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OMEBM® | PRIVACY POLICY




PRIVACY POLICY | OMEBM U.S. STORES, ONLINE, EVENTS, FACILITIES, AND VIP CUSTOMER SERVICE CENTER


 

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 and/or partner companies, brands, 3rd party manufacturers, contractors"), 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 relationship 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 and/or partner companies, brands, 3rd party manufacturers, contractors by phone, visit to any of our stores, offices, managed spaces, attendance at any event hosted by the company and/or partner companies, brands, 3rd party manufacturers, contractors, or engagement with any officer, employee, or representative of the company and/or partner companies, brands, 3rd party manufacturers, contractors.

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 PRIVACY POLICY in accordance with the brand promise to deliver a consistent experience for our valued customers and for the protection of our company and/or partner companies, brands, 3rd party manufacturers, contractors as a whole. We strongly advise any person (or entity) who engages/interacts/makes purchases or service requests/ or otherwise with our company and/or partner companies, brands, 3rd party manufacturers, contractors 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 (or access any section of a site, request or use any type of correspondence, service, product or participation from any site or company and/or partner companies, brands, 3rd party manufacturers, contractors owned or relationship managed by OMEBM LLC), 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 and/or partner companies, brands, 3rd party manufacturers, contractors. 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.



OMEBM, OMEBM LLC, ("OMEBM" “OMEBM” one in the same, or referred to herein as "us", "our", "we" or "the company and/or partner companies, brands, 3rd party manufacturers, contractors"), 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; takes the privacy of customers seriously and has established its Privacy Notice in respect of the confidence its customers places in it.

 

This Privacy Notice describes the personal information we collect from our customers through the OMEBM VIP Services center, online, and retail stores.

 

Personal Information Collection

In order to place a purchase through the website, via a VIP Customer Service representative, or in a retail store, you are not required to register and create an online account. If you elect to, during this process, you will be required to provide valid and up-to-date personal information, including but not limited to your real name, date of birth, phone number and e-mail address, as well as other personal information as applicable, such as delivery address, billing address and payment details (collectively "Personal Information").

 

Should you contact the company and/or partner companies, brands, 3rd party manufacturers, contractors or VIP Customer Service center by telephone, mail, online, or in any physical setting, you may also be required to provide such Personal Information. Additionally, if you complete a customer profile online, via a customer service representative, or in store, the Personal Information you provide shall be used as described in this Privacy Notice.

 

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, 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 VIP Services directly to request a discontinuation of the aforementioned communications from the company and/or partner companies, brands, 3rd party manufacturers, contractors to you.

 

Users’ Submissions

 

This section concerns transmissions to OMEBM. It also concerns the transmission of information to OMEBM in relation to the purchase of products by phone or in store. Information regarding latter is also outlined by stipulations in the Privacy Policy.

 

The Information and feedback you share with us on any correspondence inquiry form or client survey, or general communication (electronic, or traditional mail, or in store), will be used to facilitate an end user experience. This information is used internally to facilitate your request, provide services, continuously improve the quality of our products and elevate our VIP Customer service offerings. Please do not use any form or communication opportunity with OMEBM, OMEBM LLC, or it’s directly owned/managed companies and/or partner companies, brands, 3rd party manufacturers, contractors to submit product ideas, designs, nor intellectual property. OMEBM and its partners does not solicit product ideas, designs, nor intellectual property from customers. As an established brand, it is conceivable that OMEBM or its partners may already be creating, curating, or have published works (former and present) related to such submissions. OMEBM, its parent company and/or partner companies, brands, 3rd party manufacturers, contractors, nor direct affiliated companies and/or partner companies, brands, 3rd party manufacturers, contractors will be required to indemnify any party who transmits unsolicited intellectual works to us.

Any kind of communication or material Users transmit to OMEBM via the Web Site, by electronic mail, verbally by phone, or verbally in a retail store, or by written method or verbal method in any location or area to an employee, officer, or representative of the company and/or partner companies, brands, 3rd party manufacturers, contractors or its affiliated companies and/or partner companies, brands, 3rd party manufacturers, contractors, or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as nonconfidential and non-proprietary by OMEBM. By sending communications to OMEBM, Users automatically grant OMEBM a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything Users transmit may be used by OMEBM and its affiliated companies and/or partner companies, brands, 3rd party manufacturers, contractors for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.

 

Furthermore, OMEBM takes the design, development, and curation of its collections of jewelry, leather-goods, apparel and other luxury accessories very seriously. To this end, as a company and/or partner companies, brands, 3rd party manufacturers, contractors under the collective scope of companies and/or partner companies, brands, 3rd party manufacturers, contractors directly owned or relationship managed by OMEBM LLC, the company and/or partner companies, brands, 3rd party manufacturers, contractors possesses its own sources of design, creativity, and manufacturing from a highly skilled teams of industry experienced designers and production teams who conceive and bring into existence OMEBM collection items. As a result, OMEBM cannot agree to or accept being the receiver of unsolicited proposals of collaboration. Indeed, it is conceivable that OMEBM may already be working on similar ideas and /or creations. Consequently, Users are advised that OMEBM is not interested in receiving ideas or other proposals relating to items they may wish to submit. OMEBM, its parent company and/or partner companies, brands, 3rd party manufacturers, contractors, nor direct affiliated companies and/or partner companies, brands, 3rd party manufacturers, contractors will be required to indemnify any party who transmits unsolicited intellectual works to us.

