Terms and Condition
Last Updated: October 24, 2018
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.
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
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
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 Premium 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 Premium Membership Program.
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.
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.
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
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
Class Action Waiver
Omnia Fishing, LLC
6146 Olson Memorial Highway
Golden Valley, MN 55422
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, etc. 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, 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.
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):
6146 Olson Memorial Highway
Golden Valley, MN 55422
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.
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 products 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 cancelation.
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 firstname.lastname@example.org for any questions about pricing or availability.
Omnia Premium Membership
We consider all of our customers Members of the Omnia.However, we do have a Premium Membership that offers free shipping with no minimums, early access to new products and promotions, and a 10% rebate for all purchases in the calendar year to be used on future purchases.The Omnia Premium Membership is available for $29/year.
Shipping – we regularly offer free shipping on all orders over $50, but waive the minimum order size for Premium 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-premium members will incur a flat fee of $6 for shipping.
Rebate – Our Premium Membership rebate provides up to 10% back on all your purchases for the year to be used the following year.For example, if you spend $300 from January 1 - December 31st in a single year and get a $30 credit in your account.
Use of the Omnia Premium 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.
For every dollar you spend in the year you’ll see a 10% rebate show up as a credit to your account.You earn a base 10% back on all regular-priced items. 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 Premium members can earn larger rebates for specific item or category purchases.
To be part of the Omnia Premium Membership Program, you must sign up for an account online and upgrade your account.The fee for the upgrade is $29/year and lasts for a full year. We reserve the right to change the price or benefits of the Program at anytime.If a change is made the benefits for current Premium Members will not change until the subscription renewal period.We'll email you Premium rebate updates and special offers and you can opt out of email at any time without losing you Membership benefits.
Your rebate is calculated based on your purchases, less returns, during the calendar year (January 1 – December 31) during which you had paid for a Premium Membership.Your rebate will be available by February 1st of year immediately following the calendar year in question and available for use immediately.Rebates are not purchased like a gift card and have no monetary value outside of an account credit for purchases on OmniaFishing.com or in our retail store physically located in Minnesota.Rebates expire two years from the date of issuance.
By way of example, if you purchase your Premium membership on June 12, 2019 you will receive a rebate on purchases until Jun 11, 2020.All purchases from June 12, 2019 to December 31, 2019 will be eligible for a rebate credit that will be available in your account by February 1, 2020. Purchases from January 1, 2020 to June 11, 2020 will be eligible for a rebate credit that will be available on February 1, 2021 assuming no renewal.If you renew on June 12, 2020 all of your purchases for the 2020 year will be eligible for a rebate that will be available on February 1, 2021.It might sound complicated but basically you get 10% back during your Premium Membership period and it’s always running on a January 1 to December 31 calendar.
If you decide to return and item purchased with Premium 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 Premium Membership Credit you receive by February 1st. For example, if you bought a sweet 13 Fishing 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.
Premium Membership credit is not earned when you buy a gift card (unless we run a specific promo for this), but you do get Premium Credit when you spend a gift card.Brand and other exclusions may apply.
If you purchase a Premium Membership at Omnia it will be valid for one calendar from the date of purchase and will auto renew until canceled.We provide a 30-day cancelation period for all auto renews because we’re not in the business of tricking people into a Premium Membership fee.You can cancel your Membership at any time, as set forth below.
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 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 loose Membership Credits earned during your valid Membership Period.
You agree that the we may terminate or suspend your subscription for any reason at any time in our sole discretion. You will receive a full reimbursement if we choose to cancel your Omnia Premium Membership.
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.
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.