TERMS AND CONDITIONS OF ACCESS AND USE
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern OMCM's relationship with you in relation to this website. The term "OMCM" also known as OMCM Embroidery & Design Inc., "our", "us" or "we" refers to the owner of the website.
This Terms and Conditions of Use Agreement describe the terms and conditions and the general principles applicable to your access and use of this OMCM site, an OMCM site, the OMCM sites, or any other related computer network. If you do not agree to these terms and conditions of access and use, you should not access or use any OMCM site.
An OMCM site may adopt terms and conditions of use particular to the purpose of a particular OMCM site. The separate terms and conditions, if any, of a particular OMCM site, shall control in the event of a conflict with this Agreement. Otherwise, this Agreement shall apply to the entire network of OMCM sites, and control its access and use.
Upon entering an OMCM site, you agree to accept by all the terms and conditions of this Agreement and the Privacy Policy, which include those terms and conditions set out below and those incorporated by reference. OMCM may change this Agreement and the Privacy Policy from time to time by updating this page. You should check this page to ensure your understanding of such changes. Your continued use of an OMCM site following the changes or modifications will constitute your acceptance of such changes or modifications.
General Terms
Use of Site:
Subject to your agreement to the terms and conditions of this Agreement including the Privacy Policy which is incorporated herein by reference, OMCM grants you a limited non-exclusive revocable license to access and make personal and non-commercial use of this OMCM site, provided you do not modify, alter, or download (other than page caching) any portion of it unless otherwise specifically provided herein or you have obtained written authorization in advance from OMCM. The permission granted to you shall terminate automatically and immediately if you breach any of the terms and conditions set forth in this Agreement. OMCM reserves the right to modify or remove any materials, products, or services listed on this OMCM site at any time without further notice. All rights not expressly granted herein, are expressly reserved by OMCM.
Prohibited Use of Site:
You will not make any commercial use of this OMCM site or its contents, product listings, descriptions, or prices. You further agree not to download or copy any content or product information for the benefit of any third party or use any data mining, robots, or similar data gathering and extraction tools. This OMCM site, or any portion of this site such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, trademarks and software, may not be reproduced, duplicated, copied, displayed, sold, resold, visited, or exploited for any commercial purpose without prior written consent of OMCM. You agree not to interfere, disrupt, or attempt to gain unauthorized access to this OMCM site, an OMCM site, the OMCM sites, or any other related computer network. You further agree not to disseminate, store, or transmit viruses, Trojan horses, or any malicious code or program or engage in any other activity deemed by OMCM to be in conflict with the intent of this Agreement. You agree to use this site only for lawful purposes. Unauthorized use of this website may give to a claim for damages and/or be a criminal offence.
Compatibility:
You will be solely responsible for providing, maintaining, and ensuring compatibility with this site including all hardware, software, electrical and other physical requirements for your use of this OMCM site, including, without limitation, telecommunications, Internet access connections, web browsers or other equipment, and programs and services required to access and use this OMCM site.
Freight Charges:
OMCM's method of delivery is UPS which does not allow us to deliver to PO Boxes. The delivery charge varies depending on the size and weight of the item. These charges will be included in the Shipping and Handling of your order if applicable. Special rates apply to Hawaii, Alaska and International locations.
Pricing:
Although we make every effort to ensure accuracy, a small number of the items on our site may be miss-priced. We cannot confirm the price of an item until your order enters the shipping process, nor will we charge your credit card, if applicable, until your order enters the shipping process. (Please note that your Order Confirmation means that your order request has been received; it does not mean that your order has been shipped or that the price of an item has been confirmed.)
Returns:
We are certain you will be satisfied with your purchase. However, if your merchandise is defective, the Return Policy is stated below. Should you decide to return your product purchased online at OMCM, the product must be shipped back to us in the original packaging. Please note that you will be responsible for paying the shipping charge for any item returned to OMCM. For your protection we suggest all returns be sent back by a traceable carrier such as UPS or Registered or Insured USPS. OMCM is not responsible for product lost or damaged in shipment. In addition, shipping charges are non-refundable.
- The product must be returned within thirty (30) calendar days of purchase.
- The product must be returned unused, complete and in its original packaging, unless there is a manufacturer's defect.
- The product being returned must be accompanied with a copy of the original invoice.
Privacy:
OMCM does not sell or rent your personal information to third parties for their marketing purposes without your consent and we only use your information as described in the Privacy Policy. OMCM Privacy Policy
Submission of Confidential or Personal Information:
Do not use this OMCM site as a means of submitting information you consider to be confidential or proprietary, unless you are placing an order in which case some personal information is required. Except in a written agreement with OMCM applicable to your particular use of an OMCM site, any submission of material by you will be considered a contribution to OMCM for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Accordingly, you agree that any material, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, photos, original or creative materials or other information, provided by you in the form of e-mail or submissions to OMCM, or postings on this OMCM site, are non-confidential (subject to the OMCM Privacy Policy) and shall become the sole property of OMCM. OMCM shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of this material for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any material to OMCM irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.
Links:
Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over the content or nature other websites. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
If a third party links to our site, it is not necessarily an indication of endorsement, affiliation, relationship, or sponsorship by or with OMCM. OMCM may not even be aware that a third party has linked to our site. In addition, you may not create a link to this website from another website or document without OMCM's prior written consent.
Website Disclaimer:
The information contained in this website is for general information purposes only. The information is provided by OMCM and while we try to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is strictly at your own risk. We therefore reserve the right to correct any errors, inaccuracies or omissions and change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability.Every effort is made to keep the website up and running smoothly. However, OMCM takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website.
Waiver:
No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise in any given instance shall constitute a waiver of any kind, nor shall such waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
Law:
This Agreement is made in and shall be governed and construed by the laws of the State of Minnesota, United States of America, without reference to conflicts of laws. If you access this OMCM site from locations outside Minnesota or the United States, you are voluntarily and purposefully availing yourself of the laws of the State of Minnesota, United States of America, and you are solely responsible for compliance with all your local laws. Access to this OMCM site from locations where this OMCM site's contents may be unlawful is prohibited. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable
Forum:
All actions, claims, or disputes arising under or relating to this Agreement shall be brought in the federal or state courts located in Anoka County, Minnesota. You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in Anoka County, Minnesota. You hereby irrevocably waive any and all objections which you may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in Anoka County, Minnesota and to the laying of venue of any such suit, action, or proceeding brought in any such federal or state court in Anoka County, Minnesota.
Entire Agreement:
This Agreement constitutes the complete and exclusive statement of the agreement between the parties and supersedes any and all prior communications, representations, statements and understandings, whether oral or written, between the parties.