 

 

OMEBM, its parent company and/or partner companies, brands, 3rd party manufacturers, contractors and directly affiliated companies and/or partner companies, brands, 3rd party manufacturers, contractors are continuously evolving businesses and as such, we collectively share your information within our directly owned, relationship 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 and/or partner companies, brands, 3rd party manufacturers, contractors, 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.

 

Should you make the decision to access this site, request, purchase, or use, of products/services (or any site/product/service that is owned/relationship managed/provided by the company and/or partner companies, brands, 3rd party manufacturers, contractors) from outside the United States, you are responsible for compliance with the local laws of the jurisdiction in the geographical location from where you are accessing one of our sites. You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (2) that you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce. The company and/or partner companies, brands, 3rd party manufacturers, contractors will, when required by law, release the information related to your access, request, purchase, or use, of our sites, products, or services accessed, requested or obtained by any individual when requested by formal subpoena from a registered government entity. As a general protection that we provide to any individual in question, and to protect internal systems, we will perform due diligence to verify the authenticity of the request and validation of “necessary requirement” of any request to obtain information our company and/or partner companies, brands, 3rd party manufacturers, contractors. As a company and/or partner companies, brands, 3rd party manufacturers, contractors, we are required to comply with applicable laws, regulations and government resolutions. We will do so in the interests of protecting our company and/or partner companies, brands, 3rd party manufacturers, contractors and customers by providing the minimum necessary required information as expressed by a final legal ruling from the jurisdictional authority.

 

OMEBM takes the protection of your Personal Information very seriously and therefore additional information may be collected by OMEBM or its third party providers for security and anti-fraud purposes (see further information below).

 

Any Personal Information you make available to OMEBM is done so voluntarily, with your knowledge and consent when contacting VIP Services, making a purchase online or in store, or registering for services from OMEBM. This information will be used by the company and provided to our partner companies, brands, 3rd party manufacturers, contractors. We will request from you information that is mandatory (required by us to fulfill your order, facilitate your purchase, respond to your inquiry, and meet our legal obligations) and non-mandatory (which you can give to us if you chose); if you choose not to provide the mandatory information requested then OMEBM may not be able to respond to your inquiry or facilitate your purchase request. OMEBM reserves the right to cancel any purchase, decline response to inquiry correspondence forms submitted to us, or deny service in a retail store if the Personal Information requirement to conduct a transaction or respond to an inquiry, is unfulfilled/not met. Additionally, the reporting of false information with regard to conducting financial transactions will result in the cancellation of purchase/denial of service, and if the information provided presents a Fraud or Security Risk to our company and/or partner companies, brands, 3rd party manufacturers, contractors or to an identified third party; we will escalate all information related to the incident to the local legal authority in your city/state/province/county/region. OMEBM operates with extreme diligence to protect the personal information of customers and non-customers. As an established brand and company and/or partner companies, brands, 3rd party manufacturers, contractors, we implement the highest standards in digital security and data encryption methods.

 

USER GENERATED CONTENT PROVISION

This section concerns user submissions both to the company and/or partner companies, brands, 3rd party manufacturers, contractors and user submissions to platforms/channels/sites not owned/managed/operated/moderated by the company and/or partner companies, brands, 3rd party manufacturers, contractors. The company and/or partner companies, brands, 3rd party manufacturers, contractors will not publish, respond to, nor engage with any user submission that the company and/or partner companies, brands, 3rd party manufacturers, contractors determines (at our sole discretion), to infringe on the copyright, trademark, patent right, or other proprietary right of any person, entity; or that is used without the permission of the owner; statements or information that are known or can be questioned as inaccurate; contains references or material of a pornographic, sexually explicit, or obscene nature; exploits children or minors; violates the rights of privacy or publicity of any person; or that we discern to be harassing, libelous, slanderous, false, inaccurate, retaliatory, or defamatory; or contains any personally identifying information. User submissions made on channels/platforms/forums offsite, or channels/platforms/forums/ etc. not owned, operated, managed, moderated by the company and/or partner companies, brands, 3rd party manufacturers, contractors will not receive any response nor engagement from the company and/or partner companies, brands, 3rd party manufacturers, contractors, except to enforce our TERMS OF USE | LEGAL and aggressively defend our 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, representatives, reputation, products, content, and services to the fullest extent allowable by applicable law. Your user submission on or channels/platforms/forums/ etc. whether owned, operated, relationship managed, moderated, or affiliated; or not owned, operated, relationship managed, moderated or affiliated by/with the company and/or partner companies, brands, 3rd party manufacturers, contractors affirms your acknowledgement of the consequences; and affirms your expressed consent to be held legally accountable for your submission of content, product narrative, company and/or partner companies, brands, 3rd party manufacturers, contractors, review, or any other type of submission in any format, (text, video, or otherwise) etc. to the fullest extent allowable by applicable law with provisions outlined in our TERMS OF USE | LEGAL.

 

NOTICE OF PHOTOGRAPHY, VIDEO, AUDIO, DATA, AND ELECTRONIC DEVICE RECORDING

When you (or your entity) access any site, application, physical facility owned/operated/relationship 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 the company and/or partner companies, brands, 3rd party manufacturers, contractors by phone, visit any of our stores, offices, managed spaces, attend any event hosted by the company and/or partner companies, brands, 3rd party manufacturers, contractors, or engage with any officer, employee, or representative of the company and/or partner companies, brands, 3rd party manufacturers, contractors, you (or your entity) affirm your (or your entity) expressed consent that you (or your entity) understand that you (or your entity) are engaging with the company and/or partner companies, brands, 3rd party manufacturers, contractors in a manner in which photography, video, audio, data and electronic device recording may (and will likely) occur.

