Terms of Service

Overview

Welcome to Omniflash. The terms "we," "us," and "our" refer to Omniflash. We operate this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Omniflash is powered by Shopify, which enables us to provide the Services to you.

The terms below, together with any policies referenced here (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms carefully. They include important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, do not use or access our Services.

Section 1 - Access and Account

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and that you have given consent for any minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including browsing our online store or purchasing products, you may be asked to provide certain information, such as your email address, billing details, payment information, and shipping address. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide that information.

You are solely responsible for the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.

Section 2 - Our Products

We make every effort to accurately represent our products and services in our online store. Colors and product appearance may differ from how they appear on your screen depending on your device settings.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or match how they are depicted in our store.

All product descriptions are subject to change at any time without notice at our discretion. We reserve the right to discontinue any product at any time and may limit the quantities offered to any person, geographic region, or jurisdiction on a case-by-case basis.

Section 3 - Orders

When you place an order, you are making an offer to purchase. Omniflash reserves the right to accept or decline your order at our discretion. Your order is not accepted until we confirm acceptance, and we must receive and process your payment before acceptance.

Please review your order carefully before submitting. Omniflash may be unable to accommodate cancellation requests after an order is accepted. If we don't accept, modify, or cancel an order, we will attempt to notify you using the email, billing address, or phone number provided at the time of order.

Purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for personal or household use, not for commercial resale or export.

Section 4 - Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs, or import charges.

Prices on our online store may differ from prices offered in physical stores or in other online stores operated by third parties. We may offer promotions from time to time that may affect pricing and that are governed by terms separate from these Terms. If there's a conflict between promotion terms and these Terms, the promotion terms govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You agree to promptly update your account information, including email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you when needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use that credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred at the posted prices, including shipping, handling, and applicable taxes.

Section 5 - Shipping and Delivery

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

Section 6 - Intellectual Property

Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Omniflash, its affiliates, or licensors, and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted are reserved by Omniflash.

The Omniflash name, logo, product names, designs, and slogans are trademarks of Omniflash or its affiliates. You must not use these trademarks without prior written permission. Shopify's name, logo, product names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Section 7 - Optional Tools

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over.

You acknowledge that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind, and without any endorsement. We have no liability arising from your use of optional third-party tools.

Any use of optional tools through the site is at your own risk and discretion. You should be familiar with and approve of the terms provided by the relevant third-party providers.

We may offer new features through the Services in the future, including the release of new tools and resources. Such features will be deemed part of the Services and subject to these Terms.

Section 8 - Third-Party Links

The Services may contain materials and links to websites operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of third-party websites, or your purchase or use of any products, services, resources, or content on third-party websites. Review third-party policies and practices carefully before engaging in any transaction. Complaints, claims, concerns, or questions about third-party products and services should be directed to that third party.

Section 9 - Relationship With Shopify

Omniflash is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Omniflash. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sales between you and Omniflash, including any injury, damage, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Omniflash.

Section 10 - Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify and third parties that may be located in countries other than where you reside, in order to provide services to you. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

Section 11 - Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. We may use this license to operate, provide, evaluate, enhance, improve, and promote the Services and to perform our obligations under these Terms.

You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your Feedback; and (iii) your Feedback complies with these Terms. We have no obligation to (1) maintain your Feedback in confidence, (2) pay compensation for your Feedback, or (3) respond to your Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms.

You agree that your Feedback will not violate any third-party right, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Your Feedback may not contain libelous, abusive, or obscene content, or any computer virus or malware. You may not use a false email address, pretend to be someone else, or otherwise mislead us as to the origin of any Feedback. You are solely responsible for your Feedback. We assume no liability for any Feedback posted by you or any third party.

Section 12 - Errors, Inaccuracies, and Omissions

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

Section 13 - Prohibited Uses

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit advertising or promotional material, including junk mail, chain letters, spam, or similar solicitation; (h) to impersonate any other person or entity; or (i) to engage in any conduct that restricts or inhibits anyone's use of the Services, or that may harm Omniflash, Shopify, or users of the Services, or expose them to liability.

You also agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping tool, automated device, AI tool (such as agentic AI), or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services.

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine you have violated any part of these Terms.

Section 14 - Agents

14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, and that can be executed on behalf of or using a person's device, without direct supervision.

14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. No Agent may access, use, or interact with Services if we have requested that the Agent refrain from doing so.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including "Agent/[agent name]" in the request's user agent string; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, including by mimicking human behavior or completing CAPTCHAs intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

Section 15 - Termination

We may terminate this agreement or your access to the Services (or any part of them) at our sole discretion at any time without notice. You will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

Section 16 - Disclaimer of Warranties

The information on the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any other visitor to the Services.

EXCEPT AS EXPRESSLY STATED BY OMNIFLASH, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Section 17 - Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL OMNIFLASH, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

Section 18 - Indemnification

You agree to indemnify, defend, and hold harmless Omniflash, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

Section 19 - Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion will be deemed severed from these Terms, and the remaining provisions will continue in full effect.

Section 20 - Waiver and Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement between you and us, and govern your use of the Services. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms will not be construed against the drafting party.

Section 21 - Assignment

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

Section 22 - Governing Law

These Terms and any separate agreements whereby we provide you Services are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles. You and Omniflash consent to the exclusive venue and personal jurisdiction of the federal and state courts located in Pennsylvania.

Section 23 - Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 24 - Changes to Terms of Service

You can review the most current version of these Terms at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

Section 25 - Contact Information

Questions about these Terms of Service should be sent to support@omniflash.com.

Our contact information:

Omniflash (Omniflash Technologies LLC)
support@omniflash.com
3425 Simpson Ferry Road, Suite 100, Camp Hill, PA 17011
+1 717-827-9729