Terms & Conditions
OMF INTERNATIONAL
DOES NOT WARRANT THAT INFORMATION CONTAINED ON THE SITE WILL BE ACCURATE,
RELIABLE OR ERROR FREE, OR THAT DEFECTS WILL BE
CORRECTED. OMF INTERNATIONAL CANNOT BE HELD RESPONSIBLE FOR ERRORS AND
OMISSIONS IN THE SITE AND RESERVES THE RIGHT TO MODIFY AND CORRECT ERRORS AT
ANY TIME. MATERIAL ON THE SITE MAY ALSO CONTAIN TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS (INCLUDING PRICING ERRORS), AND MAY BE CHANGED, UPDATED OR
MODIFIED AT ANY TIME AND FROM TIME TO TIME WITHOUT NOTICE; OMF INTERNATIONAL
WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY SUCH INACCURACIES, ERRORS, CHANGES,
OR UPDATES. OMF INTERNATIONAL MAY IN ITS SOLE DISCRETION ADD,
DELETE, OR CHANGE SOME OR ALL OF ITS PRODUCTS AND SERVICES AT ANY TIME.
OMF International has attempted to accurately depict the products offered on
the site. However, because the depiction of a product is dependent on your
computer monitor, OMF International cannot guarantee that such depiction will
be accurate. The products also may appear larger or smaller than their actual
size depending on your monitor. Some photographs have been enlarged to show
detail.
USE OF THE SITE IS
ENTIRELY AT YOUR OWN RISK. EXCEPT AS EXPRESSLY SET FORTH BELOW OR IN A WRITTEN
WARRANTY THAT ACCOMPANIES A PRODUCT (AND THEN ONLY WITH RESPECT TO SUCH
PRODUCT), OMF INTERNATIONAL EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND
AVAILABILITY) REGARDING THE SITE AND ANY PRODUCTS OFFERED OR AVAILABLE THROUGH
THE SITE. THE SITE AND PRODUCTS AND INFORMATION ON THE SITE ARE PROVIDED ON AN
'AS IS-WHERE IS' BASIS. NEITHER OMF INTERNATIONAL NOR ITS SUBSIDIARIES,
AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, EMPLOYEES,
REPRESENTATIVES, SHAREHOLDERS, PREDECESSORS, SUCCESSORS, OR ASSIGNS
(COLLECTIVELY, 'AFFILIATES') WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING DIRECTLY OR
INDIRECTLY FROM USE OF THE SITE, THE INFORMATION CONTAINED ON OR TRANSMITTED
FROM THE SITE OR PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE, OR
TRANSACTIONS CONDUCTED AT THE SITE, EVEN IF OMF INTERNATIONAL HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE
TOTAL LIABILITY OF OMF INTERNATIONAL OR ITS AFFILIATES ARISING DIRECTLY OR
INDIRECTLY FROM THIS SITE OR ANY PRODUCTS AVAILABLE OR PURCHASED THROUGH THE
SITE EXCEED THE LESSER OF THE AMOUNT PAID BY YOU TO OMF INTERNATIONAL FOR THE
SINGLE PRODUCT AT ISSUE, OR ONE HUNDRED DOLLARS ($100). YOU HEREBY ACKNOWLEDGE
THAT ALL THE PROVISIONS OF THIS SECTION WILL APPLY TO ALL USE OF THE SITE, THE
INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AVAILABLE OR PURCHASED THROUGH
THE SITE, AND TRANSACTIONS CONDUCTED AT THE SITE.
Subject to the
following arbitration provision these terms and conditions shall be governed
by, construed and interpreted according to the laws of the State of Colorado, and you and OMF International (the 'Parties')
agree to and consent to the exclusive jurisdiction and venue of the courts in Arapahoe County, Colorado.
Should a dispute arise between the Parties which cannot be resolved by the
Parties in good faith negotiations, both Parties agree to submit such dispute
to arbitration in Colorado, before a single arbitrator familiar with the
Uniform Commercial Code using the Commercial Rules of the American Arbitration
Association, with the following modifications to be enforced by the arbitrator
consistent with Colorado law:
(a) any such arbitration proceeding shall be confidential as to
the existence, content, and results of the arbitration;
(b) depositions shall not exceed two (2) per party and all must
be completed within a single day;
(c) document
requests are limited to no more than ten (10) clearly identified categories of
documents which must be provided to the requesting party within five (5)
business days of the request;
(d) each party shall have no more than eight (8) hours to
present its position; and
(e) the entire hearing shall last no longer than three (3)
business days.
The award, if any,
shall be rendered no more than thirty (30) days following the end of the
proceeding. Judgment upon the award rendered by the arbitrator may be entered
by any court having jurisdiction. Both Parties expressly agree that any such controversy
or claim shall be arbitrated on an individual basis, and shall not be
consolidated in any arbitration with any claim or controversy of any other
party. Each party shall bear its own attorneys' fees and costs in connection
with the proceedings and shall share equally the fees and expenses of the
arbitrator.