 

By accessing any site, application, physical facility owned/operated/relationship 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), contacting the company and/or partner companies, brands, 3rd party manufacturers, contractors by phone, visiting any of our stores, offices, managed spaces, attending any event hosted by the company and/or partner companies, brands, 3rd party manufacturers, contractors, or engaging with any officer, employee, or representative of the company and/or partner companies, brands, 3rd party manufacturers, contractors; you (or your entity) affirm your consent to interview(s), photography, audio recording, video recording, data recording, electronic device recording and its/their release, publication, exhibition, or reproduction to be used for news, web casts, promotional purposes, telecasts, advertising, inclusion on websites, or any other purpose by OMEBM LLC (the company and/or 3rd party partner companies, brands, 3rd party manufacturers, contractors) and its affiliates and representatives. You (or your entity) release the company and/or 3rd party partner companies, brands, 3rd party manufacturers, contractors, its officers and employees, and each and all persons involved from any liability connected with the taking, recording, digitizing, or publication of interviews, photographs, computer images, video and/or sound recordings, data, device, or electronic recordings of your site usage, person, entity, or behaviors whether electronically or physically.

 

By accessing any site, application, physical facility owned/operated/relationship 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), contacting the company and/or partner companies, brands, 3rd party manufacturers, contractors by phone, visiting any of our stores, offices, managed spaces, attending any event hosted by the company and/or partner companies, brands, 3rd party manufacturers, contractors, or engaging with any officer, employee, or representative of the company and/or partner companies, brands, 3rd party manufacturers, contractors; you (or your entity) waive all rights you may have to any claims for payment, royalties, or damages in connection with any exhibition, streaming, web casting, televising, or other publication of these materials, regardless of the purpose or sponsoring of such exhibiting, broadcasting, web casting, or other publication irrespective of whether the company and/or partner companies, brands, 3rd party manufacturers, contractors has been provided payment or royalties for the use of any and all photography, video, audio, data and electronic device recording captured from you, your entity or third party systems. You (or your entity) also waive any right to inspect or approve any and all photography, video, audio, data and electronic device recording taken by OMEBM LLC (the company and/or partner companies, brands, 3rd party manufacturers, contractors) or the person or entity designated to do so by OMEBM LLC.

 

You (or your entity) have been fully informed of your consent, waiver of liability, and release when or before accessing any site, application, physical facility owned/operated/relationship 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), contacting the company and/or partner companies, brands, 3rd party manufacturers, contractors by phone, visiting any of our stores, offices, managed spaces, attending any event hosted by the company and/or partner companies, brands, 3rd party manufacturers, contractors, or engaging with any officer, employee, or representative of the company and/or partner companies, brands, 3rd party manufacturers, contractors; and this notice is displayed/accessible/provided on all sites owned/operated/managed by OMEBM LLC; in our retail stores, in offices, managed spaces; available by phone when engaging with the company and/or partner companies, brands, 3rd party manufacturers, contractors, and when or prior to engaging publicly with any officer, employee, or representative of the company and/or partner companies, brands, 3rd party manufacturers, contractors, the communications liaison for the officer, employee, or representative of the company and/or partner companies, brands, 3rd party manufacturers, contractors will notify you (or your entity) of your (or your entity) waiver of liability, and release; and affirm your (or your entity) consent verbally or via written expressed consent. If you (or your entity) do not consent to our terms and conditions, DO NOT engage with the company and/or partner companies, brands, 3rd party manufacturers, contractors. This includes but is not limited to: accessing any site, application owned/operated/relationship 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), contacting the company and/or partner companies, brands, 3rd party manufacturers, contractors by phone, visiting any of our stores, offices, managed spaces, attending any event hosted by the company and/or partner companies, brands, 3rd party manufacturers, contractors, or engaging with any officer, employee, or representative of the company and/or partner companies, brands, 3rd party manufacturers, contractors.

 

Cookies and related tracking technologies

 

As an end user of our websites, products, services and content, you affirm your consent to engagement and grant free license and access to our company and/or partner companies, brands, 3rd party manufacturers, contractors and any/all third party companies and/or partner companies, brands, 3rd party manufacturers, contractors we choose to integrate into our website/products/services/content offerings on any platform or device. You agree that our company and/or partner companies, brands, 3rd party manufacturers, contractors and third party companies and/or partner companies, brands, 3rd party manufacturers, contractors are not liable nor required to provide you with any kind of monetary or non-monetary compensation or service for the rights to use information that we or they collect from you. You agree that we are not required to provide you with notice of any changes to our policies and that at any time you may visit our company and/or partner companies, brands, 3rd party manufacturers, contractors resources on official company and/or partner companies, brands, 3rd party manufacturers, contractors managed platforms to view the most current and up to date policies or terms and conditions. We, or said third parties may use automatic information collection technologies to collect information about you or the device you are using (or have previously used) in connection with the company and/or partner companies, brands, 3rd party manufacturers, contractors or our websites, products, services or content offerings. Along with our internal technologies, third parties may include: advertisers, ad networks and ad servers, analytics companies and/or partner companies, brands, 3rd party manufacturers, contractors, your mobile device manufacturer, your mobile service provider, etc. We, along with third parties may use tracking technologies to collect information about you when you access or engage with our company and/or partner companies, brands, 3rd party manufacturers, contractors on any platform or device and from any geographical location. The information that we and third parties companies and/or partner companies, brands, 3rd party manufacturers, contractors collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, applications, and other online services or websites. Demographic information may be collected, along with usage patterns and other non-personally identifiable profile information about you. As a user, our company and/or partner companies, brands, 3rd party manufacturers, contractors and third party companies and/or partner companies, brands, 3rd party manufacturers, contractors may collect information for any reasonable business purpose without restriction or limitation to any traditional desktop, laptop, table, mobile, wearable data device, or any internet connected device created in the future, and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, your personal data, your non identifiable data, your personal information, non-identifiable information, mobile network information and the device’s telephone number or registered device owner. Sections of our website, notifications, communications, emails, sections of any applications, all items which are provided to you or created in the future by our company and/or partner companies, brands, 3rd party manufacturers, contractors may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that provide our Company and/or partner companies, brands, 3rd party manufacturers, contractors with the ability to perform an unrestricted multitude of actions, included but in no way limited to: measuring the number of users accessing our company and/or partner companies, brands, 3rd party manufacturers, contractors websites and applications, opening electronic communications or physical communications tagged with any kind of electronic data technology, recording user data, recording specific targeted user activity/events across our companies and/or partner companies, brands, 3rd party manufacturers, contractors websites and performing verification of your devices used to provide access to our companies and/or partner companies, brands, 3rd party manufacturers, contractors offerings. The aforementioned list is not meant to be all-inclusive and as technologies continue to evolve and change, we will continue to modify our business strategies and technological capabilities to provide you with an optimal user experience.

