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Terms and Conditions

Terms & Conditions

  • The use of OMCgear.com ("OMCgear"), and its affiliated websites is governed by the following legal notices and conditions. By using OMCgear and its affiliated Websites, you agree to these conditions. All resources on the site are provided on an "as-is" and "as available" basis.
  • Last updated July 2019
  • Links on the internet
    • Some of the links we make available to you through our website will redirect you to leave our website(s).
    • We cannot guarantee that the hyperlinks set out on our website(s) will be accurate in any respect.
    • Moreover, the third party websites accessed through these hyperlinks are developed and maintained by person(s) or entities over which we have no control.
    • We cannot and do not monitor the websites linked to our pages on the Internet.
    • Accordingly, we assume no responsibility for the content of any website referenced to by any hyperlink or otherwise, and do not warrant the content of these websites in any manner or respect.
    • These links are provided only for your convenience, and their inclusion does not constitute or imply approval or endorsement by OMCgear or their sites or their content.
  • Communicating with OMCgear
    • Communications between you and OMCgear may be done electronically.
    • We may send you communications from us electronically, whether by e-mail, by posting notices on the website, or other electronic means.
    • You agree that any such electronic communications are considered to be communications in writing.
    • You should not send personal information such as addresses or credit card information by e-mail.
  • Intellectual Property Disclaimer
    • All content included on the website, including but not limited to text, graphics, logos, images, audio clips, data compilations, software, as well as the compilation of the website content, is the property of OMCgear or its suppliers and protected by United States and international copyright laws.
    • OMCgear graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of OMCgear in the United States and/or other countries.
    • These trademarks and trade dress may not be used in any manner prohibited by law or prohibited by OMCgear, including but not limited to any manner likely to cause confusion among customers or to disparage or discredit OMCgear.
    • There may be other trademarks not owned by OMCgear appearing on the website. Those trademarks are the property of their respective owners, who may or may not be affiliated with OMCgear.
  • GDPR
    • OMCgear is GDPR compliant. If you would like any information removed please contact us at admin@omcgear.com.
  • User Generated Content
    • Any comments, reviews, posts, feedback, questions, answers, notes, messages, images, video, audio, materials, ideas, suggestions or other communications you submit on OMCgear are not private or proprietary.
    • By submitting User Content to, on or through OMCgear, you grant OMCgear and its affiliates an irrevocable, royalty-free, worldwide, perpetual right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works based upon such User Content, in any form, media, software or technology of any kind now existing or developed in the future.
    • By submitting such User Content on or through OMCgear, you are confirming that (a) you are the sole author of the User Content and the User Content originated with you and was not copied in whole or in part from any other work; (b) you have obtained all necessary permissions associated with the User Content, including without limitation permissions relating to copyrights, trademarks, rights of publicity and/or rights of privacy; (c) the User Content does not contain hate speech or profanity and is not libelous, obscene or otherwise in violation of this Agreement, and (d) that you are not a minor and have the legal right and capacity to enter into and comply with these Terms.
    • By submitting any such User Content on or through OMCgear, you grant OMCgear permission to use your name, alias and any other information (as provided by you) to attribute such User Content to you.
    • Without limiting the generality of the previous sentence, and subject to our Privacy Policy, you authorize OMCgear and its affiliates to share the User Content across all affiliated Web sites, and to use your name and any other information in connection with its use of such User Content.
    • You also grant OMCgear and its affiliates the right to use any material, information, ideas, concepts, know-how or techniques contained in such User Content. We are not responsible for the similarity of any of our Content or programming in any media to User Content submitted by you. Any and all rights granted in this section are granted without the need for any compensation to you in any form.
    • Any compensation to you is non-binding and may be modified, amended or removed at any time or any reason.
  • Site Access & License
    • We do not warrant that our site will always be free from defect or errors. We do not offer any sort of reimbursement for any hardship or inconvenience that might be the result of using our website.
    • OMCgear grants you a limited license to use its websites for personal use only.
    • You may not copy or reproduce the website, or any portion of it, without OMCgear's express written consent.
    • In addition, OMCgear grants you a limited, revocable, and non-exclusive right to create a hyperlink to OMCgear's website, so long as the link does not portray the website, or the company in part or whole, in a misleading, derogatory, false, or otherwise offensive manner.
  • Product Descriptions, Pricing and Images
    • OMCgear makes every effort to ensure that all our prices are accurate and described correctly. In the event of a human error, OMCgear shall have no obligation to fulfill the order and will at our sole discretion either contact you to determine weather you would like to proceed with the order, or cancel the order.
  • Cookies & Persistant Shopping Cart
    • OMCgear utilizes cookies placed on your computer to remember certain settings and configurations. OMCgear will only access the cookies placed on your system by OMCgear, we will not access your other cookies for data collection or tracking. Our cookies are primarily used to keep track of your login information when you use the "remember me" feature. The secondary feature is to remember the items you have placed into your shopping cart.
  • Your Account on OMCgear.com
    • Your account is private, and should not be shared.
    • You are responsible for keeping it that way.
    • You are responsible for orders placed with your account and any fraudulent delivery or returns generated with your account.
  • Risk of Loss, Returns and Title
    • All items you purchase from OMCgear are pursuant to a shipment contract.
    • This means that the risk of loss and title for such items pass to you upon delivery to the shipping carrier.
    • Orders that specify in-store pickup are passed to you when an order is classified as "pulled".
    • OMCgear does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, OMCgear does not take title to the refunded item. For more information about our returns and refunds, please see our Return Policy.
  • Applicable Law
    • The law of the State of Oregon and federal law to the extent applicable governs the use of OMCgear sites. Any claim which qualifies to be filed in a court of law will be heard exclusively in the Oregon State Court, Multnomah County, Oregon.
  • Disclaimer
    • OMCgear disclaims all warranties, expressed or implied, including, but not limited to this site, information, content, materials, products, or services made available to you through this site, servers, or electronic communications sent from OMCgear.
    • This site and all information, content, materials, products and services included or otherwise made available to you are provided by OMCgear on an "as-is and "as available" basis, unless otherwise specified in writing.
    • OMCgear makes no representations or warranties of any kind, express or implied as to the operation to this site.
    • Certain state laws do not allow limitation or implied warranties or the exclusion or limitation thereof. If these laws apply to you, some of the above exclusions or disclaimers may not apply to you and you may have additional rights. If you do have additional rights, we would like you to know you may also have additional lefts associated with them.