manufacturers, contractors. When you complete a transaction request with the company, you will receive a Confirmation of Purchase or Digital Receipt. Please note that changes to applicable law between the date your purchase is placed and the date you are sent a Confirmation of Purchase may result in changes to the sales tax associated with your purchase. If the resulting change is an increase in the sales tax you are charged, we will not contact you or ask that you reconfirm your purchase. By completing a transaction request, you affirm your understanding that sales tax laws are subject to change at any time and you agree to be charged any applicable sales tax (including an increase in applicable sales tax) for your purchase or service request from the company.

 

6.1. SALES TAX

 

Sales tax will be charged for all purchases in all of our Retail Stores, at all hosted Company events, and for purchases shipped to the following states: Virginia, Utah, Texas, and Louisiana

 

 

7. REVIEW AND CONFIRMATION

 

You are solely responsible for your purchase requests and are strongly advised to carefully check all details before placing your purchase in our Retail Stores, at hosted Company events, through the Customer Service Contact Center, or on the Website, including without limitation the particulars of each sale, which will be provided by the OMEBM® liaison in our Retail Stores, at hosted Company events, or Customer Service Representative (in the case of a purchase being placed through the Customer Service Contact Center) or the Website (in the case of a purchase being placed through the Website).

 

 

8. METHOD OF PAYMENT

 

OMEBM® accepts the following credit/debit cards: Visa, MasterCard, American Express, and Discover. All credit/debit cards, whether issued by banks domiciled inside the United States of America or outside the United States of America may be subject to additional security verification or denial of transaction. You agree that in any event, the company, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. is not require to provide you with the reasons for our denial of transaction.

 

OMEBM® accepts cash (in USD currency only) in our Retail Stores, and at hosted Company events. We do not accept cash payments through the Customer Service Contact Center, or for purchases made through our Website.

 

OMEBM® accepts digital payment methods at our discretion, and periodically makes this privilege available for transactions completed in our Retail Stores, at hosted Company events, or on the Website. We do not accept digital payment methods at all times. Additionally we reserve the right to offer this option to select Customers at our discretion. This method of payment may not be provided in all locations or via all channels during the time that the company provides this privilege.

 

By completing any transaction with our company, affiliated companies, and/or partner companies, brands, 3rd party manufacturers, contractors, you agree that our conditions of sale and Terms of Use | Legal supersede any rights or conditions available to you from any financial institution, payment facilitator, 3rd party company, or method of payment (regardless of card issuer or digital payment method) used to complete the transaction. You waive any and all rights (without exception) to dispute any transaction (including charge backs) unless your dispute is completed as outlined in the arbitration clause as provided in our terms of use | legal.

 

When purchasing on the Website, you will need to enter your payment details on the appropriate form. If you purchase by telephone, you will need to communicate to the Customer Service Contact Center your credit card number and your three- or four- digit security code that is printed on the back or the front of your card (CVV2/CVC2/CID) (or information for any security method in place by the issuer of your method of payment). Your telephone conversation may be recorded for security and quality control purposes. Any telephone conversation recorded by our Customer Service Contact Center that contains your credit card information (or method of payment information) will be fully encrypted and only used to process your transaction request.

 

All credit/debit card holders, and users of digital payment methods are subject to validation checks and authorization by the card issuer. Regardless of whether or not our company is agreeable to allowing the transaction, if the issuer of your payment card, digital payment method, or other payment method refuses to authorize payment to OMEBM®, you will need to contact the issuer of your payment method directly to solve this problem. OMEBM® will not be liable for a denial of transaction in our Retail Stores, at hosted Company events, through the Customer Service Contact Center, or on the Website, nor any delay or non-delivery.

 

When purchasing, in order to process your transaction, we may perform a pre-authorization of your credit card, digital payment method, or other method of payment. The amount of your purchase may be temporarily held/blocked on your method of payment until we retain full payment (in the case of a delay from your card issuer) after a purchase in our Retail Stores, at hosted Company events, through the Customer Service Contact Center, or on the Website. In any event, by completing a transaction request with the company, you will be sent a Confirmation of Purchase or Digital Receipt, and your method of payment will be charged the applicable purchase price plus any applicable taxes or fees. By submitting an request to purchase products or services in our Retail Stores, at hosted Company events, through the Customer Service Contact Center, or on the Website, you expressly authorize OMEBM®, affiliated companies, and/or partner companies, brands, 3rd party manufacturers, contractors to perform such credit card pre-authorization and, where OMEBM® deems necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number, or other method of payment identifier (including but not limited to: tokens, digital tokens, unique payment strings etc), to authenticate your identity, to validate your method of payment, to obtain an initial payment authorization and to authorize individual purchase transactions.

 

OMEBM®, affiliated companies and/or partner companies, brands, 3rd party manufacturers, contractors takes precautions in our Retail Stores, at hosted Company events, through the Customer Service Contact Center, and on the Website — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. In addition to using a payment process that is certified Level 1 PCI DSS compliant, OMEBM® uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected throughout the website. Unfortunately, transmitting information over the Internet or on any channel whether online or in person is not completely secure. Although we will do our best to protect your personal Information, we cannot guarantee the security of the data you transmit or provide to the company; any transmission or offering of information is at your own risk and we cannot be held liable. For more information about how we use and protect your information please view our Privacy Policy and Terms of Use | Legal.

