Terms and Conditions
Last Updated: March 19, 2024
Omnia Fishing, Inc. a Delaware Corporation (“Omnia”, “we”, “our”, “us”), operates the website located at the www.omniafishing.com (together with any other website or applications branded as Omnia, (the “Website”). These Terms of Use (“Terms of Use” or “Policy”) constitute an agreement between Omnia and you, the visitor, governing your access and use of the Website. Please read these Terms of Use carefully before you start using the Website. These Terms of Use are also incorporate by reference into our Privacy Policy. Any changes made to this will be shown at the top of this page as the Effective Date. Your continued use of this site constitutes your continued acceptance of these Terms of Use. By using or accessing the Services, you confirm that you have received this and that you agree to the use of your information as explained in this Policy. If you do not agree, please do not use the Services.
We grant to you a non-exclusive, revocable, limited license to use the Website solely for your personal and non-commercial use. You may only use the Website in the way it was is intended and in compliance with these Terms of Use and with applicable federal, state, local and international laws, rules and regulations. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, products or services contained with the Website. You may not use the Website or any of its Content to further any commercial purpose, including any advertising or advertising revenue generation active on your own website or in any other form or medium.
By using the Website, you represent that you are not a person barred from using the Website under the laws, rules and regulations of the United States, your place of residence or any other applicable jurisdiction.
Your Acceptance of Terms
WHEN YOU REGISTER FOR AN ACCOUNT, USE OUR SERVICES TO MANAGE OR FIND TACKLE INVENTORY, OR PURCHASE A PRODUCT FROM THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE TO THE WEBSITE TERMS, YOU SHOULD STOP USING THE WEBSITE, TERMINATE YOUR ACCOUNT AND DISCONTINUE PURCHASING PRODUCTS FROM THE WEBSITE.
By accessing, browsing, framing, using and/or linking to the Site, you are considered a User and agree to be bound by the terms of this Agreement our Privacy Policy and any additional policies or terms that govern you use of the Website. When using a feature of the Website, you may also be subject to any posted guidelines, rules, feature terms of use, privacy policies, or other contractual provision as noted. In the event of a conflict between any other agreement, rule, policies, or feature terms of use and this Agreement, the provisions of this Agreement shall govern. If you have any questions about this Agreement, please contact Omnia at support@omniafishing.com before using the Site.
We reserve the right to change or modify the terms and conditions that govern your use of the Website, Services and this Agreement at any time as provided herein, with or without notice to you, at our discretion. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting the Website to see the current Agreement in effect and any changes that may have been made to it. Your use of the Website and Services following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. AMONG OTHER THINGS, YOU ACKNOWLEDGE AND AGREE THAT ANY UPLOADS OR TRANSMISSIONS YOU MAKE MAY BE INTERCEPTED AND USED BY AN UNAUTHORIZED THIRD PARTY
Headings in this Agreement are for reference purposes only and in no way define or limit the scope each section. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to other or similar breaches.
Use of the Website by Persons Under 18
You may only use the Website for any purpose if you are 13 years of age or older. To register for an account, purchase products via the Website, subscribe to receive any Content or other marketing or promotional material from us (in any form and via any media) (a “Subscription”), you must be 18 years of age or over. If you are under 18 years of age or not of legal age to form a binding contract in your place of residence, you must have your parent or legal guardian use the Website on your behalf. To view information on our policy regarding the privacy of children under the age of 13, please see our Privacy Policy.
Pursuant to 47 U.S.C. Section 230(d) as amended, Omnia hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
Registration / Accounts
You may create an account by providing us with your name and e-mail address (an “Account”). Users who have created an Account (“Registered Users”) are able access your account through the “My Account” part of the Website and manage their email address and shipping addresses and view your existing or past orders. You do not need to create an account to receive Content or other marketing information via a Subscription or to submit an order to purchase products that may be listed on the Website. Please refer to our Privacy Policy for more details about submitting your personal information to us.
