YES. Known for being clear and adaptable, OmniMask is also remarkably comfortable. If you are not satisfied for any reason, you can return a single mask and accessories for a product refund.

You can read the full terms here.

LAST UPDATED: March 31, 2025.

PLEASE READ CAREFULLY. THE TERMS OF SALE CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO OUR PRODUCTS, INCLUDING ANY EXCHANGED OR REPAIRED PRODUCTS, (COLLECTIVELY, THE “GOODS”) AND DIRECTLY OR INDIRECTLY PURCHASED OR RECEIVED FROM OMNIMASK LLC (THE “COMPANY” OR “WE”).

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU CANNOT PURCHASE OR USE THE GOODS.

1. TERMS AND CONDITIONS OF SALE

The following terms and conditions govern your purchase and use of the Goods. By ordering, receiving, and/or using the Goods, you agree to these terms (“Terms of Sale”) between you and us, which may be reviewed at any time at https://omnimask.com (“Site”). The Terms of Sale shall supplement and prevail in the event of any conflict with any other third-party terms or conditions, including those associated with a purchase order, whether or not such third-party terms or conditions are signed or otherwise acknowledged by us.

We reserve the right to change these Terms of Sale at any time. Please review the then-current Terms of Sale each time prior to making a purchase from us. Every time you order Goods from us, the Terms of Sale in force at that time will apply between you and us.

2. ORDER ACCEPTANCE POLICY

Payment shall be made by credit card or other electronic means, such as PayPal, or by an approved purchase order signed by an authorized purchasing agent. Your receipt of an electronic or other form of order acknowledgement does not constitute either our acceptance or confirmation of your order or our offer to sell. We reserve the right, without prior notification, to accept or decline your order or limit the order quantity for any reason. For credit card and other electronic payments, such payment is subject to the approval of the financial institution issuing the credit card or otherwise performing the transaction and we shall not be liable in any way if such financial institution refuses to accept or honor the credit card or perform the transaction for any reason. For purchase orders, acceptance is at our sole discretion. Except by special arrangement, we do not accept orders through the Site in excess of $10,000, including taxes and freight charges. Please contact our Sales department if you need to place an order over $10,000. We may require additional verification or information before accepting any order.

3. TYPOGRAPHICAL ERRORS

In the event Goods are listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for such Goods, regardless of whether or not the order has been confirmed and your credit card or other form of payment has been charged or transacted. If payment has already been made for the purchase and your order is cancelled, we shall immediately issue a credit in the amount of the charge in the same manner in which payment was made.

4. AVAILABILITY

We cannot guarantee availability of Goods, and Goods shown or listed as available may nonetheless not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all Goods or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, cancel your order or ship Goods with functionality and specifications substantially similar to the Goods ordered.

5. SHIPPING AND DELIVERY

Goods ordered via the Site are shipped from our facilities in the United States. Although we endeavor to ship same day, order processing can take 1 to 3 business days. We use various courier companies and customs agencies for deliveries. Charges and estimated timeframes for shipment by standard and expedited service are shown on the Site. Delivery may be delayed due to causes beyond our control, including, but not limited to, the unavailability or refusal of a person to accept delivery of the shipment, disruptions in the air or ground transportation network (such as weather phenomena), and natural disasters. We are not responsible for any shipping problems and shall not be held liable for any reasonable delay beyond our advertised delivery timeframes.

6. PRE-ORDERS AND BACK ORDERS

Please feel free to order Goods indicated as "Pre-Order" or "Back Ordered," but keep in mind that we will not deliver within typical shipping time-frames; nor can we set expectations of delivery timeframes at the time of order.

7. PAYMENT

Payment for Goods purchased via the Site can be made by credit card or other electronic means indicated on the Site. All Goods selected will be charged in U.S. dollars. Shipping, handling and taxes will be charged based on the shipping address. We do not accept payment by check or money order for orders placed through the Site.

8. SHIPPING CHARGES AND TAXES

Shipping is your responsibility, unless stated otherwise on the Site at the time of your order. Unless you provide us with a valid and correct tax exemption certificate applicable to the Goods ship-to location at the time of purchase, you will be responsible for sales tax and all other taxes associated with the order, however designated.