Additionally, our company and/or partner companies, brands, 3rd party manufacturers, contractors and 3rd party companies and/or partner companies, brands, 3rd party manufacturers, contractors also may use technologies to collect information about your experiences with our company 3rd party companies, and/or partner companies, brands, 3rd party manufacturers, contractors and throughout the internet, along with usage of our company and/or partner companies, brands, 3rd party manufacturers, contractors products, platforms, and applications over time. We do not respond to web browser “do not track” signals. They may (and will likely) use this information to provide you with interest-based (behavioral) advertising or other targeted content. Our company and/or partner companies, brands, 3rd party manufacturers, contractors does not control or limit the scope of capabilities of the third parties’ tracking technologies or how they may be used. We recommend that you take the time to educate yourself on how you can choose and define your internet experience. If you do not consent to these terms – we advise you to immediately discontinue engagement with our company and/or partner companies, brands, 3rd party manufacturers, contractors (and directly owned/managed companies and/or partner companies, brands, 3rd party manufacturers, contractors of OMEBM LLC). If you would like more information about this practice and to know your choices about not having this information used by these third-parties, please visit the following website to learn more and exercise your opt out options. The website resource is: The Network Advertising Initiative. Additionally, for any other companies and/or partner companies, brands, 3rd party manufacturers, contractors (including but not limited to the ones listed on this page - please consult their individual privacy policies for reference on how to proceed with their companies and/or partner companies, brands, 3rd party manufacturers, contractors. Please take the time to review your options and make your decisions for your personal experiences based on the choices the resource provides you with. If you do not consent to any term or condition expressed by our company and/or partner companies, brands, 3rd party manufacturers, contractors or third party companies and/or partner companies, brands, 3rd party manufacturers, contractors that be integrated into our companies and/or partner companies, brands, 3rd party manufacturers, contractors digital offerings on any platform or application or internet connected device; your sole remedy is to immediately discontinue engagement with our company and/or partner companies, brands, 3rd party manufacturers, contractors, all third party companies and/or partner companies, brands, 3rd party manufacturers, contractors that exercise or have the technological capabilities as outlined in this overall document and policy; along with consulting your service provider, device manufacturer or your trusted information technology resource (person, entity, or otherwise) on how to remove the referenced technologies from your device or system. Disengagement of our company and/or partner companies, brands, 3rd party manufacturers, contractors as a standalone action will not prevent you from viewing an unrestricted scope of our unlimited content creations across the internet or in public areas due to our established relationships with an ever growing list of companies and/or partner companies, brands, 3rd party manufacturers, contractors who choose to conduct business with our company and/or partner companies, brands, 3rd party manufacturers, contractors or choose to facilitate the technologies, analytical analysis or advertising, all of which are referenced throughout this document, relating to our company and/or partner companies, brands, 3rd party manufacturers, contractors and third parties acting on behalf of our company and/or partner companies, brands, 3rd party manufacturers, contractors.

 

We use technology such as "cookies" on our website to store your user ID and password, track selections and purchases, and enhance your shopping experience. Cookies are pieces of electronic information stored on your computer. You may disable cookies through the settings in your web browser, but if you do so, some parts of our website may not function properly. We may automatically track and collect information about your IP address, domain service, the type of computer and web browser you are using and the pages you visit (including by using web beacon and other equivalent technology). We collect this information so that we can administer and improve our system. We collect this information to provide you with display advertising around the web, in print publications and direct mailers. Cookies are placed by OMEBM, Shopify (our host server platform) and third parties as outlined in the remainder of this document. Regarding your related to your visit on the OMEBM site, we may share aggregate information collected with advertisers, sponsors or other businesses including but not limited to: Shopify, Facebook, Google, Pinterest, Instagram, Twitter, Microsoft, etc.