Geographic Restrictions
We provide the Website for use in the United States and we make no claims that the Website or Services are accessible or appropriate outside of the United States even though we currently ship to Canada. Those who choose to access the Website or Services from locations outside of the United States are responsible for compliance with local laws if and to the extent local laws are applicable including, without limitation, all applicable laws, rules and regulations regarding the transmission of data exported from the United States or the country in which you reside or access the Website from.
Your Account Membership, and Restrictions
Some features, in order to operate correctly, may require that you create an Account. In creating an Account, you may not misrepresent your identity or your affiliation with any person or organization and you may never use another person’s Account for any purpose whatsoever. If you have previously had your access to or use of the Website terminated by us, you may not access or use the Website under any circumstances. For purpose of wish lists and purchased on behalf of another we will provide access at another user’s request so that you can enter those products in your cart.
You should never share your Account information with third parties or allow third parties to use your Account. Please keep your password confidential and be sure to exit from your Account at the end of each session. You are responsible for maintaining the confidentiality of your password, account number, and are fully responsible for all activities that occur under your account information. You shall not disclose your account Information to third parties. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. Omnia shall not, in any manner, be responsible or liable for fraudulent purchases, including Omnia PRO rebate awards, that are made using your compromised account.
You are responsible for the activity on your Account, including the use of your Account by other people who you may or may not authorize to use your Account. You may not under any circumstances:
- Violate or attempt to violate any security features of the Website and Services including, but not limited to, accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access, attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Omnia or engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or Services, or which, as determined by the same;
- Copy or print any of the Content, whether licensed by us or otherwise, unless and to the extent it is for your own personal, non-commercial use and you must retain all trademark, copyright and other proprietary notices contained in and on any such Content;
- Reproduce, download, modify, translate, add to, distribute, transmit, publish, perform, display, disclose, archive, upload, broadcast or sell, sublicense, index or exploit any part of the Website or the content thereon in any medium, either directly or through the use of any device, software, internet site, web-based service or other means, without our prior express written permission;
- Mirror, frame, screen scrape or deep link to any aspect of the Website or access any Content through technology or means other than those provided or authorized by us;
- Bypass the measures we may use to prevent or restrict access to or use of the Website, including by hacking into secured or non-public areas of the Website, circumventing any geo-blocking mechanisms or otherwise;
- Attempt to or access any webpage, content, servers, or our content in order to engineer or reverse engineer any of the operations, algorithms, intellectual property or processes for any use; or
- Use the Website to collect any personally identifiable information, including Account names and e-mail addresses, or use the Website for any commercial solicitation purposes, without our prior express written permission.
Termination of Agreement and Denial of Access
Omnia, in its sole discretion may suspend, issue warning, or terminate your access to or use of the Website for breach of this Agreement at which time you are no longer authorized to access the Website. However, the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in this Agreement, shall continue in force and effect.
Any breach or violation of any agreement or understanding between you and Omnia, may, in the sole discretion of Omnia, result in forfeiture of your Omnia Rebate and your future participation in the Omnia PRO Membership Program.
Intellectual Property
The Website and its content, features and functionality, including, without limitation, information, software, text, graphics, logos, button icons, images, audio clips, video clips, data compilations and the design, selection and arrangement thereof, are the exclusive property of Omnia, our licensors or other content suppliers, and are protected by United States and international copyright, trademark, trade secret and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent.
No right, title or interest in or to the Website or any Content is transferred to you and all rights not expressly granted are reserved. Any use of the Website that is not expressly permitted by these Terms of Use may be a breach of these Terms of Use and may violate copyright, trademark and other laws.
Through the checkout process and during your engagement in and use of the Omnia features on Website you may, without knowing it, provide data that may be used for purposes of improving our recommendation algorithm. You understand that this does not entitle you to any intellectual property rights to said algorithm or compensation of any kind.
You may not, and this Agreement does not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Site or the Content. Certain Content may be licensed from third parties and all such third party Content and all intellectual property rights related to the third party Content belong to the respective third party licensors. You may not remove, alter or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or in the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by Omnia
Your use of the Website is at your risk. Omnia does not warrant that the functional aspects of the Website or the Content will be error free or that the Website, the Content or the server that makes it available are free of viruses or other harmful components. Omnia and its suppliers make no warranties about the Content or about recommendation engine results to be obtained from using the Website.