9. TITLE; RISK OF LOSS; INSURANCE

Title to the Goods passes from us to you on shipment from our facilities or our third-party manufacturer’s facilities. You are responsible for all losses or damage that occur during shipping. You are advised to purchase your own insurance to cover any losses that may occur during shipping.

10. LIMITED WARRANTY

We warrant to the original purchaser that the Goods, including any exchanged or repaired goods, will be free in all material respects of defects in materials and workmanship for thirty (30) days from the date of purchase ("Limited Warranty"). At our option, we will either repair or exchange any part of the Goods. You will not be charged for labor, parts, or shipping. The Limited Warranty does not cover:

• Goods damaged by normal wear and tear, accident, abuse, misuse, acts or war, or natural or personal disaster;
• Goods marked as “sample” or sold “AS IS” or where the serial number, date tags, or manufacturer codes have been defaced or removed;
• Goods that have not been handled, stored, installed, tested, maintained, or operated in accordance with the applicable documentation furnished by Us;
• Goods damaged by being modified by anyone other than us; and
• non-OmniMask-branded products, even if packaged and sold with Goods.

11. WARRANTIES AND DISCLAIMERS

EXCEPT TO THE EXTENT SET FORTH IN SECTION 10 (LIMITED WARRANTY) TO THE MAXIMUM EXTENT PERMITTED BY LAW, OMNIMASK LLC PROVIDES THE GOODS ON AN “AS IS” BASIS, AND DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GOODS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT, AND ACCURACY. NO REVISION IN LIMITED WARRANTIES WILL AFFECT GOODS ALREADY ORDERED BY YOU.

INSOFAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, TO THE EXTENT PERMITTED BY LAW OMNIMASK LLC LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES FOR THE GOODS TO THE DURATION OF ITS EXPRESS LIMITED WARRANTY (SEE SECTION 10) AND, AT THE COMPANY’S OPTION, TO THE REPAIR OR REPLACEMENT OF THE GOODS DESCRIBED THEREIN.

WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW YOU USE THE GOODS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND THE COMPANY DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR PERSON OR OTHER PERSONS OR PROPERTY, RESULTING FROM YOUR USE OF THE GOODS.

12. LIMITATION OF LIABILITY

IN ADDITION TO THE ABOVE WARRANTY DISCLAIMER, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL: (A) OMNIMASK LLC, ITS MEMBERS, PARTNERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AFFILIATES, PARENTS, SUCCESSORS, ASSIGNS, LICENSORS, SUPPLIERS, AND RESELLERS (COLLECTIVELY, “OMNIMASK PARTIES”) BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR PERSONAL INJURY OR LOST DATA, PROFITS, EQUIPMENT OR PROPERTY, ARISING FROM OR RELATING TO THE GOODS, EVEN IF THE OMNIMASK PARTIES KNEW OF, SHOULD HAVE KNOWN OF, OR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE TOTAL CUMULATIVE LIABILITY OF THE OMNIMASK PARTIES ARISING FROM OR RELATED TO THE GOODS, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE FEES, IF ANY, ACTUALLY PAID BY YOU TO THE COMPANY OR OUR AUTHORIZED RESELLERS FOR THE GOODS AT ISSUE IN THE PRIOR TWELVE (12) MONTHS. THIS LIMITATION APPLIES NO MATTER HOW MANY GOODS YOU OWN AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED.

SOME STATES, COUNTRIES, AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS AND/OR EXCLUSIONS DESCRIBED ABOVE MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BETWEEN STATES, COUNTRIES, AND JURISDICTIONS. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

13. YOUR INDEMNITY TO US

To the maximum extent permitted by law, you will indemnify, defend and hold the OmniMask Parties harmless from any and all claims, demands, causes of action, debts or liabilities (including reasonable attorneys' fees, expenses and court costs) arising from: (a) your modification, misuse, and/or addition to the Goods; (b) your breach of the Terms of Sale including but not limited to your obligations under sections 14 (Agreement to Arbitration), 15 (Class-Action Waiver), and 17 (Export Compliance); (c) your omissions, misrepresentations, and/or negligence including but not limited to mis-maintenance of the Goods; and/or (d) Goods sold by you that cause damage to a third party to the extent such claim is based your breach of (a) thru (c) of this Section. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without prior written consent by the legal department of OmniMask LLC. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