 

In order to secure your transaction and prevent fraud, OMEBM®, affiliated companies, and/or partner companies, brands, 3rd party manufacturers, contractors will perform a method of payment verification and anti-fraud check. By placing your transaction request, you will be deemed to have authorized OMEBM®, affiliated companies, and/or partner companies, brands, 3rd party manufacturers, contractors to perform such checks and, where OMEBM®, affiliated companies, and/or partner companies, brands, 3rd party manufacturers, contractors deem necessary, from time to time to transmit or provide to 3rd parties, any information that you have provided to OMEBM® about you in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize a particular transaction request.

 

9. ACKNOWLEDGMENT OF PURCHASE

 

Once you have placed your purchase through the Customer Service Contact Center or on the Website, you may receive an Acknowledgment/Confirmation of Purchase/Digital Receipt by fax or email acknowledging the details of your purchase. This purchase request receipt will contain a purchase Reference Number assigned by OMEBM®. Please make sure that you save this purchase Reference Number for any future inquiries regarding your purchase.

Any acknowledgment of purchase by OMEBM, affiliated companies, and/or partner companies, brands, 3rd party manufacturers, contractors is not a final acceptance of your purchase. Following the transmission of the acknowledgment of purchase, OMEBM®, affiliated companies, and/or partner companies, brands, 3rd party manufacturers, contractors will conduct usual security and anti-fraud checks and then process your purchase for delivery.

 

 

When purchasing by telephone through the Customer Service Contact Center, you will also receive by fax or email these Conditions of Sale along with the Acknowledgment of Purchase. Please carefully review these Conditions of Sale upon receipt.

 

10. CONFIRMATION OF PURCHASE

 

Prior to delivery of your purchase, following completion by OMEBM® of its anti-fraud and security checks, OMEBM® may send you by email or by fax a written Confirmation of Purchase. The Confirmation of Purchase constitutes the acceptance of your purchase by OMEBM® and indicates the existence of a binding sales contract.

 

11. COMPLIMENTARY SERVICES

 

At this time, no complimentary services are being offered by the company.

 

12. DELIVERY POLICY

 

We only accept purchases for delivery to addresses in the continental United States, Alaska, Hawaii, District of Columbia and *select International Countries. OMEBM® does not offer broad international delivery at this time. Exceptions may granted on a case by case basis at the sole discretion of the company. Any individual requesting an international purchasing and delivery exception affirms their agreement to the terms outlined in this document. Please note that OMEBM® does not ship to PO boxes, APO/FPO addresses or hotels. OMEBM® does not currently provide services, nor products to the State of California. Additionally, OMEBM® cannot ship to US territories including American Samoa, Baker Island, Federated States of Micronesia, Guam, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Commonwealth of the Northern Mariana Islands, Midway Islands, Navassa Island, Palmyra Atoll, Puerto Rico, U.S. Virgin Islands, and Wake Island. Any order falling under the exclusion policy will be rejected and payment voided/canceled.

 

Processing and Delivery charges will be assessed by OMEBM® and will be added to the total price of your purchase. The processing and delivery fee covers the costs associated with getting your order processed, negotiating the "best price" for your purchase request, and cost of delivering your items either domestically or internationally. OMEBM charges a flat rate on domestic purchases and AK/HI/ international rates that varies based on the receiving area.Processing and Delivery charges may change at any time, with or without advance notice. You acknowledge that the fee is compromised of multiple factors and agree to pay the fee in accordance with the Conditions of Sale, Terms of Use | Legal.

 

When estimating package delivery time, please allow time for credit approval, address verification and purchase processing.

 

We will use reasonable efforts to ensure the following estimated delivery lead times from the date of your purchase:



If your purchase contains multiple items, please note that some items from your purchase may ship separately. If this occurs, you will not be charged any additional costs for delivery. The items in your purchase may be fulfilled from different locations to ensure your purchase request is processed in a timely fashion. Most purchases will take the full 2 to 4 weeks (U.S.), 4 to 6 weeks (International), for processing, clearance, and final delivery to your home. If you are a customer receiving FREE items, or if you have a purchase total equal to $0.00 before shipping fees, then processing and delivery of the FREE items in your purchase may take 6 to 10 weeks. Full priced items will be processed and delivered according to standard guidelines. Domestic and International customers are responsible for any and all applicable import/customs/vat/local tax fees that may be incurred upon receipt of your package. Per the Conditions of Sale & Terms of Use | Legal, OMEBM is not responsible for any of these fees and will not refund any purchase requests that fail delivery due to a customer rejecting the delivery or the customer not paying the import/customs/vat/local tax fees of their jurisdiction. Please note that tracking may or may not be available for some or all of the items in your purchase request. Please allow for the designated delivery time frame to be executed prior to submitting an inquiry. Research inquiries for full priced items are only accepted by Customer Service after 30 business days have passed from the date of purchase.

