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Terms of Use

Last Revised October 12, 2017

Thank you for visiting OMI Industries ("OMI”) websites, which include but are not limited to FreshWaveWorks.com, FreshWaveIAQ.com, OdorManagement.com, FreshWaveHappy.com and OMI-Industries.com (the "Sites”).  The Sites are provided as a service to our customers and potential customers. These Terms of Use govern your use and access to the site. By accessing and using this site, you agree to these Terms of Use, all policies within this site (including our return policy), and all changes or modifications to the foregoing. If you do not agree to these Terms of Use, such policies, or any modifications thereto, please do not use this site.

Certain products and services on our Sites may have additional terms that apply. If these Terms of Use are inconsistent with terms applicable to a certain product or service, those other terms will control.

Privacy

We respect the privacy of our customers and encourage you to read our Privacy Policy Statement so that you may make an informed decision about using our site. By agreeing to be bound by these Terms of Use you are agreeing to be bound by our Privacy Policy Statement.

Eligibility

The Site is not targeted towards or intended for use by anyone under the age of 18. By using the Site‚ you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age‚ do not access‚ use‚ register or purchase merchandise on the Site.

Site Use & Purchase Overview

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Risk of Loss

All items purchased from the Sites are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Product Descriptions

We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content on the Sites are accurate, complete, reliable, current or error-free. If a product offered by us is not as described, your sole remedy is to return the product.

Pricing

"List Price" means the suggested retail price of a product based on the cost of a single item. Certain products may have a "List Price" displayed and a savings based on purchasing the items in a multipack quantity. The prices listed in the site are quoted in U.S. Dollars.

Merchandise Store Locator and Reserve in Store

Clicking on the "Store Locator" button will provide a list of approved Fresh Wave sellers. The availability information is current as of the time and date of the search but is not guaranteed to be accurate and the item may no longer be available when you visit the store. The actual in-store price of an item may vary between stores and may be different from the online price for the same item. We are not responsible for any errors in the operation of or the information provided by the Merchandise Store Locator.

Changes to the Site

You agree and understand that the Site‚ including any and all features available via the Sites and any User Content (as defined below)‚ may be modified by us‚ in our sole discretion‚ at any time without prior notice. Unless expressly stated otherwise‚ any new features‚ new services‚ enhancements or modifications to the Site implemented after your initial access to the Site shall be subject to these Terms. We reserve the right, at any time in our sole discretion, to:

  • modify, suspend or discontinue the Sites or any service, content, feature or product offered through the Sites, with or without notice;
  • charge fees in connection with the use of the Sites; modify and/or waive any fees charged in connection with the Sites;
  • and/or offer opportunities to some or all users of the Sites.

You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Sites.

User Content

"User Content" of the Site user means any and all information and content that such user submits to OMI by any means, including through social media (e.g., Facebook, YouTube, Instagram, Pinterest, Twitter), or uses with the Sites (e.g., a user profile, product review, question & answer). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (i) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Site as described herein and (ii) your User Content does not violate the Acceptable Use Policy. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by OMI. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. OMI is not obligated to backup any User Content, makes no representation that it will do so, and you agree that OMI may delete User Content at any time.

By submitting your User Content or using it with the Site, you automatically grant, and you represent and warrant that you have the right to grant, to OMI an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site, OMI social media platforms or marketing initiatives. You agree to irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights, or attribution with respect to your User Content.

We do not actively monitor‚ and undertake no obligation to monitor or modify‚ any reviews‚ information‚ content‚ data‚ text‚ links to third party websites‚ User profile information‚ sounds‚ photographs‚ graphics‚ video‚ messages or other materials uploaded or made available via the Sites by or on behalf of any User (all such items provided by or on behalf of Users‚ collectively‚ "User Content”). Nonetheless‚ we reserve the right to investigate and take appropriate action‚ including legal action‚ in our sole discretion‚ against anyone who violates these Terms‚ including without limitation‚ by removing any User Content posted in violation of these Terms‚ terminating the registration of such violators or blocking such violators’ use of the Site.