No Warranties and Limitation of Liabilities
OMNIA DOES NOT WARRANT THAT THE SITE OR SERVICES WILL MEET USER REQUIREMENTS, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
OMNIA DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, THE SITE CONTENT, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. YOU SHOULD CONDUCT YOUR OWN DUE DILIGENCE AS TO THE TRUTH, ACCURACY, COMPLETENESS, AND CONTINUING VALIDITY OF ANY INFORMATION SET FORTH IN OR REFERENCED ON THE WEBSITE OR SERVICES. OMNIA DOES NOT WARRANT THE ACCURACY OF ANY THIRD PARTY CONTENT CONTAINED WITHIN OR REFERRED TO ON THE WEBSITE OR SERVICES, INCLUDING ANY LINKS TO THIRD PARTY WEBSITES.
THE LIABILITY OF OMNIA FOR ANY DAMAGE OF ANY KIND, DIRECT OR INDIRECT, ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES, ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES OBTAINED AT OR FROM THE WEBSITE OR SERVICES, OR OTHERWISE RELATING TO YOUR USE OF THE WEBSITE, PRODUCTS OR SERVICES, SHALL NOT EXCEED THE DOLLAR AMOUNT PAID BY YOU, IF ANY, TO OMNIA FOR USE OF THE WEBSITE, PRODUCTS OR SERVICES. BY USING ANY PRODUCT(S), YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FULLY RESPONSIBLE FOR ANY POTENTIAL EFFECTS, PROPER HANDLING AND PROPER USAGE OF SUCH PRODUCT(S), AND YOU ACKNOWLEDGE AND ASSUME ANY RISKS THAT MAY COME THEREWITH, INCLUDING, WITHOUT LIMITATION, ANY PHYSICAL INJURIES, HEALTH EFFECTS, ALLERGIC REACTIONS, PHYSIOLOGICAL CHANGES AND EFFECTS, BODY REACTIONS, AND ANY LOSS OR DAMAGES THAT MAY OCCUR THEREAFTER.
OMNIA SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE. SOME STATES MAY NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
System Outages
Omnia periodically schedules system downtime for maintenance and other purposes because we want the Site to be available for you as often as possible. In addition, unplanned system outages also may occur. You agree that Omnia shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or nondelivery of information caused by such system outages. Also, to the fullest extent permitted by applicable law, we shall not have any responsibility for any third-party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
Indemnity and Release
You agree to indemnify and hold harmless Omnia and its affiliates, licensors, licensees, successors and assigns and each of their respective directors, officers, employees, agents, service providers and partners (“Indemnified Parties”), from and against any demands, losses, liabilities, claims or expenses (including reasonable attorneys’ fees) made against Omnia by any third party due to or arising out of or in connection with any breach by you of these Terms of Use, your violation of any third party right and your use of and access to the Website or any element or component thereof.
Without limiting anything set out above, you hereby release each of the Indemnified Parties from all damages, liabilities, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms of Use, the Privacy Policy and/or any use by you of the Website.
California residents, you expressly waive CA Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Law and Jurisdiction
These Terms of Use and any dispute that may arise between you and Omnia shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law and the laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction). DISPUTES ARISING FROM THESE TERMS OF USE AND YOUR USE OF THE WEBSITE SHALL BE RESOLVED BY BINDING ARBITRATION AS PROVIDED BELOW. BY AGREEING TO BINDING ARBITRATION, YOU ARE HEREBY WAIVING THE RIGHT TO BRING DISPUTES TO A COURT, INCLUDING THE RIGHT TO TRIAL BY JURY. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. WE ALSO BOTH AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.
Class Action Waiver
In the event of any dispute between you and Omnia regarding these Terms of Use, the Privacy Policy, the Website and/or any products or services purchased from the Website, you and Omnia agree to first send the other party a notice of dispute, which is a written statement setting forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute by e-mail to legal@OmniaFishing.com. We will send any notice of dispute to you at the contact information we have for you. You and Omnia will attempt to resolve any dispute through informal negotiation within 30 days from the date that the notice of dispute is sent. You can also send a dispute to our address:
Omnia Fishing, Inc.