 

NOTICE: OMEBM, OMEBM LLC and directly owned/relationship managed companies and/or partner companies, brands, 3rd party manufacturers, contractors of OMEBM LLC are designed for access, purchase, and after-market advertising to physical residents of the United States of America. We assume no liability for users accessing our website outside of the intended geographical location, or users accessing our website via “tunneling, masking, or virtual private networks (VPN), any method of which, results in the information being passed through a country outside of the geographical locations we serve customers in. The policies listed in this document and throughout the site, are enforceable without exception. Each section of this website provides a notice to visitors: “BY ACCESSING ANY SECTION OF THIS SITE YOU AGREE TO THE TERMS OF USE | LEGAL”. By scrolling, “surfing” pages, etc. You affirm your consent to our terms and Privacy Policy outlined in the Terms of Use | Legal, agreeing to hold harmless OMEBM, OMEBM LLC and directly owned/managed companies and/or partner companies, brands, 3rd party manufacturers, contractors of OMEBM LLC from indemnification or any claims if you do not reside within the intended geographical location for OMEBM.

 

OMEBM implements the highest standards in digital security and data encryption methods. We value and respect the right to individual privacy and are 100% committed to protecting the information of customers and non-customers who visit OMEBM online or in store. The purpose of this document is to ensure that visitors to this site or conducting business with OMEBM in a retail store are properly educated on our policies. If there is any information outlined in this document that appears “confusing”, “difficult to understand”, or too “in depth”, we strongly encourage you to seek a trusted Information Technology source (person or resource) to help you better understand the terms and information contained herein. For visitors to our site who have not made a purchase, have not signed up for “The List” email marketing, and have not become VIP Customers of OMEBM, and do not agree with the terms outlined in our Privacy Policy or Terms of Use | Legal - your sole remedy of action is to immediately discontinue accessing any section of this site (including this page), and perform the proper removal of cookies/browsing history from your browser and device. Please consult your device manufacturer, network service provider or a trusted individual/source to facilitate the removal of your cookies and browsing history from the web browser and device you are accessing this website from.

 

Use of Personal Information

OMEBM will use your Personal Information:

  • To process your purchase request and complete the transaction;
  • To send you information on new collections, promotions and events hosted online or in store;
  • For marketing research purposes relating to OMEBM's business and satisfaction surveys;
  • To customize, analyze and improve our products, services, technologies, communications, and relationship with you;
  • To prevent fraud and other prohibited or illegal activities;
  • To enforce our Conditions of Sale, Privacy Notice, Terms of Use | Legal with you;
  • To protect the security or integrity of our website including your Personal Information, our business, or our products or services; and
  • To provide you with other services you may have requested (e.g. Pre-purchase inquiries, specialized VIP Customer Service requests)

 

THE FOLLOWING INFORMATION PROVIDED IS NOT INTENDED TO BE NOR CAN BE CONSTRUED TO BE A LIST THAT IS COMPREHENSIVE OR ALL-INCLUSIVE. ADDITIONALLY, ALL USERS CONFIRM ACKNOWLEDGEMENT AND EXPRESS CONSENT THAT THE COMPANY AND/OR PARTNER COMPANIES, BRANDS, 3RD PARTY MANUFACTURERS, CONTRACTORS (IN OUR SOLE DISCRETION) MAY ADD TO, REMOVE, ALTER, UPDATE, EDIT, OR OTHERWISE DISABLE ACCESS TO ANY OF THE INFORMATION PROVIDED IN THIS DOCUMENT OR ON OUR SITE AT ANY TIME, WITHOUT ANY NOTICE TO ANYONE.

 

The following cookies are used to facilitate the end user experience on OMEBM:

NAME

FUNCTION

_ab

Used in connection with access to admin.

_orig_referrer

Used in connection with shopping cart.

_secure_session_id

Used in connection with navigation through a storefront.

Cart

Used in connection with shopping cart.

cart_sig

Used in connection with checkout.

cart_ts

Used in connection with checkout.

checkout_token

Used in connection with checkout.

Secret

Used in connection with checkout.

Secure_customer_sig

Used in connection with customer login.

storefront_digest

Used in connection with customer login.

 

 

Reporting and Analytics

NAME

FUNCTION

_landing_page

Track landing pages.

_orig_referrer

Track landing pages.

_s

Shopify analytics.

_shopify_fs

Shopify analytics.

_shopify_s

Shopify analytics.

_shopify_sa_p

Shopify analytics relating to marketing & referrals.

_shopify_sa_t

Shopify analytics relating to marketing & referrals.

_shopify_uniq

Shopify analytics.

_shopify_visit

Shopify analytics.

_shopify_y

Shopify analytics.

_y

Shopify analytics.

tracked_start_checkout

Shopify analytics relating to checkout.

 

the following Cookies are Necessary in order for this website to properly function. generally, they are placed on site load or as you access sections/features of the website.

NAME

FUNCTION

_Brochure_session

Used in connection with browsing through site.

 

 

Reporting and Analytics

NAME

FUNCTION

_landing_page

Tracks landing pages.

_orig_referrer

Tracks landing pages.

_s

Shopify analytics.

_shopify_fs

Shopify analytics.

_shopify_s

Shopify analytics.

_shopify_sa_t

Shopify analytics relating to marketing & referrals.

_shopify_uniq

Shopify analytics.

_shopify_y

Shopify analytics.

_y

Shopify analytics.

ab_test_3190590030

Shopify analytics.

cart_sig

Shopify analytics.

ki_r

Shopify analytics.

ki_r

Shopify analytics.

ki_t

Shopify analytics.

ki_t

Shopify analytics.

