Terms & Conditions of Use

LAST UPDATED: Sept. 1, 2019

Please read these Terms & Conditions of Use (the "Agreement") carefully before using this website.   

If you have any objections to this Terms & Conditions of Use, you should immediately discontinue use of the website. 

By using any of the following websites you agree to be bound by this Agreement: 

Applicable to www.OMIANA.com or any of the associated OMIANA potential ambassador-related websites, blogs, or pages on Facebook, Google+, Twitter, YouTube, Pinterest, any other social media platform, etc.

OMIANA, an EPIC BEAUTY, INC, company, doing business as OMIANA, under the laws of the State of Texas, U.S.A. (referred to herein as "OMIANA," “the Company,” “we,” “us” and “our”), reserve the right to modify, without providing prior notice to you, this Agreement and/or related Services, in whole or in part, from time to time at our sole discretion. The content of the pages of this website is for your general information and use only.  It is subject to change without notice. Any such changes will be effective immediately upon posting. You can determine when this Agreement was last revised or modified by referring to the "LAST UPDATED" legend at the top of this Agreement. You should always check this Agreement prior to using the OMIANA WEBSITES. Your continued use of the OMIANA WEBSITES and Services following the posting of changes to this Agreement will mean that you accept those changes. If the modified Agreement is not acceptable to you, your only recourse is to cease using all OMIANA websites and services. You may contact info@OMIANA.com with questions about the terms and conditions of this Terms and Conditions of Use Agreement.

These Terms, along with policies and guidelines located throughout the website identify what users ("Users") of the WEBSITE can expect. Your use of the Website is governed by the policies, terms, and conditions set forth below. Please read them carefully. By accessing any areas of the website, submitting an order for products or services to OMIANA, or submitting content to the Website, you indicate your acceptance of and agreement to be bound by the Terms below. If you do not agree to these Terms, please do not use this Website, do not submit any orders for products or services on this Website, and do not submit content to this Website. These Terms shall supersede any prior or subsequent Terms included with any communications, agreement, purchase order, or invoice, whether or not such Terms are signed by OMIANA. When you visit OMIANA or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. OMIANA reserves the right to make changes to this Website and to these Terms at any time.

OMIANA TERMS & CONDITIONS OF USE

These terms and conditions govern your access to and use of any OMIANA website.

This is an agreement ("Agreement") between you and OMIANA / EPIC BEAUTY, INC, company whose principal address is Epic Beauty, Inc., 700 Lavaca #1400, 91123, Austin, TX 78701, United States. Your access and use of the website is further subject to any other written agreement between you and OMIANA, the terms of which are incorporated herein by reference and which control in the event of a conflict.

ELIGIBILITY TO USE THE WEBSITE

You represent and warrant that you (i) are fourteen (14) years of age or older (please see our privacy policy for more information about age restrictions) and (ii) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party.  If you are under the age of 18, you may make purchases only with the involvement of a parent or guardian. All purchases must be made either (i) by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live); or (ii) by minors with the permission of a parent or guardian to purchase items on the website, to the extent permitted by law.

REGISTRATION

If you choose to provide any information or fill out any forms on the website, you agree to (i) provide true, accurate, current, and complete information; and (ii) maintain and promptly update the information you provide to OMIANA in order to keep your profile true, accurate, current, and complete.  OMIANA reserves the right to use a third party/parties (e.g., Facebook) to assist in any aspect of the registration process.

LIMITED LICENSE & RESTRICTIONS ON US

OMIANA grants you a revocable, non-exclusive, non-transferable, limited right to access and use the website for your personal use to make purchases and/or to seek information* and/or social engagement, provided that you comply fully with this Agreement, as well as any other rules, procedures, policies, terms, or conditions that govern all or any portion of the website. At any time and for any reason OMIANA may revoke your right to use all or any portion of the website. You shall not do any of the following:

--  Modify, delete, copy, reproduce, repackage, publish, broadcast, license, transmit, distribute, display, perform, redeliver, frame, create derivative works from, participate in the transfer or sale of, post on the web, or exploit the website, or any portions thereof, including, without limitation, any text, images, articles, photographs, illustrations, audio, video clips, graphics, interfaces, information, data, tools, products, and other content or other materials on, generated by or obtained from the website (together, "Content"), without our express written permission

--  Violate or attempt to violate the security of the website in any way through any means or device including, without limitation, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of this Agreement

--  Decompose, decompile, reverse engineer, disassemble, or otherwise deconstruct all or any portion of the website; or

-- Remove any copyright, trademark, or other proprietary notice or legend contained on (or printed from) the website.