6325 Sandburg Road
Suite 100
Golden Valley, MN 55427
You agree to file your individual disputes, actions, or lawsuits of any kind with Omnia only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis, or brought by a purported class representative or decided on as part of any group or consolidated proceeding. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. For certain claims, like violations of these Terms of Use or breaches of intellectual property covenants, we reserve the right to seek injunctive relief in a court of competent jurisdiction. All individual disputes, actions, or lawsuits of any kind with Omnia shall be initiated in Hennepin County, Minnesota.
User-Generated Content
As a user of the Website and Services, you may be able be able to post content on the Website, blog or social media pages, including, without limitation, by providing testimonials or reviews, leaving comments, suggesting a “hot bait” uploading pictures or videos, and a Fishing Report, etc. As part of your Fishing Report, you may also add suggested baits that cause you to interact with other users on lakes you fish, rate products and the quality of user suggestions and recommendations and influence the lake attributes including, but not limited to, water clarity, depth, structure, and species present. You are solely responsible for the content you upload, publish, display, post or transmit to other users.
Any submission of information or copyrightable works of any nature by you to the Website or through the use of the Website, Services, any of Omnia's blogs or social media pages or accounts, or otherwise, shall be deemed to constitute a release by you to the public domain, for use by Omnia and others, without restriction. All comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered using the Website, Services or otherwise are not confidential and will become and remain Omnia's property. By submitting any such information or material, you represent and warrant your right to release such information and material for use in the public domain without restriction.
Your submission of such information and material shall further constitute an assignment to Omnia of all worldwide rights, titles and interests in the information and materials without payment of any compensation.
If you provide or post any information, materials, text, images, or other content through the Website you represent, warrant, and agree that it will not:
- Contain any material which is false, defamatory, libelous, obscene, harassing, threatening, discriminatory, bigoted, hateful, violent, vulgar, profane, pornographic or otherwise offensive, inappropriate, damaging, disruptive or harmful;
- Violate our or any other person's legal rights (including the rights of publicity and privacy), contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise promote, advocate or assist any illegal activity or unlawful act;
- Create or threaten harm to any person or loss or damage to any property;
- Infringe any patent, trademark, trade secret, copyright, contract or other intellectual property or other proprietary rights of Omnia or any other person;
- Seek to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- Misrepresent your identity or affiliation with any person or organization, including Omnia;
- Seek to collect other users' e-mail addresses and/or their usernames or passwords for their Accounts or other services by electronic or other means for any purpose, including to send unsolicited e-mail or other electronic communications;
- Seek to transmit bulk or junk e-mail, whether automated or not, or interfere with, disrupt or create an undue burden on Omnia or the networks or services connected to the Website or install or attempt to install or promote spyware, malware or other computer code on our computers or equipment or the computers or equipment of third parties or users; or
- Involve commercial activities such as contests, sweepstakes and/or other sales promotions, barter, advertising or offers of sale or purchase of goods and services.
Omnia Fishing reserves the right to reject any User Generated Content submission for any reason it deems necessary and you agree that you do not rely on any guarantee of publication of said content for any reason.
Notice of Copyright Infringement and Agent
It is our policy to respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act ("DMCA"). We respect the property rights of others. If you believe that your work was used on our Website in a way that constitutes copyright infringement, please contact our designated Copyright Agent pursuant to DMCA (17 USC § 512):
Mathew Johnson
6325 Sandburg Road
Suite 100
Golden Valley, MN 55427
Matt (at) omniafishing.com
Phone: 763.710.5581
Please note that you may be liable for damages (including costs and attorney fees) if you materially misrepresent that content is infringing.
Your notification must include the following information:
- Your name, address, telephone number and email address;
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
- A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
- Identification of the location on our website or network of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
- A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
- A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.