 

Additionally, the following pixels and tags are used from the following third parties, by both OMEBM, and SHOPIFY (our host server platform) which may in turn place cookies:

REPORTING, ANALYTICS, METRIC MEASUREMENT

THIRD PARTY

DESCRIPTION

PRIVACY POLICY

Alexa Metrics

We use Alexa Metrics to help measure how users interact with our website.

https://www.alexa.com/help/privacy

Bugsnag

Shopify uses Bugsnag to help us troubleshoot and fix issues with our websites.

https://docs.bugsnag.com/legal/privacypolicy/

Chartbeat

Shopify uses Chartbeat to help measure how users interact with our websites.

https://chartbeat.com/privacy/

Crazy Egg

Shopify uses Crazy Egg to help measure how users interact with our websites.

https://www.crazyegg.com/privacy

Fullstory

Shopify uses Fullstory to help measure how users interact with our websites.

https://www.fullstory.com/legal/privacy/

Google Analytics

We use Google Analytics to help measure how users interact with our website.

https://policies.google.com/privacy

Hotjar

Shopify uses Hotjar to help measure how users interact with our websites.

https://www.hotjar.com/legal/policies/privacy

KissInsights

Shopify uses KissInsights to help measure how users interact with our websites.

https://signin.kissmetrics.com/privacy/

LinkedIn Analytics

We use LinkedIn Analytics to help measure how users interact with our website.

https://www.linkedin.com/legal/privacypolicy

New Relic

Shopify uses New Relic to help measure how users interact with our websites.

https://newrelic.com/termsandconditions/pr ivacy

Optimizely

Shopify uses Optimizely to help us test improvements or changes to our websites.

https://www.optimizely.com/privacy/

 

MARKETING, Advertising, AD-TARGETING

Bing Ads

We use Bing Ads to deliver targeted advertisements to individuals who visit our website.

https://privacy.microsoft.com/enca/privacystatement

Drift

Shopify uses Drift to help us with conversational marketing to customers while they visit our websites.

https://www.drift.com/privacy-policy/

Facebook Custom Audiences

We use Facebook Custom Audiences to deliver targeted advertisements to individuals who visit our websites.

https://www.facebook.com/policy.php

Google Ads

We use Google Ads to deliver targeted advertisements to individuals who visit our website.

https://policies.google.com/privacy

Google Doubleclick

Shopify uses Google to deliver targeted advertisements to individuals who visit our websites.

https://policies.google.com/privacy

Hubspot

Shopify uses Hubspot to manage their relationships with us.

https://legal.hu bspot.com/privacy-policy

Intercom

Shopify uses Intercom to manage their relationships with our us.

https://www.intercom.com/terms-and-policies#privacy

Snapchat

Shopify uses Snapchat to deliver targeted advertisements to individuals who visit our websites powered by them.

https://www.snap.com/enUS/privacy/privacy-policy/

SourceKnowledge

Shopify uses SourceKnowledge to deliver targeted advertisements to individuals who visit websites powered by them.

http://www.sourceknowledge.com/privacy

 

SOCIAL MEDIA AND CONTENT MARKETING PLATFORMS

THIRD PARTY

DESCRIPTION

PRIVACY POLICY

Disqus

We use Disqus to provide commenting capabilities on posts on our website.

https://help.disqus.com/terms-and-policies/disqus-privacy-policy

Facebook Connect

We use Facebook Connect to allow visitors to our website to interact with and share content via Facebook’s social media platform.

https://www.facebook.com/policy.php

Gravatar

Shopify uses Gravatar to allow visitors to our websites to create avatars.

https://en.gravatar.com/site/privacy

Pinterest

Shopify uses Pinterest to allow visitors to our website to interact with and share content via Pinterest’s social media platform.

https://policy.pinterest.com/en/privacypolicy

Twitter

We use Twitter to allow visitors to our website to interact with and share content via Twitter’s social media platform.

https://twitter.com/en/privacy

Wistia

Shopify uses Wistia to display video content.

https://wistia.com/privacy

 

 

 

Regarding cookie storage

The length of time that a cookie is stored on your access device depends on the type of cookie that is placed. We use two types: a “persistent” cookie or a “session” cookie. Session cookies last until you exit our website and persistent cookies last until they expire or are manually deleted. Generally, most of the cookies used on our websites are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device. We advise visitors to our site to review the information below for more information on how to control cookies and guidance on removing them before they expire.

 

As an end user, you are empowered to control and manage your cookie experience in a multitude of ways. If you choose to take action on cookies, understand that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible. You may not be able to view items or complete purchases with us. Unless you have disabled your cookie acceptance previously on your browsers, most web browsers automatically accept cookies. Controlling your cookie experience starts with accessing your browser control menu, usually under “Tools” or “Preferences”. If you don’t know where to access or how to complete the actions needed to disable cookies, please consult a trusted Information Technology source (a person or a resource). OMEBM does not provide technical assistance nor recommendations facilitating that process for your browser/device. The third party cookies listed above each have links to their privacy policies and you may find options to opt out of their advertising or tracking services via their websites. Additionally, for information related to Shopify’s privacy policy please visit https://www.shopify.com/legal/privacy.

 

 

Access to Personal Information

Except where stated otherwise, OMEBM will not share your Personal Information with any unaffiliated third party without your prior consent or unless required to do by law or legal process.

 

If OMEBM or substantially all of its assets are acquired as a result of an acquisition, merger, sale, reorganization or liquidation, your Personal Information may be one of the transferred assets.

 

Personal Information collected will be transmitted to, stored, and processed in the generally in the United States, and Canada where OMEBM and its affiliates, parent, subsidiaries or agents maintain electronic facilities storage servers, and other related technologies. The geographical location of our host servers, subsidiaries or agents that maintain electronic facilities storage servers, and other related technologies is subject to change at any time. You confirm acknowledgement of this and you affirm your consent that the company and/or partner companies, brands, 3rd party manufacturers, contractors is not required to provide notice of changes at any time, to any party/person/entity.

