I. GOVERNMENT MANDATED WARNINGS AND RESTRICTIONS
a. NICOTINE WARNING: OMPH PROJECT PRODUCTS CONTAIN LIQUID NICOTINE AND SHOULD BE KEPT OUT OF THE REACH OF CHILDREN. YOU MUST BE AT LEAST 18 YEARS OF AGE AND OF THE LEGAL AGE IN JURISDICTION TO BUY OR USE ANY OMPH PROJECT PRODUCT. NICOTINE IS A HIGHLY ADDICTIVE SUBSTANCE DERIVED FROM TOBACCO, USE OF WHICH MAY CAUSE SERIOUS ILLNESS AND/OR DEATH. LIQUID NICOTINE IS HARMFUL WHEN IT COMES IN DIRECT CONTACT WITH THE SKIN. SHOULD THIS OCCUR, THE AREA OF SKIN SHOULD BE WASHED IMMEDIATELY UPON CONTACT WITH SOAP AND WATER. SHOULD THE NICOTINE BE SWALLOWED OR PLACED IN THE MOUTH, IMMEDIATELY SEEK MEDICAL ATTENTION DUE TO THE RISK OF NICOTINE POISONING.
b. SURGEON GENERAL’S WARNING: SMOKING IS KNOWN TO CAUSE LUNG CANCER, HEART DISEASE, EMPHYSEMA, AND MAY COMPLICATE PREGNANCY.
c. FDA WARNING: NEITHER THE FOOD AND DRUG ADMINISTRATION (FDA) NOR ANY OTHER HEALTH OR REGULATORY AUTHORITY HAS NOT EVALUATED THE SAFETY OF OMPH PROJECT PRODUCTS OR ANY OF THE STATEMENTS MADE BY OMPH PROJECT. AS WITH TRADITIONAL CIGARETTES, OPMH PROJECT PRODUCTS ARE NOT APPROVED BY THE FDA. OPMH PROJECT PRODUCTS DO NO TREAT, DIAGNOSE, OR CURE ANY DISEASE, PHYSICAL AILMENT, OR CONDITION. DO NOT USE OMPH PROJECT PRODUCTS IF YOU ARE ALLERGIC TO NICOTINE OR OTHER INHALANTS, IF YOU ARE PREGNANT OR BREASTFEEDING, OR IF YOU HAVE A HEART-CONDITION, DIABETES, HIGH BLOOD PRESSURE, OR ASTHMA. IF YOU EXPERIENCE ANY SIDE EFFECTS OR POSSIBLE SIDE EFFECTS, STOP USING OMPH PROJECT PRODUCTS IMMEDIATELY AND CONSULT A PHYSICIAN. OMPH PROJECT PRODUCTS MAY BE POISONOUS IF ORALLY INGESTED AND ARE NOT INTENDED TO TREAT, PREVENT OR CURE ANY DISEASE OR CONDITION. PLEASE KEEP OUT OF REACH OF CHILDREN AND PETS. THESE PRODUCTS ARE NOT SMOKING CESSATION PRODUCTS AND HAVE NOT BEEN TESTED OR GUARANTEED AS SUCH. OMPH PROJECT IS NOT RESPONSIBLE FOR ANY DAMAGE OR PERSONAL INJURY CAUSED BY INAPPROPRIATE, INCORRECT, OR IRRESPONSIBLE USE OF OUR PRODUCTS.
d. CALIFORNIA PROPOSITION 65 WARNING: OMPH PROJECTS PRODUCTS CAN EXPOSE YOU TO (A) CHEMICALS, INCLUDING NICOTINE, KNOWN TO THE STATE OF CALIFORNIA TO CAUSE BIRTH DEFECTS OR OTHER REPRODUCTIVE HARM, AND (B) CHEMICALS, INCLUDING FORMALDEHYDE AND ACETALDEHYDE, KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER.
