Terms and Conditions

Terms AND CONDITIONS

Last modified: July 31, 2018

Acceptance of the Terms and Conditions

These Terms and Conditions are entered into by and between you and omCAKIom, llc, a Colorado limited liability company (“Company”, “we” or “us”). The following Terms and Conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms and Conditions”), govern your access to and use of omCAKIom.com and any related websites, including any content, functionality, and services offered on or through such websites (collectively, the “Website”).

Please read these Terms and Conditions carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy, found at https://omcakiom.com/privacy-policy/ and incorporated herein by reference. If you do not want to agree to these Terms and Conditions or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users located in the United States who are eighteen (18) years of age or older. In addition, you may not use the Website if any applicable law or regulation prohibits it. By using this Website, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Website.

Changes to the Terms and Conditions

We may revise and update these Terms and Conditions from time to time in our sole discretion. All modifications and amendments will become effective thirty (30) days after notification. You agree that the date of notification is the earlier of (i) the date the new terms are posted on the Website, or (ii) the date the new terms are emailed or otherwise provided to you. Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page regularly so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

User Account

In order to access certain features on the Website or purchase products, you may be required or permitted to create a user account (a “User Account”). If you choose to create such a User Account, you are responsible for keeping your password a secret. We are not responsible for your use of the Website, and by using the Website you take full responsibility for your actions relating to your use of the Website. You agree to notify us immediately if you suspect or learn of any unauthorized use of your User Account. You also agree that you will not use another person’s User Account or attempt to impersonate another user of the Website or any other third party.

Products and Pricing

If you choose to purchase any of the products available for sale on the Website, you represent and warrant that your purchase and use of the products is and will be in compliance with all applicable laws and regulations. We are not responsible for any typographical errors, which specifically includes those relating to the price or size of an item. In addition, many of the descriptions of products on the Website contain our personal beliefs and experiences. We do not warrant that any descriptions on the Website are accurate, complete, current, or error-free, or that our products are scientifically proven to do what we believe they can.

The price and availability of any products contained or referenced on the Website are subject to change at any time and without notice. Prices are at all times subject to availability and nothing herein shall constitute an “offer to sell.” We at all times reserve the right to limit the quantity of any item sold or to refuse a requested order altogether. We will ship all products order to the address you designate as long as that shipping address is compliant with the shipping restrictions contained on this site. Risk of loss and the title for products purchased from us pass to you upon delivery of the items to the carrier. Returns of products are governed by our return policy available here.

Sometimes the products offered on our Website may have been produced or manufactured by third parties. We have no responsibility for examining or evaluating such products and we do not assume any responsibility or liability for the actions, products, and content of any third parties.

You are solely responsible for all use of products purchased through the Website or otherwise provided by us. Our products are not intended to be used by children without adult supervision and we are not liable for any such use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms and Conditions permit you to use the Website for your use only. You must not reproduce, distribute, copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the terms omCAKIom, omCAKIom, LLC, and High Vibe Modern Magic, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Conditions and Conditions

You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. In addition to any other requirements in these Terms and Conditions, by accessing or otherwise using the Website you agree:

You will comply with these Terms and Conditions and all applicable laws and regulations associated with the use of the Website, and will not use the Website for any unlawful or tortious purpose.
You will not act in an abusive, obscene, offensive, harassing, inflammatory, discriminatory or otherwise objectionable manner.
You will not modify any portion of the Website or its related technologies. You will not disable, circumvent, or interfere with the property working of the Website or the security features the Website provides, or the features that limit copying or use of content on the Website. You will not upload any viruses or files intended to harm the hardware of the Company or a third party to the Website.
You will not access the Website through the use of an automated system, including, but not limited to, robots, spiders, data mining, or similar methods; provided, however, that commercial search engines may use such technology solely in connection with the creation of publicly available search indexes.

User Contributions

The Website may contain comments, product reviews, message boards, and other interactive features (collectively, “Interactive Services”) that allow you and other users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with these Terms and Conditions and we reserve the right to remove any User Contributions in our sole discretion, but we have no obligation to monitor or control the posting and Conditionsr Contributions.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above; and all of your User Contributions do and will comply with these Terms and Conditions. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion, and take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms and Conditions.

While we reserve the right to approve all material before or after it is posted on the Website, we cannot ensure prompt removal of objectionable material. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information, or whether it is up-to-date. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. We are under no obligation to update the Website.

Linking to the Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

Links from the Website

The Website may contain links to other sites and resources provided by third parties. These links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions and Conditions for such websites.

Geographic Restrictions

The owner of the Website is based in the state of Colorado in the United States. We provide this Website for use only by persons located in the United States and you may not access this Website from outside the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS AND CONDITIONS, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE LAWS OF CERTAIN STATES AND COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions or your use of any information or materials obtained from the Website.