Fishing Report Credits
You may be entitled to Omnia Credits if one of your Fishing Reports is approved and helps “Influence a Sale” by an Omnia customer. Omnia, in its sole decision to optimize for angler purchases, may display your Fishing Reports as a single report on a lake page, in aggregation with other reports, or in any location on the site it deems useful in influencing or recommending a sale to customers. Fishing reports will be displayed, among other areas, on Lake Pages, Product Detail Pages, State Pages, and other content pages where recommendations for the best tackle are indexed. If your Fishing Report results in a purchase decision by a customer and Omnia's attribution tools attribute said sale to your Fishing Report, you may earn an Omnia Credit for a future purchase. Credit amounts are based on your Ambassador level at the time of attribution. Bronze and Silver Ambassadors are entitled to $5 credit on each Fishing Report that Influences a Sale and Gold Level Ambassadors are entitled to $10 in Omnia Credits. These ambassador levels and values may change from time to time and Credits will be issued based on these Terms at the time of attribution, not date the Fishing Report was filed. Each report is eligible to earn Omnia Credit one-time only. Once Omnia Credit is earned on a specific Fishing Report, and in accordance with these Terms, Omnia may continue to use Fishing Reports without issuing new Omnia Credit even when that Fishing Report is attributed to influencing another sale. There are no limits on the number of Fishing Reports that can be filed by an Omnia customer, however, Omnia reserves the right to delete Fishing Reports or reject approval on Fishing Reports that are deemed an abuse of the Fishing Report program or for any reason Omnia, in its sole discretion, deems appropriate for rejection. Omnia may reject any Fishing Report for any reason, which will prevent the Fishing Report from showing up in the Omnia shopping experience for other Customers.
“Influencing a Sale” comes as a result of Omnia presenting your submitted Fishing Reports to Omnia shoppers that make a purchase, and only when our tracking tools associate the addition of items to a cart from your Fishing Report. We utilize tracking tools to assign Credits based on 1-click attribution with no cookies. We make no representations or warranties as to the accuracy of these tracking tools and you acknowledge the complexity of attribution of sales to a specific Fishing Report. You will be notified if our tracking tools identify attribution and Credits are earned. The last report viewed or the most recent report (based on the date of submission) in a recommendation aggregation, prior to making a decision to purchase, may get credit for the purchase. An Omnia User cannot earn a fishing report credit by making a purchase on a fishing report filed by the same Omnia User. Omnia reserves the right to modify its tracking tools and attribution models at any time without notification. Details of the attribution models may not be provided upon request, and you acknowledge that these models are considered trade secret. Omnia attempts to maximize the number of times your Fishing Report or other content helps influence a sale by optimizing traffic, presenting what it considers top performing fishing reports, or any other method for helping anglers buy the right gear and tackle for their unique situation.
Fishing Report credits have no cash value and cannot be redeemed for cash. Credits may be used for purchases on the Omnia Site only and may expire. Some Restrictions may apply. We reserve the right to modify this program without notice and in our sole discretion. We reserve the right to remove attribution and reverse Omnia Credit issuance if an attributable sale is returned by a customer.
Purchase and Product Pricing
Omnia reserves the right to refuse or cancel any orders placed for a product when price or availability of a product listed on the website is incorrect, when a product lists incorrect information due to typographical error, an error in pricing, the item becoming out-of-stock, a photo being off. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and the order is canceled Omnia shall issue a credit to your credit card account in the amount of the charge with or without notice of said cancellation.
We reserve the right to cancel any order and/or prevent access by any person or entity to the Website at any time, with or without cause. By using this Site or purchasing products from the Site, you agree not to purchase products from the Site (1) intentionally for the purpose of resale, or (2) for direct shipment or export of such product to any third party, other than for the purposes of sending a personal gift to a third party. We reserve the right to limit the quantity of items purchased per person, per household or per order for any reason and, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of this Agreement, reselling means purchasing or intending to purchase any product(s) from us for the purpose of engaging in a commercial sale of that same product(s) with a third party.
It is your responsibility to ascertain and obey all applicable local, state, federal and international rules, regulations, codes, statutes and laws with respect to the possession and use of any item purchased from the Website. By placing an order, you represent and warrant that the products ordered will be used only in a lawful manner.
Please contact us at support@omniafishing.com for any questions about pricing or availability.