e. LITHIUM ION BATTERY WARNING: OMPH PROJECT DOES NOT SELL E-CIGARETTE HARDWARE OR VAPING HARDWARE; HOWEVER ITS PRODUCTS MAY BE USED IN CONJUNCTION WITH DEVICES CONTAINING A LITHIUM ION BATTERY. LITHIUM ION BATTERIES ARE VERY SENSITIVE TO CHARGING CHARACTERISTICS AND MAY EXPLODE IF MISHANDLED. USER SHOULD HAVE ENOUGH KNOWLEDGE ON LITHIUM ION BATTERIES IN CHARGING, DISCHARGING, AND ASSEMBLY BEFORE USE. CHARGE AND STORE THE LITHIUM ION BATTERIES IN FIRE-PROOF CONTAINER. NEVER LEAVE LITHIUM ION BATTERIES UNATTENDED WHEN CHARGING OR WHILE IN USE. DO NOT PUT LITHIUM ION BATTERIES ON WOOD SURFACE OR CARPET WHEN CHARGING. MAKE SURE TO CHARGE IN FIRE-PROOF CONTAINER.WE ARE NOT RESPONSIBLE FOR ANY DAMAGE CAUSED BY MISUSE OR MISHANDLING OF LITHIUM ION BATTERIES.
f. SALE IN THE EU: OMPH PROJECT OFFERS E-CIGARETTE LIQUIDS. THESE PRODUCTS ARE MADE AVAILABLE TO CONSUMERS LOCATED IN THE EUROPEAN UNION ONLY: i) VIA AUTHORIZED WHOLESALERS AND RETAILERS LOCATED IN EUROPEAN UNION COUNTRIES WHO INTEND TO ULTIMATELY RESALE THE PRODUCT TO CONSUMERS LOCATED IN THE EUROPEAN UNION AND DIRECTLY WHERE RELEVANT; ii) UNDER SPECIFIC TERMS AND CONDITIONS OF SALE ESTABLISHED BY OMPH PROJECT, WHICH ARE SUBJECT TO CHANGE FROM TIME TO TIME; iii) TO THE EXTENT OF THE INVENTORY IN STOCK; AND iv) TO THE EXTENT SALE AND IMPORT IS LAWFUL IN RELEVANT EU COUNTRIES UNDER ARTICLES 20, 30(B), 2(40) OF DIRECTIVE 2014/40/EU AND OTHER RELEVANT LAW.
g. CONTENT DISCLAIMER: ALL INFORMATION ON THE OMPH PROJECT WEBSITE IS FOR INFORMATION USE ONLY BE ADULTS OF AT LEAST 18 YEARS OF AGE. OMPH PROJECT CANNOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THE OPMH PROJECT WEBSITE. INFORMATION PUBLISHED ON THE OPMH PROJECT WEBSITE IS NOT MEDICAL ADVICE NOR SHOULD IT BE USED IN LIEU OF ANY ADVICE PROVIDED BY A LICENSED MEDICAL PROFESSIONAL OR HEALTH CARE PROVIDER. LIKEWISE, INFORMATION ON THE OMPH PROH DOES NOT PROVIDE LEGAL COUNSEL OR LEGAL ADVICE.
II. Use of Website
a. Compliance with Agreement: By using this website, you agree that you are at least 18 Years old, can legally form a binding contract under applicable law, and agree to all terms and conditions listed in this Agreement and to comply with any applicable laws or restrictions in your jurisdiction governing the use or purchase of nicotine products.