DELIVERY REGION

 

DELIVERY PROVIDERS USED TO FACILITATE DELIVERY

ESTIMATED DELIVERY TIME

ORDER PROCESSING & DELIVERY CHARGE

Domestic USA

VARIES

2 to 4 Weeks

(Full Priced Items Only)

$ VARIES

AK/HI/International

VARIES

4 to 6 Weeks

(Full Priced Items Only)

$ VARIES

 

*AK/HI/INTERNATIONAL DELIVERY RATES DISPLAYED AT CHECKOUT

*EXPEDITED PROCESSING

- OMEBM® does not offer any expedited processing options at this time.

*Saturday and Sunday will not be considered as regular business days with respect to estimated delivery lead times.

*Please note that in exceptional cases, all deliveries may/can be delayed due to restrictions from postal carriers, local governments, or customs officials. OMEBM® is not responsible for such delays and you agree that the company is not responsible for refunding any processing nor delivery charges.

 

OMEBM®, and/or partner companies, brands, 3rd party manufacturers, contractors may choose to insure any purchase during the time it is in transit until it is delivered to you. We reserve the right to require a signature by an adult to confirm your acceptance of each OMEBM® product delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you understand and accept that evidence of a signature by such recipient (or at that delivery address) is evidence of delivery and fulfillment of the sale contract by OMEBM®, and/or partner companies, brands, 3rd party manufacturers, contractors and transfer of responsibility to the recipient in the same way as if the product had been delivered to you.

 

*Please note that OMEBM® will not cover any return costs (postage, insurance, misc. delivery charges). Any costs involved in returning products to OMEBM® are nonrefundable. Without regard for number of items returned, for any portion of a purchase that is returned, you affirm consent to the handling and processing fee structure (as outlined in the return policy) to be deducted from the amount to be returned to you. Please note that a return authorization must be obtained from OMEBM® (via the VIP Customer portal) prior to returning any products back to the company. Our Return Policy as explained on the Product Details Page during the time of your product selection and also agreed upon in the Conditions of Sale when you submitted your Purchase Request and completed payment: Due to the immense value provided to customers by offering an exceptional product selection at great prices; all items sold by OMEBM or our affiliates are final sale; without recourse, thus ineligible for a refund nor exchange unless a customer receives an item type that is 100% different from the item type purchased. Returns are easy for item types that are shipped out in error. (Example: Purchased item = Backpack. Received item = Shoes). Due to ever changing warehouse inventories, we or our partners reserve the right to substitute any out of stock color variant or size variant with any available color variant or size variant of our choosing. Refunds will not be issued for substituted variants. For customers who received a 100% incorrect item type; we will investigate your claim with care and detail. If you received a 100% incorrect item type, we will work to make sure that you are 100% satisfied with our resolution options. Please also note that personalized products available for sale or specialized Customer requests (custom sizing, creation, and special order items) are not eligible to be returned for any reason. Products that identify with the aforementioned categories have a special notice on the product page indicating so.

PURCHASE PRICE

 

If your total purchase was between

RETURN PROCESSING FEE

RETURN PERIOD

0.00 to $39.00

$8.95

60 days

$40.00 to $80.00

$12.95

60 days

$81.00 to $150.00

$14.95

60 days

$150.00 to $499.00

$24.95

60 days

$500.00 & above

$28.95

60 days

 

*IF FOR ANY REASON – OMEBM®, and/or partner companies, brands, 3rd party manufacturers, contractors (at our discretion) facilitates an international purchase request, the individual confirms consent to enter into a legally binding contract that affirms their agreement to hold the company harmless and release the right to any claims against OMEBM®, its parent company, and direct affiliated companies, and/or partner companies, brands, 3rd party manufacturers, contractors with regard to any sections outlined in the General Data Protection Regulation (GDPR) under the regulations of the European Union. By completing a purchase request for an International Transaction, you affirm your consent to all of our policies outlined in the Conditions of Sale, Privacy Policy, Return Policy, and Terms of Use | Legal. The completion of a purchase request by OMEBM, affiliated companies, and/or partner companies, brands, 3rd party manufacturers, contractors for any client residing outside the United State of America voids any claims (civil, legal, etc.) against OMEBM®, its parent company, and direct affiliated companies, past, present or in the future.