14. AGREEMENT TO ARBITRATION

You and We each agree that any claim, dispute or controversy between us (including disputes involving any of the OmniMask Parties) whether in contract, tort or otherwise, including but not limited to the breach, termination or invalidity of the Terms of Sale (individually and collectively, a “Dispute”) and which cannot be settled amicably by agreement of the parties to this Terms of Sale shall be submitted to binding arbitration, administered by JAMS, presided over by an arbitrator mutually agreeable to both parties and governed by JAMS’ comprehensive arbitration rules and procedures in effect at the time the Dispute arises. The place of arbitration shall be Contra Costa County, California. The award rendered shall be final and binding on both parties. The proceedings shall be confidential other than as necessary to enforce in a court. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, severability, or enforcement of this arbitration agreement, including without limitation any claim that the Terms of Sale is void or voidable. Notwithstanding the foregoing, although the merits of the underlying Dispute will be resolved in accordance with this section, We may seek injunctive relief in any court having jurisdiction to protect our intellectual property or confidential information.

15. CLASS-ACTION WAIVER

You and We each agree that any proceedings to resolve or litigate any Dispute (including disputes involving any of the OmniMask Parties), whether in arbitration, in court, or otherwise, will be conducted solely on an individual basis, and that neither you nor we will seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you or we act or propose to act in a representative capacity. You and we further agree that no arbitration or proceeding will be joined, consolidated, or combined with another arbitration or proceeding without the prior written consent of you, us, and all parties to any such arbitration or proceeding.

16. GOVERNING LAW

The Terms of Sale and any Dispute are governed by and construed under the laws of the State of California (without giving effect to any conflicts of laws principles that require the application of the laws of a different jurisdiction) and by applicable federal law, including the Federal Arbitration Act. Any nonarbitrable Dispute must be brought in a state court located in Contra Costa County or federal court located in the Northern District of California and the parties irrevocably submit to the jurisdiction and venue of any such court in any such action or proceeding, and you and the Company irrevocably submit to the jurisdiction and venue of any such court in any such action or proceeding.

17. EXPORT COMPLIANCE

The Goods are currently licensed for sale, evaluation and/or use only in the United States. You acknowledge that the Goods sold or licensed under the Terms of, and the transactions involving these Goods, are subject to the customs and export control laws and regulations of the United States and may also be subject to the customs and export laws and regulations of the country in which the Goods are manufactured and/or received. You acknowledge that it is your sole responsibility to comply with and abide by those laws and regulations. Further, under U.S. law, the Goods shipped pursuant to the Terms of Sale may not be sold, leased or otherwise transferred to restricted countries or utilized by restricted end users or an end user engaged in activities related to weapons of mass destruction, including without limitation, activities related to the design, development, production or use of nuclear weapons, materials, or facilities, missiles or the support of missile projects, and chemical or biological weapons. You agree not to provide any written regulatory certifications or notifications on behalf of us.

18. PUBLICITY

If you are a legal entity or unincorporated association, by purchasing any of our Goods you grant us the right to identify you as a customer (and to use your logo solely for that purpose) on the Site and in our marketing literature without reservation or limitation provided, however, we will not issue a press release identifying you as a customer or otherwise expressly claim an endorsement of our Goods by you without your written permission.

19. GENERAL PROVISIONS

The Terms of Sale constitute the final, complete, and exclusive agreement between you and us regarding the Goods and supersede all prior or contemporaneous agreements, understandings, and communication, whether written or oral. The right and obligations of the Terms of Sale are personal to you. Any attempt by you to assign, transfer or delegate the Terms of Sale without the express written permission of us shall be null and void. Except as otherwise provided in this Section, no amendment to the Terms of Sale is valid unless in a hand-signed writing executed by you and us. If any provision of the Terms of Sale is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. All waivers by us will be effective only if in writing. Any waiver or failure by us to enforce any provision of the Terms of Sale on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. Any notice to you may be provided by email to the address that you registered with us. The section headings in the Terms of Sale are included to help make the agreement easier to read and have no binding effect. You agree that regardless of any statute or law to the contrary, unless otherwise barred by law, any claim or cause of action arising out of or related to your purchase or use of the Goods must be filed within one (1) year after such claim or cause of action arose or is forever barred. Provided, however, that the limitation in the foregoing sentence shall not apply to any claim or cause of action arising out of or related to infringement of our copyright, patent, trademark or other intellectual property rights.