Omnia PRO Membership
Our PRO Membership (Omnia PRO Membership is a “Subscription Service.”) offers free shipping with no minimums, early access to new products, back-in-stocks, promotions, and a 10% rebate for most purchases, subject to limitations. Some restrictions apply. The Omnia PRO Membership is available for $49/year, subject to change. Omnia PRO also also offers an elevated tier of PRO called Omnia PRO. Omnia PRO includes access to a wide range of mapping, weather and satellite derived layers, all accessed through desktop, mobile web, and a native app available in the Apple™ and Google Play™ app stores. Versions, access, and display of layers subject to change during your subscription and all layers, functions, features and capabilities might not be available in each version or platform where you access your PRO utility.
Shipping – we regularly offer free shipping on all orders over $50 but waive the minimum order size for PRO Members. We ship all orders by priority ground and offer upgrades to 2 day and overnight for a fee. If you live within the Speed-Dee delivery zone you'll receive 2-day shipping at no extra charge. Some limitations apply, including our tube charge of $10 per tube; We reserve the right to charge $10 per rod ordered but will do our best to include multiple rods in a single tube for shipment. If we are able to do this we'll try to limit the charge to a single tube. Orders less than $50 for non-PRO members will incur a flat fee of $6 for shipping.
PRO Credits – Our PRO Membership provides up to 10% back on qualifying purchases. Credits will be displayed in a User Account and can be redeemed on future purchases at any time.
Use of the Omnia PRO Membership constitutes acceptance of the program's terms and conditions, except where prohibited by law. Omnia reserves the right to change any policy, term or condition of the or cancel this promotion at any time.
Omnia credit will be issued on all purchases where a discount of less than 20% is applied to the cart or item. On occasion we'll run promotions with a discount of 20% or more. Sometimes these promos are only available to Omnia PRO Customers. PRO Credits will only be issued on orders or specific product purchases when a discount is less than 20%. We also must follow our vendor supplier agreements and some brand restrictions can prevent us from offering credits of purchases of specific products or entire brands. These restrictions are subject to change from time to time during your subscription period and we must reserve the right to modify them without warning. You do not earn rebate credit for shipping or tax charges on your order, only from the item cost. From time to time, we'll have special offers where our PRO members can earn larger rebates for specific item or category purchases. When those discounts are 20% or greater, no additional PRO Credit will be issued for that purchase. If an order contains a product specific discount of 20% or more, credit will not be issued on that item but may still be issued on any items in the cart where discounts applied are less than 20%.
To be part of the Omnia PRO Membership Program, you must sign up for an account online or in the app store and upgrade your account. You must have an Omnia account to upgrade to PRO. The fee for the upgrade is $49/year and lasts for a full year. Omnia may offer monthly subscription options from time to time. We reserve the right to change the price or benefits of the Program at any time. If a change is made the benefits for current PRO Members will not change until the subscription renewal period. We'll email you PRO rebate updates and special offers and you can opt out of email at any time without losing you Membership benefits.
If you decide to return an item purchased with PRO Membership credit you will not be issued a cash payment and will instead receive your account credit back in your account. We have a 30-day Return Policy on all purchases which can overlap calendar years. If you return an item in a different year than it was purchased, we will consider the returns for purposes of calculating the PRO Membership Credit you receive by February 1st. For example, if you bought a sweet Daiwa baitcaster rod on December 20th for $150 you'd have a $15 account credit coming on February 1st. If you decide to return the item on January 18th, $150 would be deducted from your spend in the previous calendar and you would not receive the $15 credit for this purchase on February 1st even though it was made in the previous calendar year.
PRO Membership credit is not earned when you buy a gift card (unless we run a specific promo for this), but you do get PRO Credit when you make a purchase using a gift card as payment. Brand and other exclusions may apply.
If you purchase an annual PRO Membership at Omnia it will be valid for one calendar from the date of purchase and will auto renew until canceled. Monthly PRO subscriptions, if available, will auto renew each month until canceled. Cancel anytime. We provide a 30-day cancellation period for all auto renews because we're not in the business of tricking people into a PRO Membership fee. You can cancel your Membership at any time, as set forth below.