Governing Law and Jurisdiction; Costs and Attorneys’ Fees

All matters relating to the Website and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the Website, and which is not required to be submitted to arbitration as set forth below, shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado, in each case located in the City and County of Denver. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Any dispute, claim or controversy arising out of or relating to the negotiation, execution, and performance of these Terms of Use, including, without limitation, any alleged contractual, statutory, or tort claims, regardless of whether such claims are brought at law or in equity, and any dispute regarding the arbitrability of such issues (each, a “Dispute”), shall be determined by binding arbitration pursuant to the Colorado Revised Uniform Arbitration Act, C.R.S. § 13-22-201, et seq., and in conformance with the Commercial Arbitration Rules of the AAA. The location of any and all arbitration proceedings shall be Denver, Colorado. Any such dispute, controversy or claim shall be determined by one (1) arbitrator selected by mutual agreement of you and us. If we are not able to expeditiously agree upon the arbitrator, an arbitrator shall be determined by striking names from a list of potential arbitrators provided by the AAA. Any and all arbitrators selected shall be independent of you and us. Any questions regarding the arbitrability of a Dispute or the claims asserted therein shall be resolved by the Arbitrator. Arbitration shall be conducted expeditiously as time shall be deemed to be of the essence in determining any matters subject to arbitration. The decision or award of the arbitrator shall be final and binding upon you and us to same extent and to the same degree as if the matter had been adjudicated by a court of competent jurisdiction. The costs and expenses of the arbitration and of the prevailing Party (including reasonable attorneys’ fees) shall be paid by the non-prevailing Party. The Parties expressly incorporate the bar on punitive damages set forth in C.R.S. § 13-21-102(5) and each Party knowingly waives any alleged right to recover an award of punitive damages from the other regardless of the nature of the Dispute.

Notwithstanding the foregoing, we shall be entitled to seek any remedy available at law or in equity necessary to preserve or protect our interests, or to ensure compliance with the obligations of these Terms of Use, including a temporary restraining order, preliminary and/or temporary injunctive relief and specific performance, until the arbitration award is rendered or the controversy is otherwise resolved, without having to arbitrate and without need to post any bond. If we commence any such action or proceeding against you, the prevailing Party shall be entitled to recover all reasonable costs and expenses, including without limitation reasonable attorneys’ fees.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Copyright Infringement and the Digital Millennium Copyright Act

In accordance with the Digital Millennium Copyright Act (“DMCA“), and specifically 17 U.S.C. § 512(c)(3), a copyright agent has been designated to receive notification of a claimed copyright infringement for the Website. If you are a copyright owner or an agent of a copyright owner and believe your copyrighted work is being infringed on by any User Contributions posted on the Website, please notify our copyright agent at: Catherine Cook, omCAKIom, llc, info@omcakiom.com. When notifying us of the alleged copyright infringement, please be sure to include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Website to locate the material.
Information reasonably sufficient to permit the Website to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you neglect to provide all of the requested information or otherwise comply with this section and DMCA, your notice may not be valid. In addition, if you file a notice containing false information, you may be liable for damages and your actions may constitute perjury. Upon receipt of a valid notice, we will remove the offending material and notify the Website user who posted the infringing User Contribution.

If you have posted User Contribution that is removed, and you believe such removal was a mistake or that you have the necessary licenses or permissions to post the User Contribution, you may send the copyright agent designated above a counter-notice. According to DMCA (17 U.S.C. § 512(g)(3)), the counter-notice must contain the following information:

Your physical or electronic signature.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the Company may be found, and that you will accept service of process from the person who provided the original notification or an agent of such person.

After receiving such a counter-notice, we may send a copy of it to the party who sent the original notice. If the owner of the copyright does not file a court action, the Company, in its sole discretion, may replace or restore the removed User Contribution ten (10) or more days after receiving the counter-notice.

Additional Terms

These Terms and Conditions constitute the entire agreement between you and the Company and supersede any prior understanding or agreements, oral or written. All captions, titles, headings, and divisions in these Terms and Conditions are for purposes of convenience and reference only, and shall not be construed to limit or affect the interpretation of the Terms and Conditions. You may not assign or delegate any of your rights or obligations under these Terms and Conditions. The Company may assign these Terms and Conditions at its sole discretion, without notice, and at any time. No waiver of any default or breach of any agreement or provision herein contained shall be deemed a waiver of any other default or breach thereof or of any other agreement or provision herein contained. If any provision or portion of a provision of these Terms and Conditions is declared void and/or unenforceable, such provision or portion shall be deemed severed from these Terms and Conditions, which shall otherwise remain in full force and effect. The provisions of these Terms and Conditions shall inure to the benefit of, and be binding on, you and the Company and yours and its successors, assigns, employees, legal representatives, heirs, distributees, and transferees, by operation of law, whether or not any such person shall become a party to these Terms and Conditions or have agreed in writing to join or be bound by the terms and conditions of these Terms and Conditions.

Your Comments and Concerns

This website is operated by omCAKIom,llc at 2994 S. Columbine Street, Denver, CO 80210.

All other feedback, comments and other communications relating to the Website should be directed to: info@omcakiom.com.