20. QUESTIONS

If you have any questions regarding the Terms of Sale, please contact us through the support link on our Site.

LAST UPDATED: March 31, 2025.

PLEASE READ THIS TERMS OF SERVICE AGREEMENT (“TERMS OF SERVICE” OR “AGREEMENT”) CAREFULLY. ITS TERMS APPLY TO YOUR USE OF OMNIMASK.COM AS WELL AS SERVICES OPERATED BY OR PROVIDED THROUGH THAT SITE (COLLECTIVELY, THE “SITE”) AND ANY UPDATES TO THE SITE.

BY ACCESSING OR USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF SERVICE ON BEHALF OF YOURSELF AND/OR THE ENTITY YOU REPRESENT, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THE TERMS ON BEHALF OF YOURSELF AND/OR THE ENTITY YOU REPRESENT.

IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, YOU CANNOT USE THE SITE.

1. OVERVIEW

The following terms and conditions govern your use of the Site operated by OmniMask LLC (the “Company,” “We” or “Us”). By accessing or using the Site, you indicate your acceptance of the Terms of Service. We reserve the right to change these Terms of Service at any time. Please review the then-current Terms of Service each time prior to using the site. Every time you use the Site, the Terms of Service in force at that time will apply between you and us. The Terms of Service do not apply to your purchase of products and services through the Site (collectively, “Goods”), which are instead governed by the Terms of Sale.

2. ELIGIBILITY

You may use the Site only if you: (a) are over the age of 13; (b) can form a binding legal agreement contract with the Company; and (c) comply with the Terms of Service and all applicable local, state/provincial, national and international laws, rules, and regulations. Any use or access of the Site by anyone previously suspended or terminated from using the Site is prohibited and in violation of the Terms of Service.

3. TERM AND TERMINATION

The Terms of Service remain in full force and effect so long as you continue to use or access the Site. At our sole discretion, We may at any time suspend or terminate your rights to use the Site if We believe in good faith that you have used the Site in violation of the Terms of Service. If We do suspend or terminate your rights to use the Site, your Account (as defined herein) automatically terminates.

4. ACCOUNTS

To access and/or use certain areas or features of the Site, you may need to register for an account (“Account”) and provide certain information about yourself. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Site does not violate any U.S. or other applicable law or regulation (e.g., you are not located in an embargoed country or are not listed as a prohibited or restricted party under applicable export control laws and regulations). You are responsible for maintaining the confidentiality of your login information and password, and for all activities that occur under your Account. You may not use another user’s Account without permission. We encourage you to use strong passwords, using a combination of upper and lower case letters, numbers and symbols. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We are not liable for any loss or damage arising from your failure to comply with the above requirements.

5. ACCESS AND USE

Subject to the Terms of Service, We grant you a non-transferable, non-exclusive, non-sublicensable right to use the Site solely for the purposes of obtaining and using Goods made by the Company.

6. RESTRICTIONS

The rights granted to you in the Terms of Service are subject to the following restrictions: (a) you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or any part thereof; (b) you agree not to access the Site in order to build sites, services, or software similar or competitive to any aspect of the Site; (c) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site (except to the extent applicable laws specifically prohibit such restriction for interoperability purposes, in which case you agree to first contact the Company and provide us with an opportunity to create such changes as are needed for interoperability purposes); (d) you agree that, except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (e) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, any aspect of the Site as well as any other system, device or property; (f) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Site or to violate the regulations, policies, or procedures of such networks; (g) you agree not to access (or attempt to access) any of the Site by means other than through the interface that is provided by us; and (h) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Site. Any future release, update, or other addition to functionality of the Site shall be subject to the Terms of Service.