REGARDING DUTY, DUTIES CHARGES, CUSTOMS TAXES AND TAXES RELATED TO ORDERING/IMPORTING PRODUCTS THAT MAY LIKELY/WILL BE/HAS THE POSSIBILITY OF (PENDING ON THE WAREHOUSE LOCATION) COMING FROM A COUNTRY OUTSIDE OF YOUR OWN. With purchase delivery to destinations both DOMESTIC AND INTERNATIONAL: Duties and customs taxes, if imposed on your purchase, are due at time of delivery. (Duties charges and customs taxes charges are not calculated during checkout and are not collected by OMEBM®, and/or partner companies, brands, 3rd party manufacturers, contractors). You as a customer are solely responsible for any import fees, duties and/or taxes that are incurred on deliveries received from OMEBM®, and/or partner companies, brands, 3rd party manufacturers, contractors. Refusal of any delivery will require that any of the aforementioned fees, in addition to the cost of returning the delivery to our distribution center, to be deducted from your refund. If the cost exceeds the amount of the merchandise plus associated fees incurred by the company due to your refusal of a delivery, the customer will not receive a refund. Please consult your local customs office for more details about duties and taxes, as well as importing regulations for your country. OMEBM®, and/or partner companies, brands, 3rd party manufacturers, contractors will not be liable for deliveries withheld or destroyed by your local authorities.

 

 

12.1. SALES TAX

 

Sales tax will be charged for all purchases in all of our Retail Stores, at all hosted Company events, and for purchases shipped to the following states: Virginia, Utah, Texas, and Louisiana

 

 



13. RETURN POLICY

 

Review the following document in full for any inquiry regarding the return policy for eligible return types, return processing fees, and instructions on how to complete a return.


We recognize that having the ability to return an item is important to you as a valued customer. Any customer (ORIGINAL PURCHASER) of products sold by/through OMEBM may return products in accordance with the return and exchange policy set forth below. Returns of products that are not in compliance with the conditions and time-frames set forth below will be rejected by OMEBM and will be sent back to the Original Purchaser (Customer). OMEBM is not responsible for lost or damaged items, nor any costs involved in returning any products from your original purchase.


Due to the immense value provided to customers by offering an exceptional product selection at great prices; all items sold by OMEBM or our affiliates are final sale; without recourse, thus ineligible for a refund nor exchange unless a customer receives an item type that is 100% different from the item type purchased. *Returns are easy for item types that are shipped out in error. (Example: Purchased item = Backpack. Received item = Shoes). Due to ever changing warehouse inventories, we or our partners reserve the right to substitute any out of stock color variant or size variant with any available color variant or size variant of our choosing. Refunds will not be issued for substituted variants. For customers who received a 100% incorrect item type (Example: Purchased item = Men’s Wallet. Received item = Women’s Necklace); we will investigate your claim with care and detail. If you received a 100% incorrect item type, we will work to make sure that you are 100% satisfied with our resolution options. Differences in color, shape, size, material or appearance are not eligible reasons for return. Changes of mind, buyer's remorse, item reconsideration, dissatisfaction with order processing and shipping timeframes and dissatisfaction with item appearance, quality, or price are not eligible reasons for return.

 

 

13.1. Return Period

 

OMEBM allows the Original Purchaser (Customer) to return *Eligible* OMEBM products purchased in all of our Retail Stores, at all hosted Company events, on the Website or through the Customer Service Contact Center within sixty (60) days from the date of purchase; subject to the further terms and conditions set forth below. In no event will a gift recipient be eligible for any return nor exchange. In the event of any return, the returns funds will be issued in the form of a credit back to the original method of payment – minus the return processing fees outlined in the chart below. This return policy is without exception and will not be altered nor changed in any circumstance. Please refer to the Conditions of Sale and Terms of Use Legal that you agreed to by completing a purchase request with OMEBM.

 

 

13.2. Return Process

 

Products that have been purchased on the Website or through the Customer Service Contact Center may only be returned to a OMEBM online distribution center with prior authorization from OMEBM.

 

Products that have not been purchased on the Website or through the Customer Service Contact Center may NOT be returned to the OMEBM online distribution center. Products that have been purchased via the Website or through the Customer Service Contact Center may not be returned to a retail store. Exceptions will not be made in either case.

 

If an ORIGINAL PURCHASER (Customer) wishes to return a product to the OMEBM online distribution center, then such person must comply with the following steps:

  1. i) Contact the Customer Services Contact Center from the VIP Customer Portal to request a Return Authorization Number (RAN) and Return Authorization Form to be emailed to you. Both a number and form are required prior to returning any product to OMEBM.
  2. ii) Fill out the required information, list the applicable Return Authorization Number (RAN) on the return form and physically sign it.

iii) Include the completed return form with the product, any accessories, any original box and delivery package. All of these items must be placed into a new package in order for OMEBM to properly investigate the incorrect item(s) you received; and conduct an audit of your package from the sending warehouse. These things are all required to facilitate your return upon completion of our investigation

  1. iv) Seal the delivery package and affix your postage label to it. Items must be postmarked within (2) days of receiving a Return Authorization Number. Items not postmarked within (2) days will no longer be eligible for refund nor exchange.
  2. v) Please note that OMEBM will not cover any costs (postage, insurance, misc. delivery charges). Any costs involved in returning products to OMEBM are non-refundable. All purchases (domestic & international) returned will require a handling and processing fee (as outlined in the table below) to be deducted from the amount to be returned to you.