*Use of this site means that you understand that all material put forth by OMIANA is for educational/informational purposes only: The statements made about products have not been evaluated by the U.S. Food and Drug Administration. Research findings, anecdotes, and declarations may not be applicable to all. OMIANA content and products are not claiming to diagnose, treat, cure, or prevent any condition or disease. Statements, recommendations, and information herein should be addressed by your physician.

CONTRIBUTED CONTENT & RESTRICTIONS ON POSTING

In connection with your use of this website, you may have occasion to upload or otherwise contribute ideas, comments, editorials, writings, communications, drawings, images, data, or other types of content ("Contributed Content") to the website. OMIANA does not and cannot review all such content and is not responsible for such content.

You acknowledge that by providing the ability to view and distribute user-generated content on the Site, OMIANA is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. By submitting any user-generated content, you represent and warrant that: (a) you are the sole creator and/or author of any such content including any intellectual property rights therein, or before posting, you obtained from the copyright owner the right to use and authorize OMIANA to use; (b) you hereby waive any moral rights you may have in such user-generated content; (c) all such content is true and accurate; and (d) you are the person appearing in any photograph or content uploaded. In any event, OMIANA reserves the right to block or remove communications or materials that it determines to be unacceptable to OMIANA in its sole discretion.

You grant to OMIANA a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit any Contributed Content that you post on or through the website, and any ideas or original materials contained in such communications, in all media now known or hereafter developed. You waive all rights you may have to inspect and/or approve of any use by OMIANA of any Contributed Content. You waive all rights to any claim against OMIANA for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Contributed Content. You agree and understand that OMIANA is under no obligation to use any Contributed Content in any way whatsoever. 

Contributed Content is not guaranteed by OMIANA as to accuracy, completeness, or usefulness, and OMIANA does not endorse any Contributed Content. It is the responsibility of the website users to evaluate the accuracy, completeness, or usefulness of any Contributed Content. The information contained in this website is for general information purposes only. The information is provided by OMIANA, and while we strive 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 therefore strictly at your own risk. 

You agree not to upload, post, or otherwise make available on the website, whether Contributed Content or otherwise:

--  Any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. You agree and acknowledge that you have the burden of determining whether any material is or is not protected by copyright;

--  Any material that is discriminatory, sexually explicit, racist, obscene, libelous, defamatory, threatening, harassing, abusive, hateful, or otherwise injurious to third parties (such as any content that would violate the privacy or publicity rights of others);

--  Any material that would mislead as to the origin of your Contributed Content, such as by impersonating any person or entity, living or dead;

--  False, inaccurate, or misleading information, opinions, or notices (commercial or otherwise) or chain letters;

--  Advertisements or solicitations of business; or

--  Trade secrets (unless you own them or have the owner's express permission to post them).

By submitting Contributed Content, you warrant that the owner of such Contributed Content has expressly granted to OMIANA a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such Contributed Content and any ideas or original materials contained in such communications, in all media now known or hereafter developed. You also permit any other user of the website to access, view, store, or reproduce the Contributed Content for that user's personal use.

OMIANA has the right, but not the obligation, to monitor any content posted on our website to determine compliance with our Terms of Use and/or to satisfy any law, regulation, or government request.

OMIANA has the right, at its sole discretion, to edit, refuse to post, or remove any Contributed Content submitted to or posted on the OMIANA Websites including, but not limited to, content that is unlawful, threatening, libelous, defamatory, obscene, pornographic, graphic, or otherwise objectionable. 

AFFILIATES

Affiliates must also agree and abide by these terms. 

INTERACTIONS

You alone are responsible for your involvement with other users. If you have a dispute with one or more users, you irrevocably and forever release OMIANA (and OMIANA's officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. 

ELECTRONIC COMMUNICATIONS

When you visit this Site, send emails to info@OMIANA.com and related (social networks included), or when we post notices on our site or services or communicate with you via email, you are communicating with us electronically. This section informs you of your rights when receiving electronic communications from us. By accessing and using the Site, you consent to receive communications from us electronically. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with OMIANA. 

We may also use your email address to send you other messages, such as changes to features of our service, newsletters, and additional email messages about our products, services, contests, and promotions that we feel may be of interest to you. If you no longer wish to receive these types of promotional communications from us, you may unsubscribe at anytime.

Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption. 

