Terms of service

Overview

Welcome to Osomni! The terms “we”, “us” and “our” refer to Osomni LLC. Osomni operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Osomni is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

Section 1 - Access and Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign or license your account to any other person.

Section 2 - Our Products

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to how they appear or are rendered in our online stores.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

Section 3 - Orders

When you place an order, you are making an offer to purchase. Osomni reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Osomni confirms acceptance.

We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Osomni may be unable to accommodate cancellation requests after an order is accepted.

In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address, billing address and/or phone number provided at the time the order was made.

Returns, refunds, replacements and other post-purchase remedies are governed by our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

Section 4 - Prices and Billing

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.

Unless otherwise expressly stated, posted prices do not include applicable taxes or shipping charges.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties.

We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that:

the payment information you provide is true, correct and complete;
you are duly authorized to use the payment method for the purchase; and
you will pay charges incurred by you at the posted prices, including applicable shipping charges and taxes.

Section 5 - Shipping and Delivery

Delivery times are estimates only and are not guaranteed. Delays may occur due to carriers, weather, operational issues or other events outside our reasonable control.

If an order is lost, materially delayed, damaged in transit or otherwise affected by a delivery issue, please contact us at support@osomni.com and we will handle the issue in accordance with our Shipping Policy and Refund Policy.

Risk of loss transfers to you upon delivery to the shipping address provided, subject to applicable consumer protection laws.

Section 6 - Intellectual Property

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Osomni, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material on the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright or other intellectual property of Osomni, Shopify or any third party.

Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Osomni.

Osomni’s names, logos, product and service names, designs and slogans are trademarks of Osomni or its affiliates or licensors. You must not use such trademarks without the prior written permission of Osomni.

Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

Section 7 - Optional Tools

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control or input over.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.

We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider.

We may also, in the future, offer new features through the Services, including the release of new tools and resources. Such new features shall also be deemed part of the Services and are subject to these Terms.

Section 8 - Third-Party Links

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access.

If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites or your purchase or use of any products, services, resources or content on third-party websites.

Please review third-party policies and practices carefully before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the applicable third party.

Section 9 - Relationship With Shopify

Osomni is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make in our store are made directly with Osomni.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Osomni, including any injury, damage or loss resulting from purchased products and services.

You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with Osomni, to the extent permitted by applicable law.

Section 10 - Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify’s privacy practices.

By using the Services, you acknowledge that you have read our Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services.

Information you submit to the Services may be transmitted to and shared with Shopify and other third parties, including parties located in countries other than where you reside, in order to provide services to you.

Please review our Privacy Policy for more information about how we, Shopify and our partners use personal information.

Section 11 - Feedback

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use.

We may use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under these Terms.

You also represent and warrant that:

you own or have all necessary rights to the Feedback;
you have disclosed any compensation or incentives received in connection with your submission of Feedback; and
your Feedback complies with these Terms.

We are under no obligation:

to maintain your Feedback in confidence;
to pay compensation for your Feedback; or
to respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, or violates any party’s intellectual property rights or these Terms.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right.

You further agree that your Feedback will not contain unlawful, abusive or obscene content, or any computer virus or other malware that could affect the operation of the Services or any related website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback.

You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for Feedback posted by you or any third party.

Section 12 - Errors, Inaccuracies and Omissions

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order, subject to applicable law.

Section 13 - Prohibited Uses

You may access and use the Services for lawful purposes only.

You may not access or use the Services, directly or indirectly:

for any unlawful or malicious purpose;
to violate any international, federal, provincial, state or local law or regulation;
to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
to harass, abuse, insult, harm, defame, slander, disparage or intimidate any person;
to transmit false or misleading information;
to send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms;
to transmit or procure the sending of advertising or promotional material, including junk mail, chain letters, spam or similar solicitation;
to impersonate or attempt to impersonate another person or entity; or
to engage in conduct that restricts or inhibits another person’s use or enjoyment of the Services, or that may harm Osomni, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to:

upload or transmit viruses or other malicious code;
reproduce, duplicate, copy, sell, resell or exploit any portion of the Services;
collect or track the personal information of others;
spam, phish, pharm, pretext, spider, crawl or scrape; or
interfere with or circumvent the security features of the Services or any related website.

We reserve the right to suspend, disable or terminate your account or access to the Services if we determine that you have violated these Terms.

Section 14 - Termination

We may terminate this agreement or your access to the Services, or any part thereof, in our sole discretion at any time, subject to applicable law.

You will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

Section 15 - Disclaimer of Warranties

The information presented on or through the Services is made available for general information purposes.

We do not warrant the accuracy, completeness or usefulness of this information.

Any reliance you place on such information is at your own risk.

Except as expressly stated by Osomni, and to the fullest extent permitted by applicable law, the Services and products offered through the Services are provided “as is” and “as available,” without any representation, warranties or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

We do not guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure or error-free.

Some jurisdictions limit or do not allow certain warranty disclaimers, so some of the above exclusions may not apply to you.

Nothing in these Terms excludes or limits any warranty, guarantee or consumer right that cannot legally be excluded or limited.

Section 16 - Limitation of Liability

To the fullest extent permitted by applicable law, Osomni, our partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors, and Shopify and its affiliates, will not be liable for indirect, incidental, punitive, special or consequential damages arising from your use of the Services or products procured through the Services, including lost profits, lost revenue, lost savings, loss of data or similar damages.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.

Section 17 - Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Osomni, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to a third party due to or arising out of:

your breach of these Terms or documents incorporated by reference;
your violation of applicable law or the rights of a third party; or
your misuse of the Services.

We will notify you of any indemnifiable claim where reasonably practicable.

We may control the defense and settlement of such a claim, provided that we will not agree to a settlement imposing non-monetary obligations on you without your consent, which will not be unreasonably withheld.

You agree to reasonably cooperate in the defense of any indemnified claim.

Section 18 - Severability

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law and the unenforceable portion will be deemed severed from these Terms.

Such determination will not affect the validity and enforceability of the remaining provisions.

Section 19 - Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

These Terms, together with any policies or operating rules posted by us on the Services, constitute the entire agreement and understanding between you and us concerning your use of the Services and supersede prior or contemporaneous agreements, communications and proposals relating to the Services.

Any ambiguities in the interpretation of these Terms will not be construed against the drafting party except where applicable law requires otherwise.

Section 20 - Assignment

You may not delegate, transfer or assign these Terms or any rights or obligations under them without our prior written consent, and any attempted assignment contrary to this section will be void.

We may transfer, assign or delegate these Terms and our rights and obligations subject to applicable law.

Section 21 - Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to conflict-of-law principles.

However, nothing in these Terms limits any consumer rights that may apply under the laws of your country, state or province of residence.

Any dispute arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Laramie County, Wyoming, unless applicable law provides otherwise.

You consent to the personal jurisdiction of such courts to the extent permitted by applicable law.

Section 22 - Headings

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

Section 23 - Changes to Terms of Service

You can review the most current version of these Terms at any time on this page.

We reserve the right to update, change or replace any part of these Terms by posting updates to our website.

Where required by applicable law, we will provide notice of material changes.

Changes will become effective on the date stated in the applicable notice or, where no notice is required, when posted.

Your continued use of the Services after any changes become effective constitutes acceptance of the updated Terms, to the extent permitted by applicable law.