7. OWNERSHIP

You acknowledge that the Company and/or its licensors, suppliers, and business partners own all intellectual property rights in the Site, including copyrights, patents, trademarks, and trade secrets. Your use of the Site does not create or transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. The Company and/or its licensors, suppliers, and business partners reserve all rights not granted in the Terms of Service.

8. IDEAS AND SUGGESTIONS

Upon our invitation or your own initiative, you may choose to submit comments, suggestions, or ideas about how to change or improve the Site, and/or to change, improve, or even design new Goods (“Ideas”). In making this choice, you agree that: (a) your submissions are voluntary and gratuitous; (b) you make such submissions without restriction and will not place, or attempt to place, the Company under any fiduciary or other obligation with respect to such Ideas; (c) you assign, transfer, and set over to the Company, its successors, legal representatives, and assigns the entire right, title, and interest in such Ideas and the entire right, title, and interest in and to any applications for Letters Patent of the United States or other countries claiming priority to said applications, and any and all Letters Patent or Patents of the United States of America and all foreign countries that may be granted therefor and thereon, and in and to any and all applications claiming priority to said applications, divisions, continuations, and continuations-in-part of said applications, and reissues and extensions of said Letters Patent or Patents, and all rights under the International Convention for the Protection of Industrial Property, the same to be held and enjoyed by Us, for our own use and behalf and the use and behalf of its successors, legal representatives, and assigns; and (d) We are free to use and disclose such Ideas without any additional compensation to you. You also agree that the Company does not waive any rights to use similar or related ideas previously known to Us, developed by our employees and contractors, or obtained from other sources.

9. OPEN SOURCE

Certain items of independent, third-party code may be included in the Site that are subject to the GNU General Public License (“GPL”) or other open source licenses (“Open Source Software”). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in the Terms of Service limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software. In particular, nothing in the Terms of Service restricts your right to copy, modify, and distribute such Open Source Software that is subject to the terms of the GPL.

10. PRIVACY

Please review our Privacy Policy, which is available on our Site. Our Privacy Policy describes practices regarding information We may collect from you and other users of the Site.

11. INFORMATION SECURITY

We cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

12. CHANGES TO THE SITE

We reserve the right at any time to update, modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that the Company will not be liable to you or to any third party for any update, modification, suspension, or discontinuance of the Site, or any part thereof.

13. REVISIONS TO THE TERMS OF USE

We may revise the Terms of Service at any time and with or without notice to you. When We do, We will post the new policy at https://omnimask.com/termsofservice. Any changes will be effective immediately upon posting of the revised Terms of Service on the Site. You agree to be bound by any and all future revised Terms of Service if you continue to use the Site after such revisions are posted.

14. WARRANTY DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OMNIMASK LLC PROVIDES THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT, AND ACCURACY. THE COMPANY DOES NOT WARRANT THAT OPERATION OF THE SITE WILL BE: (A) COMPATIBLE WITH YOUR COMPUTING DEVICE; (B) AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) ACCURATE OR RELIABLE.

IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, TO THE EXTENT ALLOWED BY LAW OMNIMASK LLC LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES FOR THE SITE TO ONE YEAR OR THE MINIMUM PERMITTED BY LAW, WHICHEVER IS LESS.

WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW YOU USE THE SITE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND THE COMPANY DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR PERSON OR TO OTHER PERSONS OR PROPERTY, RESULTING FROM YOUR USE OF THE SITE.

15. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL: (A) OMNIMASK LLC, ITS MEMBERS, PARTNERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AFFILIATES, PARENTS, SUCCESSORS, ASSIGNS, LICENSORS, SUPPLIERS, AND RESELLERS (COLLECTIVELY, “OMNIMASK PARTIES”) BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR PERSONAL INJURY OR LOST DATA, PROFITS, EQUIPMENT OR PROPERTY, ARISING FROM OR RELATING TO THE SITE, INCLUDING BUT NOT LIMITED TO THE ACQUISITION AND USE OF YOUR PERSONAL INFORMATION BY UNAUTHORIZED THIRD PARTIES, EVEN IF THE COMPANY KNEW OF, SHOULD HAVE KNOWN OF, OR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE TOTAL CUMULATIVE LIABILITY OF THE OMNIMASK PARTIES ARISING FROM OR RELATED TO THE SITE, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE FEES, IF ANY, ACTUALLY PAID BY YOU TO THE COMPANY OR OUR AUTHORIZED RESELLERS IN THE PRIOR TWELVE (12) MONTHS. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED.