 

PURCHASE PRICE

 

If your total purchase was between

RETURN PROCESSING FEE

RETURN PERIOD

0.00 to $39.00

$8.95

60 days

$40.00 to $80.00

$12.95

60 days

$80.00 to $150.00

$14.95

60 days

$150.00 to $499.00

$24.95

60 days

$500.00 & above

$28.95

60 days

 

The ORIGINAL PURCHASER (Customer) must keep a proof of return delivery. The only form of proof that is commonly accepted by delivery/postage carriers is in the form of a verifiable insured delivery confirmation. OMEBM accepts no liability in any event that such proof cannot be produced. The ORIGINAL PURCHASER (Customer) is solely responsible for filing any insurance claims with their delivery/postage carrier. Only merchandise that has been received by the OMEBM online distribution center or partner warehouse will be eligible for a refund.

 

Upon receiving a return, OMEBM will verify that the returned product satisfies the conditions of the return policy and, if so, then proceed with the applicable refund or exchange.

 

For purchases made in store or at an OMEBM hosted event - please bring your eligible item and purchase confirmation back to the store for assistance with your return.

 

13.3. Conditions to Return a Product

 

OMEBM products must be returned in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them.

 

OMEBM will not accept any return if the product shows signs of wear, or has been used or altered from its original condition in any way.

 

All returns will be subject to strict Quality Control (QC) by OMEBM to ensure that the returned products satisfy these requirements. If the products do not meet QC standards, OMEBM will refuse the return, and the products will be sent back to the customer, as applicable. If the returned product satisfies Quality Control (QC), OMEBM will proceed with the applicable refund.

 

13.4. Refunds

 

If a product is returned to the OMEBM online distribution center or partner warehouse, only a Customer will be entitled to receive a refund. In no event will a Gift Recipient be entitled to receive a refund.

 

Initial delivery charges (when charged) will not be refunded to the Customer. In the case of a return to the OMEBM online distribution center, or retail store if a Customer’s return complies with the return policy, OMEBM will use reasonable efforts to credit the refund to the Customer’s original method of payment no later than seven (7) business days after receipt of the returned item to OMEBM and completed investigation to determine return eligibility.

 

 

13.5. Exchanges

 

OMEBM does not currently accept exchanges.

 

13.6. Non-Warranty

 

All products available for purchase on the Web Site are provided to Users "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, MATERIALS, OR NON-INFRINGEMENT. FURTHER DETAIL IS AS FOLLOWS:

Any and all products offered for sale/provided or manufactured by the company or its vendors, along with all any and all services/content offered/provided by the company, vendors or third parties, are furnished to you as-is, with all faults, and without warranty of any kind, expressed, implied, statutory or otherwise, including any warranty of merchantability, fitness for any particular purpose, title, noninfringement, quality, usefulness, commercial utility, adequacy, or compliance with any law, domestic or foreign, and implied warranties arising from course of dealing or course of performance. You expressly disclaim that you are, or ever could be owed any rights or damages from the company, and waive and release any and all tort claims and causes of action that may be based upon, arise out of or relate to your engagement with the company online, in a retail store or on any platform or in any public area. This includes but will never be limited to: accessing or requesting goods or services, purchasing or using our products and services, or any correspondence initiated by you or the company.

In no event shall the company be liable to any user, purchaser, party, recipient, entity, or any other person for any incidental, consequential, or special damages, however arising.

As an end user or purchaser of any product or service offered by the company, you agree to assume any and all risks associated with the acceptance or use of products and/or services provided/offered by the company; and you agree that any claims asserted by a 3rd party or gift recipient, will be addressed and compensated for by the original purchaser (customer, customer, purchase requester) and agree to hold harmless the company from any and all liability or actions arising from claims or damages asserted against you as a result of accessing, receiving, offering, using or passing along our services and services to, by, with, or via a third party; or stemming from the use of our products or services by way of use, access, receipt, offering, or being passed on to, by, with, or via a gift recipient, or whoever the is the affected party in any instance of an assertion of claims or damages.

In any event that you do not agree to any of the policies, terms or conditions provided by the company; your sole remedy is to return eligible products through the process as outlined in our Return Policy and immediately discontinue use of our products and services.

 

13.7 Gifts

 

All purchases returned to OMEBM by gift recipients will be rejected. Only ORIGINAL PURCHASERS will be eligible to return a product. No store credit nor exchange will be provided.

 

 

GENERAL PROVISION

The policies outlined throughout this document related to requests for additional identity verification related to transactional/service requests and in the TERMS OF USE | LEGAL are applicable wherever our products and services are sold, requested, offered or provided.