b. Prohibited Conduct: When using this website you are prohibited from (i) infringing any patent, copyright, right of publicity, trademark, trade secret, or any other right of any party; (ii) defaming, abusing, harassing, stalking and individual, or disrupt or interfere with the security or use of the website, any related services, or any of the websites linked to this Website; (iii) interfering or damaging this website or related services which include without limitation, the use of viruses, Trojan horses, cancel bots, flood pings, harmful code, packet or IP spoofing, denial of attacks, forged routing or electronic mail address information or similar methods of technology used in a malignant manner; (iv) attempting to use another person’s user account, impersonating another entity or person, misrepresentation of your affiliation with another entity or person, and this includes, without limitation, the Website or the creation of a false identity; (v) attempting to obtain unauthorized access to this website or portions of the website that are restricted from general access; (vi) engaging, whether in a direct or indirect manner, in the transmission of “spam,” junk mail, chain letters, or any other type of unsolicited solicitation or material; (vii) collecting, manually or through an electronic and/or automatic process, information regarding any other user(s) without their express consent, or other information relating to the website or the services; (viii) using any meta tags, or any other “hidden text” that may utilize OMPH Project name, any trademarks, or product names; (ix) advertising, offering to sell, or the selling of any goods or services, except as it may be expressly permitted by the website; (x) engaging in any activity that may interfere with any third party’s ability to use or enjoy the website or services; (xi) assisting any third party that may be engaging in any of these activities prohibited by this Agreement; or (xii) deep link to portions of the website, frame, inline link, or similarly display any OMPH Project property, which includes without limitation, the website.
c. Electronic Communications: If you send OMPH Project an email, or log into our website, you are communicating with us an electronic format.This gives OMPH Project the permission to communicate back to you in the same electric format, either by email or text written on our website. With this, we both mutually agree that any contracts, agreements, disclosures or notices, or any other communication that is provided to you by OMPH Project satisfies all legal notification requirements.
d. Content You Create: When you choose to post, store, or transmit any content or information on or to the website, you are hereby granting us a non-exclusive, worldwide, perpetual, royalty-free, sub-licensable, right and license to use, display, copy, perform, intentionally create derivative works from, transmit, distribute, have distributed, and sublicense such content in any form, in any form of media currently used/ known or hereinafter created, anywhere in the world it may occur. You are hereby irrevocably waiving any claims that may be made based on moral rights or similar theories, if any truly exist. As an adult, legally able to use this Website, you are solely responsible for you interactions with other users of the site and any of the content you create and post. OMPH Project will not be held liable for any of the damage or harm that occurs as a result of any content you create, or those which may occur as a result of your interactions with other users of the website. We reserve the right, but are not obligated in any way, to monitor the actions of users; you as well as others, including interactions, on the website. We reserve the right to restrict access, restrict availability or to take any action we deem necessary in controlling materials that we or other users of the website consider to be lewd, lascivious, obscene, filthy, excessively violent, harassing, or in any way otherwise objectionable (and this includes without limitation, because it violates this Agreement).
e. Accuracy of Information: OMPH Project attempts to ensure that all information provided on this website is accurate and complete, however it is possible that this information may contain irregularities such as typographical errors, pricing errors, and other inaccuracies or errors. OMPH Project assumes no responsibility for these errors and omissions, and reserves the right to: (i) revoke any offer that has been states on the website; (ii) correct any of these inaccuracies, errors, or omissions; and (iii) makes any necessary revisions or changes to prices, content, promotions, descriptions of product or specifications, or any other type of information on the website.
f. Copyright and Intellectual Property Rights: All content included on this site, such as text, graphics, photos, logos, button icons, images, audio clips, digital downloads, data compilations, are protected by United States and International copyright laws. No portion of the information on this website may be copied or reproduced in any form, or by any means, without prior written permission from OMPH Project. Users or visitors are not permitted to modify, distribute, publish, transmit, copy or create derivative works of any material found on this site or any OMPH Project publication for any public, private, or commercial purpose.
g. Third Party Websites: This website may contain links to other websites on the Internet owned and operated by third parties. We have no control of the information, services, or products available on these third party sites. The inclusion of links to these sites is not meant to imply our endorsement of the website, or any association with the website owners/ operators. Because OMPH Project maintains no control over such websites and resources, you are in agreement that OMPH Project is: (i) not responsible or liable in any way for the availability or the operations of these external websites; and (ii) not responsible or liable for any material located on or available on these websites for the protection of your data by third parties. Once you leave this website, OMPH Project cannot guarantee the protection or safety of information elsewhere. Should you participate or have dealings with any in way, participations in promotions offered by advertisers on the website, and this includes the payment and delivery of these goods or services, and any other terms, conditions, warranties, or representations associates with these dealings and/or promotions, such interactions are between you and the applicable advertiser/ third party. OMPH Project shall not be responsible or whatsoever liable, directly or indirectly, for any loss or damages caused by the usage or reliance on any such material available on or through any site or dealings or promotions.