SOME STATES, COUNTRIES, AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS AND/OR EXCLUSIONS DESCRIBED ABOVE MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE, COUNTRY TO COUNTRY, OR JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

16. RELEASE RELATED TO THIRD PARTIES

The Site may contain links to other web sites and services operated by third parties that are not under our control (“Third-Party Sites”). We provide these links only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Sites. You hereby release the Company from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such Third-Party Sites.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

17. YOUR INDEMNITY TO US

To the maximum extent permitted by law, you will indemnify, defend and hold harmless the OmniMask Parties from any and all claims, demands, causes of action, debts or liabilities (including reasonable attorneys’ fees, expenses and court costs) arising out of or related to your violation of the Terms of Service. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the OmniMask Parties and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without prior written consent from our legal department. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

18. AGREEMENT TO ARBITRATION

You and We each agree that any claim, dispute or controversy between us (including disputes involving any of the OmniMask Parties) whether in contract, tort or otherwise, including but not limited to the breach, termination or invalidity of this Agreement (individually and collectively, a “Dispute”) and which cannot be settled amicably by agreement of the parties to this Agreement shall be submitted to binding arbitration, administered by JAMS, presided over by an arbitrator mutually agreeable to both parties and governed by JAMS’ comprehensive arbitration rules and procedures in effect at the time the Dispute arises. The place of arbitration shall be Contra Costa County, California. The award rendered shall be final and binding on both parties. The proceedings shall be confidential other than as necessary to enforce in a court. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, severability, or enforcement of this arbitration agreement, including without limitation any claim that this Agreement is void or voidable. Notwithstanding the foregoing, although the merits of the underlying Dispute will be resolved in accordance with this section, We may seek injunctive relief in any court having jurisdiction to protect our intellectual property or confidential information.

19. CLASS-ACTION WAIVER

You and the Company each agree that any proceedings to resolve or litigate any Dispute (including a Dispute involving any of the OmniMask Parties), whether in arbitration, in court, or otherwise, will be conducted solely on an individual basis, and that neither you nor We will seek to have any Dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you or We act or propose to act in a representative capacity. You and We further agree that no arbitration or proceeding will be joined, consolidated, or combined with another arbitration or proceeding without the prior written consent of you, the Company, and all parties to any such arbitration or proceeding.

20. GOVERNING LAW

The Terms of Service and any Dispute are governed by and construed under the laws of the State of California (without giving effect to any conflicts of laws principles that require the application of the laws of a different jurisdiction) and by applicable federal law, including the Federal Arbitration Act. Any nonarbitrable Dispute must be brought in a state court located in Contra Costa County or federal court located in the Northern District of California and the parties irrevocably submit to the jurisdiction and venue of any such court in any such action or proceeding, and you and the Company irrevocably submit to the jurisdiction and venue of any such court in any such action or proceeding.

21. GENERAL PROVISIONS

The Terms of Service constitute the final, complete, and exclusive agreement between you and the Company regarding the Site and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. The right and obligations of the Terms of Service are personal to you. Any waiver by the Company and/or any attempt by you to assign, transfer or delegate the Terms of Service shall be null and void without the express signed written permission from our legal department. If any provision of the Terms of Service is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Any waiver or failure by the Company to enforce any provision of the Terms of Service on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. Any notice to you may be provided by email to the address that you registered with Us. The section headings in the Terms of Service are included to help make the agreement easier to read and have no binding effect. You agree that regardless of any statute or law to the contrary, unless otherwise barred by law, any claim or cause of action arising out of or related to your purchase or use of the site must be filed within one (1) year after such claim or cause of action arose or is forever barred.

22. QUESTIONS

If you have any questions regarding the Terms of Service, please contact us.