The company reserves the right to limit or refuse any return request. All returns facilitated are subject to a first or third‐party verification process. For any return request (primarily, but not limited to our retail stores), the company reserves the right to request that you provide a valid unexpired form of photo identification. Our transaction verification teams (internally and external third party) analyze each transaction facilitated for the company. Analysts track return trends for individual purchasers and review aggregate data information to detect trends of improper returns, irregular purchase activity, and abuse of purchase privileges including any form of retail theft or deceptive acts to defraud the company. In no event, at any time, will any person be permitted to return any item or seek refund for any service without a providing a valid, unexpired, verified record of purchase that is validated against the purchase record on file with the company. Any individual who by internal (or external) analysis has been determined to violate our policies or attempts to defraud the company will be banned permanently from conducting business with the company or any of our owned/managed/or affiliated companies – past, present or future through creation, merger, or acquisition. Additionally, any individual who by internal analysis has been determined to violate our policies or attempts to defraud the company, will have their return request denied and no refund will be issued. The record of sale for the purchase will be voided, stored with an individual profile of record prohibiting the person from conducting any business with us, and compiled with aggregate data to prohibit future attempts to perform transactional/return requests for the item(s)/service(s) in question. Without regard to size, scope or minimal timeframe of the concerned transaction(s) or event(s), OMEBM LLC takes our policies seriously. Together with the cooperation of law enforcement, the company currently escalates without prejudice to the local legal jurisdiction of the offending party: the profiles/data/information/device information of any and all individuals (both the actors and the accomplices) who are confirmed to attempt to defraud the company or have successfully circumvented our systems to defraud the company or abuse our policies for personal or group gain.

You agree that we (or any third party verification company), or law enforcement entity, are not required to provide you with any notice at any time regarding the denial of your return request, that we (or any third party verification company) or law enforcement entity, are not required to provide you with any details regarding the data or information that resulted in an adverse action against you or our decision to not conduct business of any kind with you. We, or our third‐party processor may record your information from any identification item that you present to us when completing a return request, and keep it in a secure database to assist the company in validating any kind of transactional request you make with our company or any of our owned/managed/or affiliated companies – past, present or future through creation, merger, or acquisition. You agree that we (or any third party verification company), or law enforcement entity, are not required to provide you with any copies of stored information and by completing a purchase or requesting a service from the company, you affirm your understanding and consent to our policies, and waive any rights applicable to your jurisdiction regarding our policies or transmission/storage of information/data to legally protect our company against any kind of loss.

 

14. ACCURACY OF PRICING, PRODUCT DESCRIPTIONS

 

WHILE OMEBM ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION IT PLACES ON THE WEBSITE, IN ADVERTISEMENT OR CATALOG OR BY THE CUSTOMER CONTACT CENTER, IT MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE ACCURACY, RELIABILTY AND COMPLETENESS OF SUCH INFORMATION. OMEBM DOES NOT CONFIRM THE PRICE OF AN OMEBM PRODUCT UNTIL A CONFIRMATION OF PURCHASE HAS BEEN ISSUED BY OMEBM, INDICATING THE EXISTENCE OF A BINDING SALES CONTRACT. IF AN OMEBM PRODUCT’S CORRECT PRICE IS HIGHER THAN THE PRICE POSTED ON OUR WEBSITE, THEN OMEBM WILL EITHER CONTACT THE CUSTOMER FOR INSTRUCTIONS BEFORE SHIPPING THE PURCHASE OR CANCEL THE PURCHASE AND NOTIFY YOU OF SUCH CANCELLATION. WHILE EVERY EFFORT WILL BE MADE TO ENSURE THAT THE DESCRIPTIONS, PHOTOGRAPHS OR GRAPHICAL REPRESENTATIONS OF THE OMEBM PRODUCTS DISPLAYED ON THE WEBSITE OR IN A CATALOG ARE AS ACCURATE AS POSSIBLE, OMEBM DOES NOT WARRANT THAT SUCH MATERIALS OR OTHER CONTENT IS ERROR-FREE, WHETHER AS A RESULT OF INACCURACY, OMISSION, OBSOLESCENCE OR OTHERWISE. ACCORDINGLY, THE CUSTOMER’S SOLE REMEDY IN THE EVENT OF ANY SUCH ERROR IS TO RETURN THE PRODUCT AS SET FORTH IN OUR RETURN POLICY.

 

 

15. ENTIRE AGREEMENT

 

The Conditions of Sale (as amended from time to time), including policies incorporated herein (e.g., Privacy Policy, Return Policy, Terms of Use Lega) constitute the entire agreement between you and OMEBM®, and/or partner companies, brands, 3rd party manufacturers, contractors regarding your purchase of OMEBM®, and/or partner companies, brands, 3rd party manufacturers, contractors products through the Customer Service Contact Center or the Website, and supersede any prior Conditions of Sale or any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and OMEBM®, and/or partner companies, brands, 3rd party manufacturers, contractors in relation to such matters. No oral representation or agreement given by any party shall alter the interpretation of the Conditions of Sale.

 

 

16. NO WAIVER

 

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

 

 

17. GOVERNING LAW; ARBITRATION OF CLAIMS

 

The Conditions of Sale shall be governed by and construed in accordance with the laws of the State of Virginia, without reference to conflict of law’s provisions. Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale, including the validity, invalidity, breach or termination thereof or any OMEBM®, and/or partner companies, brands, 3rd party manufacturers, contractors product purchased through the Website or Customer Service Contact Center will be resolved by binding arbitration, rather than in court, with the initiating party responsible for any arbitrator legal costs, attorney fees etc. incurred by OMEBM®, its parent company or direct affiliated companies, and/or partner companies, brands, 3rd party manufacturers, contractors.