c. Permission to Use Website: This website is intended for the use of adults only. This website, in no way whatsoever, has been intended, designed, or manipulated to attract the attention of users under the legal smoking age. OMPH Project do not collect data which may be considered personally identifiable from any person known to be below the legal smoking age. This website clearly states that is not intended for those under the legal smoking age, and furthermore, OMPH Project instruct those individuals to not send us information.
d. International Use of Website: The information contained on this site is restricted to users in the United States. Regarding users in other countries, it is highly advisable not to disclose your personal information on this website. The data, which you transmit, is sent to a server in the United States. By sending personal information and data to this website, you are agreeing to be bound by the laws of the United States.
e. Information We Collect From You: The information OMPH Project collects from you varies, depending on the ways you use our website, and not all browsing results in the collection of data, personal or otherwise. It is highly possible you may browse our site without submitting any personal information however there are instances where submitting information, such as your name, address, email address, credit or debit card information, and other personal information is required to use certain features or receive products and services. Besides the information you choose to submit, OMPH Project systems are programmed to collect certain types of data automatically on an anonymous level. This is done to provide insight on the website is being used, as well as to help OMPH Project understand how they may improve it in the future. This typically entails automatically gathering data such as any of the content you view on our website.
f. Use of Your Information: When you provide personal information, it is used to customize your online experience on the website. Information you send to use, such as age, occupation, ZIP code, or other data may be used to offer personalized content, beneficial advertisements, products, and additional services that are most likely going to appeal to you based on the information given. OMPH Project uses personal information to respond directly to requests you make, as well as reference information OMPH Project may need to better understand your needs, and how OMPH Project may be able to improve their services, products, and website. OMPH Project may also use this personal information to contact you and/or provide information it deems may be useful to you, such as promotions. There is also a possibility OMPH Projects may enhance or merge this information with data we obtain from third parties for these same intended purposes. OMPH Projects may also send you promotional and/or administrative communications via the email address you have provided. You can unsubscribe from commercial e-mail messages, but you may not be able to unsubscribe from certain non-commercial, administrative communications.
i. Your Options Regarding the Usage of Your Personal Information: (i) You always hold the option to not provide personal information, even if it is necessary to take part in OMPH Project offers or website features; (ii) You have the option to alter, add to, or update certain information sent to OMPH Projects, however when information is updated OMPH Projects may retain a copy of the original version in their records; and (ii) If you wish not to receive commercial email communications from OPHM Projects, of if you want to check your personal information, please feel contact OMPH Projects or unsubscribe to commercial e-mail messages using the unsubscribe link provided.
k. Security of Your Personal Information: OMPH Project recognizes and understands your concerns on the subject of safety and security regarding your personal information. OMPH Project strives to employ reasonable measures to protect your information as well as the overall security of the website. OMPH Project also requests that any third parties we are affiliated with, whom we may transfer your information to take the same or comparable steps to protect your information and security. With that said, it should be noted that even with such advanced technology, no website is 100% secure.
m. California Privacy Rights: Under California Law, California residents have the right to receive, once per year, information about third parties with whom we have shared information about you for their marketing purposes during the previous calendar year, and a description of the categories of personal information shared. To make such a request, please contact OMPH Projects with the phrase “California Privacy Request” in the subject line, and provide your name, address, and email address. Responses will be sent within 30 days of the receipt of your message.