PASSWORD & USER IDS

At times you may be required to register and may be prompted to enter a user ID and password and/or to connect with Facebook, Twitter, etc. You may be supplied with other methods required to access OMIANA Websites and/or your account, such as an activation code. You are solely responsible for the confidentiality and security of your Access Methods. You are responsible for all activities that occur under your Access Methods and/or account and may not share your login details with others. OMIANA is not obligated to inquire as to the authority or propriety of any use of, or action taken under, your Access Methods and/or account, or any other security breaches you become aware of. You must immediately notify OMIANA of any actual or suspected loss, theft, or unauthorized use of your Access Methods. Even so, OMIANA will not be responsible for any loss to you that arises from any use of your account or your Access Methods or from your failure to comply with these provisions. 

OWNERSHIP; INTELLECTUAL PROPERTY POLICY; INFRINGEMENT NOTICE

OMIANA owns, controls, licenses, or has the right to use and provide the website and all Content on the website. This material includes but is not limited to the design, layout, look, appearance and graphics. Reproduction is prohibited. You agree to abide by any and all copyright notices, information, or restrictions displayed on the website. 

The website may also contain trademarks, service marks, brand names, certification marks, collective marks, DBAs, Internet domain names, logos, symbols, trade dress, assumed names, fictitious names, trade names, and other indicia of origins (collectively, "Marks") that are owned by OMIANA, and you may not use any such marks without OMIANA's written permission.

HOW TO ORDER MERCHANDISE THROUGH THE SITE

After placing an order, you will receive an email from OMIANA acknowledging that OMIANA.com has received your order (generally, "Order Confirmation").  OMIANA is not obliged to supply any other products, which may have been part of your order in a separate Order Confirmation. OMIANA reserves the right to cancel your order at any time where there has been an obvious error in price or where the product is no longer in inventory.

GIFT CARDS

Gift cards have no cash value. Gift cards are not redeemable for cash, subject to state and local laws, please contact us. Gift Cards cannot be purchased with a promo or discount code.

PRICES & AVAILABILITY OF PRODUCTS

Prices and availability of products on the website are subject to change without notice. Errors will be corrected when discovered. The website contains a large number of products and it is always possible that, despite OMIANA's best efforts, some of the products listed on the website may be incorrectly priced and/or logged as inventory. If a product's actual price is higher than the price stated on the website, OMIANA will normally, at OMIANA's discretion, either contact you for instructions before completing the order and delivering the product, or it will reject your order and notify you of such rejection. OMIANA is under no obligation to provide the product to you at the incorrect (lower) price, even if OMIANA has sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error. 

On occasion,you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted but where the product is no longer available. Under such circumstances you agree that OMIANA may cancel without penalty your order after you have received an Order Confirmation.

On very rare occasions you may receive a Shipping Confirmation from OMIANA but the product is no longer available, whether out of stock temporarily or no longer carried. You agree that OMIANA may rescind OMIANA's acceptance and cancel your order without penalty if OMIANA is unable to ship the product you ordered due to unavailability.

COLORS/SHADES

The colors and photos shown on the Site may be influenced by the settings of your computer or your monitor; please consider them tentative and subjective and order samples when possible prior to full-sized product. OMIANA makes no guarantees that any actual colors of products or features will be true or accurate, although we do our best to convey them as accurately as possible. Photos taken within OMIANA and its affiliated third parties are the copyrighted property of EPIC BEAUTY, INC. 

SHIPPING

Upon receipt of the Shipping Confirmation from OMIANA, shipping or fulfillment of all orders placed on the website shall be solely governed by OMIANA's shipping terms. The term shipping includes the commencement of shipping items in an order for multiple purchases or where the item purchased consists of components that must be shipped separately. For example, your order may consist of (i) several different items; (ii) a quantity of the same items; or (iii) a single item with several component parts the size of which might require them to be shipped in separate packages. In all such orders, OMIANA will endeavor to ship out individual packages together so that they arrive at the same time; however, when that is not possible, OMIANA will ship individual packages in the order they are available and conditions permit. In these instances any notification to you that your order has shipped marks the time when shipping of an individual item has commenced; it does not mean that all items in the order have shipped at that time. All packages sent have a separate tracking number and may be followed via the Shipping Confirmation email tracking links. You agree that your credit card or debit card may be charged on the date of inventory reservation for the order placed with OMIANA, not necessarily upon shipping of the order.