 

Joint use of Personal Information

The following information will be used jointly by OMEBM, OMEBM LLC and directly owned/relationship managed companies and/or partner companies, brands, 3rd party manufacturers, contractors, along with Shopify Inc., providers of our on-line payment portal), your credit card company and/or partner companies, brands, 3rd party manufacturers, contractors to process payment of your order, in accordance with credit/debit card payment authorization and fraud prevention:

 

Your name and contact details including shipping and billing addresses;

Your credit card information;

The identification of the items you have ordered;

The price paid for the items you have ordered;

Information relating to your device (e.g. IP address, type of operating system)

 

OMEBM operates on the Shopify network for payment processing and is certified Level 1 PCI DSS compliant. For more information on this level of security and payment encryption please visit:

https://www.pcisecuritystandards.org

https://www.shopify.com/pci-compliant

 

Your credit card company and/or partner companies, brands, 3rd party manufacturers, contractors is responsible for their use of your Personal Information and should be contacted directly with regard to any matter regarding their use of your Personal Information.

 

Telephone Calls

All telephone calls to the VIP Customer Services Center will be recorded for training and security reasons and retained for a period determined by OMEBM.

 

Security

OMEBM is committed to protecting the security of your Personal Information. We will employ all reasonable technical and commercial measures to ensure that your Personal Information is held and used securely.

 

Note to minors and children

No part of this site is directed to children under age 13 and we will not knowingly collect personal information from any child under age 13. To register or place an order through the VIP Customer Service Center, you must have reached the age of majority (which in most states is 18 years old) and have legal capacity to enter into a contract. If you are under the age of majority or cannot lawfully enter into a contract, you must advise your parent or legal guardian to review this Privacy Notice and our Conditions of Sale before you register or place an order. Should we discover or be informed that a child has registered his/her or another child's Personal Information, we will delete such information from our records.

 

Note to parents and legal guardians

OMEBM will not intentionally collect Personal Information from persons lacking legal capacity to act. If you, as a parent or legal guardian are concerned that the person you are responsible for has registered for one of our services, wish to cancel their registration and have all details deleted please contact VIP Customer Service for assistance. We reserve the right to request that you write to us providing official documents establishing parental or guardian status.

 

Your Rights

If you request update/redaction/deletion or that OMEBM stop using your Personal Information, OMEBM will deal with such requests in accordance with applicable laws and regulations. The deletion of your Personal Information or a request for OMEBM to stop using it will result in the cancellation of your registration for OMEBM and all directly owned/relationship managed companies and/or partner companies, brands, 3rd party manufacturers, contractors of OMEBM LLC. Taking into the consideration for the requirement for OMEBM to receive personal information in order to fulfill purchase obligations, please understand that your action may prohibit your ability to purchase products online, or in store, from OMEBM, OMEBM LLC, or it’s directly owned/managed companies and/or partner companies, brands, 3rd party manufacturers, contractors past, present and future companies and/or partner companies, brands, 3rd party manufacturers, contractors through creation or acquisition.

 

To properly identify the authenticity of any request concerning Personal Information and/or cancellation of registration to any services, requests are required to be made through VIP Customer Service. Please follow the expressed instructions to contact VIP Customer Service via our secure correspondence platform. Requests of any kind concerning Personal Information may be required to undergo full identity verification of the individual making the request. As a company and/or partner companies, brands, 3rd party manufacturers, contractors, we exercise the highest level of safeguards to protect you and the integrity of your personal information. Per the Terms of Use | Legal, no exceptions/addendums will be made to our established policies/requirements to verify the identity of any individual submitting a request for an update/redaction/deletion of personal information. If you decide to request a copy of your Personal Data, we will provide you a copy of your personal data that you provided to us on site access, purchase, client registration, in store or online. The first copy is provided at no cost, however any subsequent requests for information from OMEBM, OMEBM LLC or its directly owned/managed companies and/or partner companies, brands, 3rd party manufacturers, contractors will be charged a reasonable fee for each request. If you decide to request the deletion of your Personal Information/Data, OMEBM will generally do so as soon as feasible, following all required steps to reasonably verify the identity of the individual making the request. Bear in mind however, that your right to have your Personal Data deleted is subject to exceptions, such as, for example, compliance with a legal obligation or for the establishment, exercise or defense of legal claims. Any individual who willingly initiates any subsequent relationship with OMEBM, OMEBM LLC or its directly owned/managed companies and/or partner companies, brands, 3rd party manufacturers, contractors and purposefully provides personal information/data upon site access, purchase, registration for services, submission of a correspondence form, or client profile, any of those events taking place either in store or online, and initiates a subsequent request for the deletion of personal information/data; you will be charged a reasonable fee for each request.

 

OMEBM takes commercially reasonable steps to protect all individual's personal information, email addresses etc, and maintain the security of this information. We reserve the right to release personal information to protect our payment and security systems or company and/or partner companies, brands, 3rd party manufacturers, contractors, when we reasonably believe you to be in violation of our Terms of Use | Legal or if we reasonably believe you to have initiated or participated in any grey market/fraudulent/illegal activity. In addition, please be aware that in certain circumstances, OMEBM may be obligated to release your personal information pursuant to judicial or other government subpoenas, warrants, or other orders.