IV. PURCHASE OF OUR PRODUCTS
a. Regular Purchases: The price of OMPH Projects products may vary and you can expect that they will be disclosed adjacent to the product on the website. You can expect that your credit card will be billed for this amount on the date your order is placed, and it will appear as a separate transaction on your billing statement. Please understand that you manifest YOUR AGREEMENT to ordering any of our products as well as to this immediate charge by clicking any button containing the words of confirmation including ‘Submit’ ‘Confirm my Order’ ‘Confirm This Purchase’ ‘Yes Please’, ‘I Agree’, ‘Rush My Order’, or similar syntax, whether you have read this Agreement or not.
b. Sales Tax: Most purchases are subject to sales tax; expect to see it charged on your order total. Should you purchase any products available on the OMPH Project Website, you are explicitly responsible for paying any of the applicable sales tax indicated on the website.
c. Fraud: OMPH Project reserves the right, to actively report and/ or prosecute actual and suspected credit card fraud. Should there be a need to, it is in their discretion to require you to provide additional authorization from you such as telephone confirmation of your order, and possibly other information as well. OMPH Project also reserve the right to cancel, delay, refuse the shipment of, or recall form the shipper any order they suspect is fraudulent. During the ordering process, OMPH Project captures certain information, and this includes date, time, IP address, and other information that is used to locate and identify individuals who are committing fraud. Should any order through our website be suspected of fraud, OMPH Project reserves the right, though undertakes no obligation, to present all records, with or without subpoena, to all necessary law enforcement agencies as well as to the credit card company for the investigation of fraud. OMPH Project also reserves the right to cooperate with the authorities to prosecute offenders to the fullest extent of the law.
d. Delivery Confirmation: You agree that any delivery confirmation (and that includes those that which do not warrant a signature) provided by the shipping provider you have selected is deemed sufficient as proof of delivery to you as the credit card holder responsible for this transaction.
e. Refund and Return Policy: (i) You agree that all sales are final, and no refunds will be offered for any purchases. (ii) For domestic (United States-based) purchases, OMPH Project may allow you to exchange a product for a similar product offered in the same line, however you are responsible for the cost of your own return shipping. (For instance, if you purchase a product from the Primitive Vapor Co line, you may be able to replace it with another flavor from the Primitive Vapor Co line.) Contact the OMPH Project for more information and to process your return. (iii) Due to prohibitive shipping costs, there are no returns on international orders. (iv) This policy is at the sole discretion of OMPH Project and is subject to change and/or discontinuation without notice.
f. Warranty: OMPH PROJECT OFFERS ABSOLUTELY NO WARRANTIES FOR ANY OF ITS PRODUCTS AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, ESPECIALLY THOSE WHICH INCLUDE WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A SPECIFIC PURPOSE, MERCHANTABILITY, AS WELL AS NON-INFRINGEMENT. ALL OMPH PROJECT PRODUCTS, SERVICES, AND THIS WEBSITE ARE OFFERED ON A STRICTLY ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. OMPH PROJECT DOES NOT REPRESENT OR WARRANT THAT ANY/ALL OMPH PROJECT PRODUCTS, SERVICES, AND THIS WEBSITE: (i) WILL BE OFFERED IN AN UNINTERRUPTED OR SECURE MANNER, (ii) WILL BE ENTIRELY PERFECT; FREE OF DEFECTS, ERRORS, OR INACCURACIES, (iii) WILL PRECISELY OR EXPLICITLY MEET YOUR PERSONAL STANDARDS OR REQUIREMENTS, OR (iv) WILL OPERATE PERFECTLY IN THE CONFIGURATION OR WITH OTHER HARDWARE/ SOFTWARE YOU ARE USING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OMPH PROJECT HEREBY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL USE, MISUSE, ABUSE, NON-OMPH PROJECT MODIFICATION, IMPROPER PRODUCT SELECTION, NONCOMPLIANCE WITH ANY CODES, OR ANY TYPE OF OF MISAPPROPRIATION.