OMIANA reserves the right to prevent purchases and not conduct transactions with customers in certain countries. Free shipping offers apply to US orders only. In the event that you, as a customer, require International Shipping, you are solely responsible for any customs, duties, or any other taxes or fees associated with International Shipping, and OMIANA will have no responsibility for paying any such taxes or fees.

RETURN/EXCHANGE POLICY

OMIANA accepts exchanges and returns within 30 days from the order date (limited to 3 exchanges over three months for the same product). For returns within the United States exchanges and returns can be initiated through OMIANA's Exchange or Return link (https://omiana.returnly.com/). Exchanged and returned merchandise must be sent back to OMIANA. By using OMIANA's exchange/refund link, a prepaid shipping label will be sent to the email address associated with your order. OMIANA pays the shipping back to OMIANA within the United States for exchanges only. For refunds, you pay the shipping back to OMAINA. You are responsible for the shipping to you each time. Once the merchandise to be exchanged or refunded is received at OMIANA store credit equal to the price paid for the product(s) will be emailed to you in the form of a re-shop code for exchanges and a credit will be issued to your form of payment minus the shipping label cost for refunds. To redeem the store credit, log onto omiana.com and place a new order for the replacement product at your convenience. Use the re-shop code to access your store credit at checkout.​ Merchandise with less than 90 percent of the product remaining, altered, or damaged will not be accepted for return. Expenses incurred by you to receive the merchandise, to include shipping, insurance, customs duty or any other related fees will not be reimbursed for returns. Merchandise must be returned in accordance with the instructions for return included with shipped merchandise. Any costs incurred with returns shipped by alternate means will not be reimbursed. International/non-USA returns must email info@omiana to receive a return authorization (RA) to initiate a return. Once an RA is issued via email, International/non-USA are responsible for creating and paying for your own shipping label including all shipping expenses, packaging, insurance, fees, taxes, customs, and duties. International/non-USA exchanges and returns are to be sent to Omiana Exchanges/Returns, 28241 Crown Valley PKWY, Suite F251, Laguna Niguel, CA 92677. On international orders, refunds will not include any customs or import duties, brokerage fees, taxes paid, or related on shipments.

RISK OF LOSS

All items purchased via the website are made pursuant to OMIANA's terms of purchase contained in the Shipping Confirmation. Accordingly, the risk of loss and title for items purchased pass to you upon tender of the item by OMIANA to the carrier, or as otherwise provided in the Shipping Confirmation.

LINKS

This website may include links to other websites. These links are provided  for your convenience to provide further information; they do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s): OMIANA is not responsible for information on any third-party website that is referred in, accessible, or connected by hyperlink to the website. If you access any third-party website through this website or otherwise, you do so at your own risk. Hyperlinks to or from this website do not constitute third-party endorsement of, sponsorship by or affiliation with OMIANA.

You may not create a link to this website from another website or document without OMIANA's prior written consent. 

PRIVACY POLICY 

Personal non-public information that OMIANA gathers from you is governed by OMIANA's Privacy Policy. Use of the site means you expressly consent to the terms and conditions of the Privacy Policy, viewable here.

UNAVAILABILITY OF THE WEBSITE

OMIANA is not liable for any technological problems regarding the website and any impact that it may have. All or any portion of the website may not be available and may not function properly at any time. OMIANA makes reasonable efforts to avoid technological problems, but at any time the website may have and may cause technological problems such as viruses and other damaging computer programming routines or engines. OMIANA takes reasonable efforts to ensure that the website is secure, but OMIANA does not guarantee the security of the website. OMIANA is not liable for any defects, delays, or errors in or resulting from your use of the website. If the submission of Works to this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

WARRANTY DISCLAIMERS

The information contained in this website is for general information purposes only. The information is provided by OMIANA , and while we strive 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 therefore strictly at your own risk. 

Use of this site means that you understand that all material put forth by OMIANA is for educational/informational purposes only: The statements made about products have not been evaluated by the U.S. Food and Drug Administration. Research findings, anecdotes, and declarations may not be applicable to all. OMIANA content and products are not claiming to diagnose, treat, cure, or prevent any condition or disease. Statements, recommendations, and information herein should be addressed by your physician.