Site Contents

Unless otherwise noted, the Sites, and all features and materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by OMI Industries. Fresh Wave, FreshWaveWorks.com, FreshWave IAQ.com, the Fresh Wave logo, the Fresh Wave IAQ logo, Ecosorb, the Ecosorb logo and other trademarks appearing on the Sites are the trademarks of OMI Industries and/or its subsidiaries.

The Sites and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Sites for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Sites. Any unauthorized use of this Site will terminate the permission or license granted by these Terms of Use and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

Unless otherwise specified, the Sites and the Contents are intended to promote OMI’s products and services available in the United States. The Sites are controlled and operated by OMI Industries.

The content on this site does not constitute medical advice.

Trademarks

Fresh Wave, FreshWaveWorks.com, FreshWave IAQ.com, the Fresh Wave logo, the Fresh Wave IAQ logo, Ecosorb, the Ecosorb logo and any proprietary product or service names contained in this site are either trademarks or registered trademarks of OMI Industries or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of OMI. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of OMI Industries, and may not be copied, imitated or used, in whole or in part, without the prior written permission of OMI. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.

Customer Communications

We welcome your comments and feedback. All communications and comments submitted to the Sites are non-confidential. OMI reserves the right to use any ideas, concepts, comments, techniques, visuals, suggestions or communications. All comments, feedback, suggestions and submissions shall be and remain OMI Industries Property.

Accuracy

Though we strive for accuracy, occasionally, the information on the Sites may contain typographical errors, inaccuracies, or omissions in relation to product descriptions, pricing and availability. We apologize for such oversights. Errors will be corrected when discovered. We reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). We will notify you and await your approval of the corrected price before continuing with your order.

Due to special promotions and sales, items in your shopping cart may have a different price from the price displayed on the product page when it was first placed in your Cart.

Links to Other Sites

Periodically, links may be established from this site to one or more external sites or resources operated by third parties ("Third Party Sites"). These links are provided for your convenience only and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. In addition, some Third Party Sites also may provide links to the OMI Sites. None of such links should be deemed to imply that OMI endorses the Third Party Sites or any content therein. OMI does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. When leaving this site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.

SITE DISCLAIMER

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.

LIMITATION OF LIABILITY

IN NO EVENT SHALL OMI OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM OMI, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF OMI (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO OMI FOR ACCESS TO OR USE OF THIS SITE.

Changes and Modifications

We reserve the right to change or modify any of the Terms of Use contained in these Terms of Use or any policy of the site, at any time and in our sole discretion. If we decide to change our Terms of Use or a policy, we will post a new version on our site and update the date. Any changes or modification will be effective upon posting of the revisions. Your continued use of this site following the posting of the changes or modifications will constitute your acceptance of such changes or modifications. You should frequently review these Terms of Use (including its date) and applicable policies from time-to-time to understand the Terms of Use that apply to your use of the site.

Governing Law

OMI Industries controls this site from its offices within the State of Illinois. OMI does not imply that the materials published on this site are appropriate for use outside of the United States. If you access this site from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. These Terms of Use shall be governed by the laws of the State of Illinois, without giving effect to its conflict of laws provisions.

Indemnification

You agree to defend, indemnify and hold OMI Industries harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, due to your use of the Sites and/or your breach of any representation, warranty, or other provision of the Agreement.

Dispute Resolution

Any controversy or claim arising out of or relating to the use of the OMI website shall be settled by mandatory arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules.  The arbitration hearing shall take place in Chicago, Illinois, before a single arbitrator.  The judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.  Each party shall be liable for their own costs and attorneys’ fees incurred in the arbitration proceeding.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. OMI does not offer products for sale to children under 18. We sell products for purchase by adults only. By using this site, you are representing to us that you are 18 years old or older. OMI will not be liable for any damages that may result from misrepresentation of age by a user of our site. OMI reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

General Provisions

We reserve the right, without notice and in our sole discretion, to terminate your ability to use this site, and to block or prevent future access to and use of the site. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use, including any applicable policy contained in this site, constitute the entire agreement between you and OMI Industries relating to the subject matter addressed herein.