 

 

The Conditions of Sale, Privacy Policy, Returns Policy, and Terms of Use | Legal shall be governed by and construed in accordance with the laws of the State of Virginia, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the aforementioned documents, including the validity, invalidity, breach or termination thereof, shall be arbitrated in the State and County of Virginia. All users of this site, contact by phone, or who visit an OMEBM retail store, affirm their consent to our terms and acknowledge that regardless of the outcome, any claim submitted against OMEBM, OMEBM LLC, or its directly owned/managed companies will be resolved by binding arbitration, rather than in court, with the initiating party responsible for any arbitrator legal costs, attorney fees etc. incurred by OMEBM, its parent company or direct affiliated companies. This policy is without exception and by accessing any website owned by OMEBM LLC or conducting business with any companies referenced as one in the same with OMEBM LLC, you consent you all of the terms outlined in this document and related site policies relating to OMEBM.COM

 

With regard to any dispute, claim, accusation or controversy arising out of or related to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding non-appearance-based arbitration. By accessing any content provided by the company and/or partner companies, brands, 3rd party manufacturers, contractors, or when you engage with the company and/or partner companies, brands, 3rd party manufacturers, contractors, register for any service/program, request any type of correspondence, purchase any products, or participate at any event hosted by the company and/or partner companies, brands, 3rd party manufacturers, contractors, in the event that a party elects arbitration to begin adverse action against our company and/or partner companies, brands, 3rd party manufacturers, contractors, the initiating party shall initiate such arbitration before a single arbitrator through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties, or, if no agreement is reached within ten (10) days of a request for agreement, then according to the rules (“Rules”) of the American Arbitration Association - (Learn more here https://www.adr.org/sites/default/files/document_repository/AAA_ Guide_Arbitration_Process_Roadmap_2011_02_16%20(1).pdf.) The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed upon in writing by both parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. All aspects of the arbitration shall be treated as confidential, as provided in the Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests. You agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you or your entity, or company are each waiving the right to a trial by jury and the right to participate in a class or representative action. YOU AND YOUR ENTITY OR COMPANY AGREE THAT EACH MAY BRING CLAIMS ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, the arbitrator may not consolidate more than one person’s claims with you or your entity or company’s claims; and may not otherwise preside over any form of a class or representative proceeding. Per the TERMS OF USE | LEGAL - you affirm your understanding and consent to paying all costs and legal fees incurred by OMEBM, its parent company and/or partner companies, brands, 3rd party manufacturers, contractors OMEBM LLC and directly owned/managed companies and/or partner companies, brands, 3rd party manufacturers, contractors with any relation to your claim. In any event that a claim is brought against us, and even in the event that the arbitrator awards a judgement in favor of our company and/or partner companies, brands, 3rd party manufacturers, contractors - we provide notice in this document that our company and/or partner companies, brands, 3rd party manufacturers, contractors will initiate a counter claim filing against the party who took initial action. Without prejudice to the individual, entity, or circumstances related to the case, our company and/or partner companies, brands, 3rd party manufacturers, contractors is expressly committed to defending claims of any kind. OMEBM and its parent company and/or partner companies, brands, 3rd party manufacturers, contractors OMEBM LLC will seek no less than 200% of the original damages requested by the defeated party, along with all attorney costs without cap or limitation along with excess legal and public relation fees incurred by our company and/or partner companies, brands, 3rd party manufacturers, contractors in relation to asserting our right to fair defense of our companies and/or partner companies, brands, 3rd party manufacturers, contractors and affiliates against erroneous, unsubstantiated, libelous, slanderous, claims or arguments from the party who initiated adverse action arbitration against any of our owned/managed/or affiliated companies and/or partner companies, brands, 3rd party manufacturers, contractors – past, present or future through creation, merger, or acquisition. These terms of this provision and document in its entirety are without exception and by taking any action to engage with our company and/or partner companies, brands, 3rd party manufacturers, contractors at any time from any device or with regard to any request or purchase or use of products or services provided by our company and/or partner companies, brands, 3rd party manufacturers, contractors or relationship managed /owned/affiliated companies and/or partner companies, brands, 3rd party manufacturers, contractors regardless of whether or not your engagement took place online, instore or via any internet connected device, or in a public area – you provide your expressed consent and agreement to our terms and conditions. Any person who engages with our companies and/or partner companies, brands, 3rd party manufacturers, contractors is provided public notice of where you or they, may access our terms of use and legal conditions online.