OMIANA DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE WEBSITE THAT THE LAW ALLOWS IT TO DISCLAIM. THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS. WITHOUT LIMITING OUR GENERAL DISCLAIMER, OMIANA DOES NOT WARRANT THE SECURITY, AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE WEBSITE OR ANY PART OF THE CONTENT. OMIANA HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

OMIANA does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. OMIANA does not make any warranties or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

LIABILITY, INDEMNITY, LIMITS OF LIABILITY 

You agree to indemnify, defend, and hold harmless OMIANA, its officers, directors, employees, agents, licensors, suppliers, etc., from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your membership (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account. You are responsible for protecting and not disclosing your user name and password to others. Your use of any information or materials on this website is entirely at your own risk, for which  we shall not be liable. It shall be your own responsibility to ensure that any products, services  or information available through this website meet your specific requirements. 

Neither OMIANA nor any third parties provide any warranty or guarantee as to the accuracy,  timeliness, performance, completeness or suitability of the information and materials found  or offered on this website for any particular purpose. You acknowledge that such information  and materials may contain inaccuracies or errors and we expressly exclude liability for  any such inaccuracies or errors to the fullest extent permitted by law. OMIANA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OMIANA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OMIANA DOES NOT WARRANT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM OMIANA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OMIANA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE PRODUCTS OR SERVICES ADVERTISED, DISPLAYED OR SOLD ON THIS SITE OR INABILITY TO USE THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

OMIANA'S LIABILITY WITH RESPECT TO THE WEBSITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT WILL OMIANA OR ANY AFFILIATES, PARTNERS, AGENTS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, ARISING OUT OF THIS AGREEMENT, THE WEBSITE, OR THE INABILITY TO USE THE WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, EVEN IF OMIANA, OR AN AUTHORIZED REPRESENTATIVE, HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES OR IF ANY REMEDY YOU HAVE FAILS IN ITS ESSENTIAL PURPOSE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER OMIANA, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. (Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.)

YOU WILL BE RESPONSIBLE FOR ANY LIABILITY TO OMIANA THAT ARISES OUT OF YOUR BREACH OF THIS AGREEMENT OR YOUR USE OF THE WEBSITE. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS OMIANA AND ITS AFFILIATES, PARTNERS, AGENTS, EMPLOYEES, AND THIRD-PARTY SOURCES AGAINST ANY AND ALL SUITS, LOSSES, CLAIMS, DEMANDS, LIABILITIES, DAMAGES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) THAT ARISE FROM OR RELATE TO: YOUR USE OF THE WEBSITE, YOUR BREACH OF THIS AGREEMENT, YOUR VIOLATION OF ANY APPLICABLE LAW, STATUTE, ORDINANCE, REGULATION, OR OF ANY THIRD-PARTY RIGHTS, CLAIMS ASSERTED BY OR BETWEEN YOU AND ANY PARTNER OR PARTNERS, OR CLAIMS ASSERTED BY THIRD PARTIES WHICH, IF PROVEN, WOULD PLACE YOU IN BREACH OF THIS AGREEMENT.

APPLICABLE LAW

This Agreement is governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of laws' provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate State or Federal court located in the State of Texas and you hereby irrevocably consent to the jurisdiction of such courts.

SEVERABILITY

If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of this Agreement shall remain in full force and effect.

ASSIGNMENT

OMIANA may assign this Agreement in whole or in part at any time without your consent. You may not assign this Agreement or delegate any of your obligations under this Agreement. Any purported assignment of this Agreement in violation of its terms is void.

FORCE MAJEURE

OMIANA shall not be deemed to be in breach of this Agreement and shall have no liability hereunder if its obligations are delayed or prevented by any reason of any act of God, war, fire, floods, earthquakes, natural disaster, accident, riots, acts of government, civil disturbance, terrorist act, shortage of materials or supplies, failure of any transportation or communication system, non-performance of any of your third-party providers (including, without limitation, the failure or performance of internet service providers) or any cause beyond its reasonable control.

YOUR CONSENT FOR NOTICES

You agree that OMIANA has the right to send you certain information in connection with the website. OMIANA may send you this and any other information in electronic form to the e-mail address you specified when you created an account through the website. You may have the right to withdraw this consent under applicable law, but if you do, OMIANA may cancel your rights to the website. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the website, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the website. To unsubscribe from OMIANA notices you agree you are no longer an active Agent and have requested to unsubscribe via the standard “Unsubscribe” option posted in our mailings.

AVAILABILITY OUTSIDE OF THE UNITED STATES

The Content or the Contributed Content may not be available for use outside of the United States. OMIANA makes no representation that any Content or any Contributed Content is appropriate or available for use outside the United States, its territories, possessions, and protectorates. If you choose to access the website from other locations, you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.