V. GOVERNING PROVISIONS
a. Governing Law: ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, THE MONETARY CLAIMS FOR WHICH FALL WITHIN THE SMALL CLAIMS COURT LIMITS FOR THE STATE OF KENTUCKY (OR WHICH EXCEED THAT LIMIT IF YOU OPT OUT OF THE BINDING ARBITRATION CLAUSE IN SECTION V(B) OR THE BINDING ARBITRATION CLAUSE IS INVALIDATED), WILL BE GOVERNED, CONSTRUED, AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF KENTUCKY, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES. YOU IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUES OF THE COURTS OF JEFFERSON COUNTY, KENTUCKY, U.S.A. BOTH YOU AND OMPH PROJECT AGREE TO SUBMIT TO PERSONAL JURISDICTION IN JEFFERSON COUNTY, KENTUCKY. IN THE EVENT THAT OMPH PROJECT MUST TAKE ACTION TO ENFORCE THE TERMS OF THIS AGREEMENT, REGARDLESS OF WHETHER A CAUSE OF ACTION IS FILED IN ANY COURT, OMPH PROJECT SHALL BE ENTITLED TO REIMBURSEMENT FROM YOU FOR OF ALL ITS ATTORNEY’S FEES AND COSTS.
b. BINDING ARBITRATION CLAUSE: (i) OVERVIEW: ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, THE MONETARY CLAIMS FOR WHICH EXCEED THE SMALL CLAIMS COURT LIMITS FOR THE STATE OF KENTUCKY, SHALL BE SETTLED BY BINDING ARBITRATION UNDER THE PROVISIONS OF THE FEDERAL ARBITRATION ACT AND ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE PARTIES AGREE TO ARBITRATE A CONSUMER DISPUTE OR BUSINESS DISPUTE ON AN INDIVIDUAL BASIS AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION. In the event that the American Arbitration Association is unable to arbitrate the dispute, arbitration will be conducted by an organization jointly agreed upon by you and OMPH Project. (ii) Initiating Arbitration, Location, and Governing Law: If a Party wished to initiate arbitration, it must notify the other Party in writing as well as the American Arbitration Association and send the appropriate administrative fees as specified by the American Arbitration Association. The arbitration shall be governed by the laws of the State of Kentucky, with arbitration being held in Louisville, KY, or a location determined by the American Arbitration Association if it is determined that location would be unreasonably burdensome for Client. Claims shall be heard by a single arbitrator, possessing a law degree and knowledgeable about electronic cigarettes. Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in person hearings. (iii) Discovery: Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents that party intends to rely on during arbitration. There shall be no other discovery allowed. (iv) Monetary Awards: The arbitrator will have no authority to award punitive damages, consequential damages, or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. The arbitrator shall award to the prevailing party, if any, as determined by the arbitrator, all of their costs and fees. (v) Confidentiality: Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. (vi) OPT-OUT OF ARBITRATION: YOU MAY OPT OUT OF THIS CLAUSE BY SENDING WRITTEN NOTIFICATION OF YOUR DESIRE TO OPT OUT OF BINDING ARBITRATION TO OMPH PROJECT WITHIN THIRTY (30) DAYS OF THE EXECUTION OF THIS AGREEMENT. IN THE EVENT THAT CLIENT OPTS OUT OF ARBITRATION, THIS AGREEMENT WILL BE GOVERNED, CONSTRUED, AND ENFORCED IN ACCORDANCE WITH THE GOVERNING PROVISIONS LISTED IN SECTION 10 OF THIS AGREEMENT.
c. Indemnification: You agree that you will defend, indemnify, and hold OMPH Project and any/all of its subsidiaries, affiliates and their directors, agents, members, officers, shareholders, co-branders, or other partners, employees, etc, harmless from any sort of liabilities, actions, losses, damages, demands, or claims, including reasonable attorneys’ fees, expenses and costs, made by any third party directly or indirectly which relate or arise from (i) content you have provided to the website or transmit, or may obtain through OMPH Project, (ii) your usage of OMPH Projects products, (iii) any connection you may have to OMPH Projects (iv) any violation of this Agreement on your part, or (v) any other claims. If you incur an obligation to provide indemnification pursuant to this provision, OMPH Project holds the ability to, in their sole and absolute discretion, control the disposition of any claim at your sole cost and expense. Without limitation of the foregoing, you may not compromise, settle, or in any other sort of manner dispose of any claim without OMPH Project’s expressed consent.