 

You (or your entity) affirm and agree that liability of the company and/or partner companies, brands, 3rd party manufacturers, contractors, its owned/managed companies and/or partner companies, brands, 3rd party manufacturers, contractors, affiliates and (shareholders – if at any time the company and/or partner companies, brands, 3rd party manufacturers, contractors is subject to public offering,) officers, directors, employees and representatives, for any loss, damages, or claims of any kind brought against the company and/or partner companies, brands, 3rd party manufacturers, contractors by you, (or your entity), is limited to the actual cost of the items purchased (as noted on a receipt provided by the company and/or partner companies, brands, 3rd party manufacturers, contractors) or $50.00 fifty dollars and zero cents; whichever is less, regardless of the amount of the price paid for your purchase, or regardless of the amount of the damages outlined in your claim against the company and/or partner companies, brands, 3rd party manufacturers, contractors. You agree to hold harmless the company and/or partner companies, brands, 3rd party manufacturers, contractors, its owned/managed companies and/or partner companies, brands, 3rd party manufacturers, contractors, affiliates and (shareholders – if at any time the company and/or partner companies, brands, 3rd party manufacturers, contractors is subject to public offering,) officers, directors, employees and representatives from any compensation in excess of $50.00 fifty dollars and zero cents (or the lesser amount), additional compensation of any kind, without limit to interpretation of compensation regardless of the kind of damage or claim incurred by you (or your entity). In any event, the company and/or partner companies, brands, 3rd party manufacturers, contractors, its owned/managed companies and/or partner companies, brands, 3rd party manufacturers, contractors, affiliates and (shareholders – if at any time the company and/or partner companies, brands, 3rd party manufacturers, contractors is subject to public offering,) officers, directors, employees and representatives will not be liable for any damage, whether direct, incidental, special or consequential, in excess of $50.00 fifty dollars and zero cents (or the lesser amount), whether or not we had knowledge or should have had knowledge that such damage might be incurred, including but not limited to loss of any kind of income, profit, or property by you (or your entity). Also, we won't be liable if you (or your entity) or the recipient violates any terms of our policies.

 

 

SPECIAL PROVISION CLAUSE

Our company and/or partner companies, brands, 3rd party manufacturers, contractors invokes without limitation – a multitude of security measures across our digital and physical platforms to protect the intellectual property of our company and/or partner companies, brands, 3rd party manufacturers, contractors, directly owned/managed companies and/or partner companies, brands, 3rd party manufacturers, contractors, and valued design/content collaborators. From time to time, there are individuals and entities who consciously choose to disregard the established legal rights and protections of our brands and companies and/or partner companies, brands, 3rd party manufacturers, contractors. To protect the interests of the previously referenced - the following notice relates to the protection of our rights as a company and/or partner companies, brands, 3rd party manufacturers, contractors and is not included as any scope of the arbitration provision. This clause is notice of the exclusive right of our company and/or partner companies, brands, 3rd party manufacturers, contractors to aggressively pursue any and all available legal methods of remedy to protect our interests and intellectual property. The following “notice to visitors” will be enforced to the fullest extent of the law within a court; and if deemed necessary resolved by judge or trial by jury with our request to be awarded with the maximum monetary damages allowable under the scope of the law; in addition to our attorney costs without cap or limitation, along with excess legal and public relation fees incurred by our company and/or partner companies, brands, 3rd party manufacturers, contractors in stemming from the need to assert our right to protect our brands and companies and/or partner companies, brands, 3rd party manufacturers, contractors against unauthorized theft or infringement of our intellectual property:

OMEBM NOTICE TO VISITORS:

Relating to any persons/entities accessing this site or servers, the following notice is applicable.

If you have received a (notice/subpoena/request to appear) regarding infringement of the intellectual property of OMEBM, PREDICTABLY UNCOMMON, OMEBM, or affiliated companies and/or partner companies, brands, 3rd party manufacturers, contractors please notify your legal representative licensed in the State/City/Province/Country you were served in.

Based on the laws applicable to your jurisdiction, your representative may be required to prepare a response, file within the appropriate local jurisdiction, and arrange for compensatory damages (without limit or cap) to be appropriated to OMEBM LLC in the event that any claim of infringement is proven to be valid. You (or your representative) may contact legal (at symbol) omebm (dot symbol) com with inquiries regarding resolution, requests for information related to our filing, or notices of your removal of the infringement of the protected intellectual property.

Requests for non-indemnification or reduced damages, that are accompanied by verifiable resolutions of the removal of the infringing content within a reasonable timeframe as determined by OMEBM LLC; will be reviewed and taken into careful consideration, with determinations based on the level of infringement and length of time of the offense.

Please be advised that the primary reason a filing was made regarding your person or entity is to protect the intellectual property of companies and/or partner companies, brands, 3rd party manufacturers, contractors directly owned by OMEBM LLC, its affiliates, and our valued content collaborators.

Without regard to size, scope or minimal timeframe of the infringement, OMEBM LLC takes the abovementioned concerns seriously and currently files claims to be awarded with the maximum monetary damages allowable under the scope of the law without prejudice to the local legal jurisdiction of the offending party.

 

 

The waiver by OMEBM of a breach of any provision of these Terms will not operate to be interpreted as a waiver of any other or subsequent breach.

 

Last Revised: June 1, 2019

 

 

 

 







OMEBM VALUES AND RESPECTS THE PRIVACY OF OUR CUSTOMERS.

AS A BRAND, WE IMPLEMENT THE HIGHEST STANDARDS IN DIGITAL SECURITY AND DATA ENCRYPTION METHODS.