 

OMEBM takes precautions in our Retail Stores, at hosted Company and/or partner companies, brands, 3rd party manufacturers, contractors events, through the VIP Customesr 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 and/or partner companies, brands, 3rd party manufacturers, contractors; any transmission or offering of information is at your own risk and we cannot be held liable. By engaging with the company and/or partner companies, brands, 3rd party manufacturers, contractors, you affirm your understanding of this and agree to our policies outlined in our Privacy Policy and Terms of Use | Legal.

 

Our company and/or partner companies, brands, 3rd party manufacturers, contractors strongly encourages education regarding public safety and security on the internet. We sincerely advise you to remember that any information (including personal information) that you disclose in public areas of our Web site, such as article message boards, client reviews of products etc, becomes public information that others may collect, circulate, and use. Because we cannot and do not control the acts of others, you should exercise caution when deciding to disclose information about yourself or others in public areas online such as these.

 

NOTICE TO INTERNATIONAL VISITORS: Individuals located in countries outside of the United States of America who submit personal information do thereby consent to the general use of such information as provided in this PRIVACY NOTICE and to its transfer to and/or storage in the United States of America.

 

General Data Protection Regulation (GDPR) Compliance

If you are a resident of or are located in the European Economic Area (“EEA”), you may also have certain rights under the General Data Protection Regulation (“GDPR”). Personal Data you provide on any of OMEBM LLC’s websites is only collected with your consent, and may be transmitted outside of the EEA to OMEBM, OMEBM LLC (or electronic storage servers maintained for the benefit of OMEBM, OMEBM LLC) pursuant to that consent.

 

In general, under the GDPR you may:

 

  • request access to your Personal Data
  • have incomplete or incorrect data corrected
  • have your Personal Data deleted
  • suspend or restrict our use of your Personal Data, or withdraw your consent
  • request a copy of your Personal Data
  • complain to a supervisory authority if you believe your rights under the GDPR are not being respected

If you decide to request a copy of your Personal Data, we will provide you a copy of your personal data that you provided to us on site access, purchase, client registration, in store or online. The first copy is provided at no cost, however any subsequent requests for information from OMEBM, OMEBM LLC or its directly owned/managed companies and/or partner companies, brands, 3rd party manufacturers, contractors will be charged a reasonable fee for each request. If you decide to request the deletion of your Personal Information/Data, OMEBM will generally do so as soon as feasible, following all required steps to reasonably verify the identity of the individual making the request. Bear in mind however, that your right to have your Personal Data deleted is subject to exceptions, such as, for example, compliance with a legal obligation or for the establishment, exercise or defense of legal claims. Any individual who willingly initiates any subsequent relationship with OMEBM, OMEBM LLC or its directly owned/managed companies and/or partner companies, brands, 3rd party manufacturers, contractors and purposefully provides personal information/data upon site access, purchase, registration for services, submission of a correspondence form, or client profile, any of those events taking place either in store or online, and initiates a subsequent request for the deletion of personal information/data; you will be charged a reasonable fee for each request.

Art 57 section 1 of the GDPR – “1Where requests are manifestly unfounded or excessive, in particular because of their repetitive character, the supervisory authority may charge a reasonable fee based on administrative costs, or refuse to act on the request.

 

Please contact VIP Customer Service if you have concerns regarding your Personal Data, or wish to exercise any of these listed rights.

 

Changes to this Privacy Notice

We may change this Privacy Notice and the updated version will appear in this section.

 

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 and/or partner companies, brands, 3rd party manufacturers, contractors 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 and/or partner companies, brands, 3rd party manufacturers, contractors 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 and/or partner companies, brands, 3rd party manufacturers, contractors. 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 and/or partner companies, brands, 3rd party manufacturers, contractors. 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 and/or partner companies, brands, 3rd party manufacturers, contractors. Any individual who by internal (or external) analysis has been determined to violate our policies or attempts to defraud the company and/or partner companies, brands, 3rd party manufacturers, contractors will be banned permanently from conducting business with the company and/or partner companies, brands, 3rd party manufacturers, contractors or 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. Additionally, any individual who by internal analysis has been determined to violate our policies or attempts to defraud the company and/or partner companies, brands, 3rd party manufacturers, contractors, 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 and/or partner companies, brands, 3rd party manufacturers, contractors 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 and/or partner companies, brands, 3rd party manufacturers, contractors or have successfully circumvented our systems to defraud the company and/or partner companies, brands, 3rd party manufacturers, contractors or abuse our policies for personal or group gain.

You agree that we (or any third party verification company and/or partner companies, brands, 3rd party manufacturers, contractors), 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 and/or partner companies, brands, 3rd party manufacturers, contractors) 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 and/or partner companies, brands, 3rd party manufacturers, contractors in validating any kind of transactional request you make with our company and/or partner companies, brands, 3rd party manufacturers, contractors or 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. You agree that we (or any third party verification company and/or partner companies, brands, 3rd party manufacturers, contractors), 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 and/or partner companies, brands, 3rd party manufacturers, contractors, 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 and/or partner companies, brands, 3rd party manufacturers, contractors against any kind of loss.

 

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 and/or partner companies, brands, 3rd party manufacturers, contractors 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 and/or partner companies, brands, 3rd party manufacturers, contractors or direct affiliated companies and/or partner companies, brands, 3rd party manufacturers, contractors. This policy is without exception and by accessing any website owned by OMEBM LLC or conducting business with any companies and/or partner companies, brands, 3rd party manufacturers, contractors referenced as one in the same with OMEBM LLC, you provide your consent/agreement to 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.