d. EXCLUSION OF DAMAGES: OMPH PROJECT WILL NOT BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING WITHOUT ANY LIMITATION, DAMAGES WHICH MAY RELATE TO LOST PROFITS, LOSS OF DATA, OR GOODWILL) ARISING FROM, RELATING TO OR IN CONNECTION WITH THE USE OF OMPH PROJECTS’ WEBSITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION IN WHICH THEY ARE BASED, INCLUDING IF THE USER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
e. LIMITATION OF LIABILITY: IN NO EVENT SHALL OMPH PROJECT AGGREGATE LIABILITY THAT ARISES FROM, RELATES TO, OR MAY HAVE A CONNECTION WITH THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, CLAIMS WHICH RELATE TO THE WEBSITE, OR OMPH PROJECT PRODUCTS) EXCEED A SUM GREATER THAN LESSER AMOUNT OF $100 OR THE AMOUNT YOU PAID FOR ANY ORDER YOU’VE PLACED OF OMPH PROJECT PRODUCTS.
f. Force Majeure: In the event of a force majeure, deeming the website or OMPH Projects unable to provide any purchased products, you acknowledge and understand that OMPH Project will not be breaching any portion of its obligation towards you under this Agreement. A force majeure event is one that occurs and extends beyond the control of OMPH Project. THE WEBSITE AND OMPH PROJECTS SHALL HAVE NO LIABILITY TO YOU, WHETHER IT BE IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, OR ANY OTHER METHOD OF LIABILITY FOR FAILURE TO PERFORM ANY OBLIGATIONS IN ACCORDANCE WITH THIS AGREEMENT TO THE EXTENT THAT ANY SUCH FAILURE IS A RESULT OF A FORCE MAJEURE EVENT.
g. Domestic Usage; Exportation Restriction: This website and OMPH Project is controlled from offices within the United States of America. OMPH Project make absolutely no representation that this website or any of its content (which includes without limitation, any services or products available through or on this website) are appropriate or openly available for use in other locations. For users accessing the website outside of the United States of America, this action is done on their own personal initiative and they hold all responsibility for complying with local laws, wherever applicable. OMPH Project takes no responsibility for compliance with international and/or foreign laws.
h. WAIVER OF CLASS ACTION RIGHTS: BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHTS YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR ANY SIMILAR PROCEDURAL DEVICE. ANY CLAIMS WHICH MAY ARISE AS A RESULT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
i. Limitation of Actions: You acknowledge as well as agree that, regardless of any statute or law of the contrary, any claim or cause of action you have arising from, in relation to, or in connection with your usage of the website or any products purchased from OMPH Project, must be filed within a period of one calendar year after such claim or the cause of action arises, or it shall be forever be barred.
k. Termination: OMPH Projects possess the right to terminate your access to the website if for any reason we believe you have breached any of the terms and conditions of this Agreement. Following termination, you will be strictly prohibited from using this website and OMPH Project may, at their own discretion, cancel any outstanding product orders. Should your access to this website be terminated, OMPH Project reserves the right to exercise any means which it deems necessary to prevent unauthorized access to the website, and this includes though it is not limited to, technological barriers, IP mapping, and additionally direct contact with your Internet Service Provider. This Agreement will serve indefinitely unless and should OMPH Project decide to terminate it, regardless of whether any account you open is terminated by yourself or OMPH Project, or if you hold the right to access and use the Website.
m. Severability: If any provision or provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision(s) shall be severed and shall be inoperative, and the remainder of this Agreement shall remain operative and binding on you and OMPH Projects.
n. Integration: This Agreement contains the entire understanding between yourself and OMPH Project regarding all usage of this website, and any/all purchase of OMPH Project products and it supersedes all prior and contemporaneous agreements and any understandings between yourself and OMPH Project relating thereto.