Effective May 12, 2017
Updated May 4, 2018
We are stoked you have chosen to use the OMF On MY Feet LLC mobile application and/or other products and services. Or as we like to call them, the “Services”.
We have created these Terms of Service, or the “Terms”, so you understand the rules that govern our relationship with you. Even though we tried to keep the legal jargon at a minimum, the Terms will still read like a traditional contract. Be sure to read them carefully as these Terms form a legally binding contract with you and OMF. (OMF On My Feet LLC)
By using our Services, you are agreeing to the Terms. No brainer here but if you don't agree with the Terms, simply don't use the services.
ARBITRATION NOTICE: AT SOME POINT DURING YOUR READING OF THE TERMS, YOU WILL COME UPON THE ARBITRATION CLAUSE. EXCEPT FOR SPECIFIC TYPES OF DISPUTES EXPLAINED IN THE ARBITRATION CLAUSE, YOU AND OMF ON MY FEET LLC AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, AND YOU AND OMF ON MY FEET LLC WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OF CLASS-WIDE ARBITRATION.
When you create an account with us, you guarantee that you are above the age of 13 or the legal minimum age in your country or jurisdiction and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
By using our service, you agree that:
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The General Data Protection Regulation (GDPR) takes effect on May 25, 2018, and creates consistent data protection rules across Europe. It applies to companies (regardless of where they are based) who process personal data about individuals in the EU.
While many of the principles build on current EU data protection rules, the GDPR has a wider scope, more prescriptive standards and substantial fines. For example, it requires a higher standard of consent for using some types of data and broadens individuals' rights with respect to accessing and porting their data.
Businesses who advertise with OMF can continue to use our platforms and solutions in the same way they do today. Each company is responsible for ensuring their own compliance with the GDPR, just as they are responsible for compliance with the laws that apply to them today.
As things go, we like many other apps depend on advertising and promotions to support our application. You hereby agree that OMF On My Feet LLC, our affiliates, and our third party partners may place advertisements or promotional information on the Service or on, about, or in conjunction with your Content.
You agree that we may not announce paid services, sponsored content, or commercial communications as such.
Since OMF On My Feet LLC has a public forum for you to share content through, it is up to you to determine what you create, upload, post, send, or receive. In addition to that, the license you grant OMF to use your content depends on which of the Services you use.
Basically, you own the content you post, but grant OMF and our affiliates the ability to use that content that you post i.e. your voice, face, name, and likeness without compensation from OMF, our affiliates, or business partners in any such way.
OMF On My Feet LLC loves to hear from our users. Having said that, it is not OMF’s policy to accept content, information, ideas, suggestions. If you deny that policy and therefore volunteer any feedback or suggestions that OMF deems useful, OMF On My Feet LLC is not liable to compensate you for the use of those suggestions.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our Copyright Agent via email at: [email protected]
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of OMF On My Feet LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of OMF On My Feet LLC.
Our Service may contain links to third party web sites or services that are not owned or controlled by OMF On My Feet LLC
OMF On My Feet LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that OMF On My Feet LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
You agree to defend, indemnify and hold harmless OMF On My Feet LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
In no event shall OMF On My Feet LLC , nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
OMF On My Feet LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND OMF ON MY FEET, LLC. TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
You may opt out of this agreement to arbitrate. If you do so, neither you nor OMF can require the other to participate in an arbitration proceeding. To opt out, you must notify OMF in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
On My Feet OMF LLC ATTN: Arbitration Opt-out 3606 North 156th Street #332 Omaha, NE 68116
You must include your name and residence address, the email address you use for your OMF account, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with OMF.
You agree that any claim you may have arising out of or related to your relationship with OMF must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Except to the extent they are preempted by U.S. federal law, the laws of Nebraska, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.
Terms and Conditions of On My Feet