Omnia PRO – Omnia PRO can be purchased through the Apple™ and Google Play™ app stores or at OmniaFishing.com and includes a wide range of mapping layers to help eliminate dead water and plan your fishing or boating trips in advance.
Mapping displayed on the Omnia Fishing App or web application is not intended for navigation, and mapping information is not suitable for any or all purposes, images, print outs, or digital reproduction. The Omnia mapping service and its data layers may not be shared, reproduced, stored, distributed, or used in any manner without the expressed written consent of Omnia Fishing, Inc. or its affiliate and content partners.
Omnia PRO data and content that is only accessible by Omnia PRO account holders is not permitted to be shared or revealed outside of the Omnia Applications. Omnia reserves the right to permanently delete any and all accounts at any time for any purpose and may withhold remaining subscription value if Omnia determines, in its sole discretion, that discretion that an account holder has violated these Terms and Conditions.
Omnia licenses certain data in the Omnia PRO subscription service from third-party providers. As a result, Omnia may modify, change, eliminate, or change the provider on certain layers without notice. You agree that your ongoing use of the Omnia Omnia PRO subscription consents to a frequently changing set of data layers and third-party data providers.
For a limited time, existing Omnia Premium members can upgrade their membership level to Omnia PRO by paying the difference between the Premium and Omnia PRO annual subscription costs. Omnia will restart the timing of your Omnia Premium subscription during such an upgrade as a benefit to you for your loyalty.
AUTORENEWAL - By purchasing a Membership, you agree that Omnia (or its third-party payment processor) may charge you an initial and recurring subscription fee, without further authorization from you, at our then-current subscription rate. You accept responsibility for all recurring charges and your subscription will continue until you cancel your subscription. We will notify you before each recurring charge. Although we call this a membership, it’s a subscription for legal purposes.
CANCELLATION. You may cancel your PRO subscription at any time. To cancel, log in to your Omnia account, click the “Membership” tab, then click “cancel. ”You may also cancel by contacting Omnia customer service at 763.333.9087. If you cancel before the next recurring payment is charged, then your subscription will terminate automatically and Omnia will not charge your payment provider for any subsequent subscription period. If you cancel while an order is in process (i.e., your payment has been charged but you have not yet received your shipment), Omnia will continue to process your order but you will receive a reimbursement and you membership will cancel once the cancelation processes, please allow up to 30 days for this. If you cancel within 30 days of a renewal you will receive full reimbursement but will lose any Membership Credits you had accrued. You will not lose Membership Credits earned during your valid Membership Period.
You agree that we may terminate or suspend your subscription for any reason at any time in our sole discretion. Subject to the terms above, you may receive a full or partial reimbursement if we choose to cancel your Omnia PRO Membership. We do not accept cancellations of annual Omnia PRO subscriptions.
Return Policy
You can find a copy of our Return Policy here which is incorporated in these Terms and Conditions by reference.
Shipping Policy and Risk of Loss
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is valid and compliant with the shipping restrictions contained on the Website. All purchases from the Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the third party carrier. You are responsible for filing any claims with the applicable carrier for any damaged and/or lost shipments.
Payment and Pricing
Prices shown on the Website are in US Dollars and are exclusive of taxes and delivery charges and packaging charges (if applicable). Payment for Products can be made by Visa, MasterCard, American Express or Discover Card and any other methods which may be provided for on the Website from time to time. Payment will be debited and cleared from your account in full at the time you place your order, including with respect to any pre-order.
We take reasonable care to make our Website secure. All credit/debit card transactions on the Website are processed using Stripe, a secure on-line payment gateway that encrypts your credit/debit card details in a secure host environment. These details will only be used to process credit/debit card transaction which you have initiated. We do not store your credit card information on our Website but rely on Stripe to do so.
Entire Agreement
This Agreement, including the other policies referenced herein, shall constitute the entire agreement and understanding between you and Omnia for use of the Website and any of its or third party service and supersedes any and all prior agreements and understandings between you and Omnia. This Agreement is binding on Omnia and you and on each of your successors and assigns.