LAST UPDATED:  March 31, 2025

PLEASE READ THE FOLLOWING PRIVACY POLICY CAREFULLY. THE TERMS OF OUR PRIVACY POLICY APPLY TO: (A) YOUR USE OF OMNIMASK.COM AND SERVICES OPERATED BY OR PROVIDED THROUGH THAT SITE (COLLECTIVELY, THE “SITE”) AS WELL AS ANY UPDATES TO THE SITE; AND (B) ANY PRODUCTS OR SERVICES (COLLECTIVELY, “GOODS”) YOU ORDER THROUGH OR RECEIVE FROM THE SITE OR OUR AFFILIATES, INCLUDING BUT NOT LIMITED TO ANY EXCHANGES, REPLACEMENTS, OR REPAIRS.

1. INFORMATION WE COLLECT

We may collect the following information:

• Information you give us. When you create an account on or purchase through our Site we collect personal information like your name, address, email, and telephone number. When you purchase, we also collect payment and shipment information as well as, for example, the sizes and quantities of Goods that you order. If you create support tickets on our Site, we collect information such as, for example, your name, email, and details about your Goods, as well as the support issue itself. If you use the Site to register your purchase, to complete the transaction we collect some or all of the information described in this paragraph.

• Information about the Goods. On our shipment to you, or when you ship back to us, we collect information related to the Goods, such as the model and serial number, among other examples.

• Information about your use of the Site. We also use tools to collect information about you and how you use our Site. This information includes your browser and OS type, your IP address, geolocation, pages that you visit, the length of visit, the number of visits, and the features you used, among other things. We also use temporary session cookies to keep you logged into your account while you use the Site, and persistent cookies, which stay in your browser and allow us to recognize you when you return to the Site. We also use advertising services that uses cookies to market our products and services to you on other websites. Most browsers automatically allow cookies. You can use your browser’s security settings to disable cookies, although some features of the Site may not work for you afterwards.

 

2. HOW WE USE YOUR COLLECTED INFORMATION

We may use your personal information for the following purposes:

• To improve our Goods. For example, we can roll out different packages and features depending on customer interest.

• To improve customer service. Information you provide helps us respond to your customer service requests and support needs more efficiently.

• To improve our Site. We use information about your use of the Site (including feedback you provide) to improve the quality and organization of our Site and information on our Site.

• To process payments. We use the information you provide when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.

• To enable other Site features.  Examples include a promotion, contest, or survey.

• To send you information you agreed to receive or about topics we think will be of interest to you.

• To respond to legal inquiries. We may share some or all of your personal information in response to a governmental or private legal demand.

• To send periodic emails. We may use your email address to send you information and updates pertaining to your order and/or other Goods. It may also be used to respond to your inquiries, questions, and/or other requests. If you opt-in to the mailing list, you will receive emails that may include company news, updates, related product or service information, and other items. You may unsubscribe from future emails by using the instructions at the bottom of each email.

 

3. HOW WE PROTECT YOUR INFORMATION

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. Sensitive and private data exchange between the Site and you over a SSL secured communication channel and is encrypted and protected with digital signatures.

4. SHARING YOUR PERSONAL INFORMATION

We use third-party service providers to help us operate our business and the Site and administer activities on our behalf, such as sending out newsletters or surveys to you. We may share your information with these third parties for those limited purposes.

5. THIRD-PARTY INTERNET SITES

You may find advertising or links on our Site to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by sites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interacting with other sites is subject to the terms and policies of those sites.

6. COMPLIANCE WITH CHILDREN'S ONLINE PRIVACY PROTECTION ACT OF 1998

No part of our Site is structured to attract anyone under 13 and we never collect or maintain information at our Site from those we actually know are under 13.

7. CHANGES TO THIS PRIVACY POLICY

We reserve the right to update this privacy policy at any time without prior notice to you. When we do, we will post the new policy at omnimask.com/privacy with a revised date at the top of the policy. We encourage you to check that location frequently for any changes and to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and to be aware of modifications.

8. YOUR ACCEPTANCE OF THESE TERMS

By accessing or using this Site, you accept and agree to the terms of our Privacy Policy and our Terms of Use. If you do not agree, you do not have permission to use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

9. CONTACT US WITH QUESTIONS

Please contact us if you have any questions about this Privacy Policy, the practices of, or your dealings with, this Site, or our company, OmniMask LLC.