OMG H-Town

PRIVACY POLICY

OMGHtown.com promises to protect the personal information given to us by our customers, website visitors and information included in our mailing lists.

COLLECTION AND USE OF INFORMATION

OMGHtown.com collects personal data that you voluntarily provide to us. This might include your name, the name of your business, your address, phone number, e-mail address and other similar information that we need to provide services to our customers. We also analyze our website logs to constantly improve the value of our website to our visitors. This includes page views, unique views, unique visitors, repeat visitors, frequency of visits, and peak volume traffic periods. In our use of this service we do not gather, request, record, require, collect, or track any internet users' personally identifiable information. Additionally, we may gather personal information from you if you apply for employment with OMGHtown.com. Unless required by law, OMGHtown.com retains personal information only for as long as necessary to allow us to accomplish the purposes for which we collect it.

USE OF COOKIES

Cookies are small data files that are downloaded onto your computer when you visit our site that automatically identify your browser to our server whenever you interact with our site. We link the cookies to your personally identifiable information on our servers but no personal information is stored in the cookies themselves. We use cookies to track your use of our site. We do not share cookies with any other site. You may deactivate cookies in your browser at any time if you do not want to use cookies. Cookies are not required to visit OMGHtown.com.

DISCLOSURE OF INFORMATION

OMGHtown.com does not sell, rent, loan, trade or lease personal information shared to our representatives, collected on our website or included in our email lists to any third party. We will only use the personal information that you provide for the reason that you provided it to OMGHtown.com. For example, if you provide us with a shipping address we may use that personal information to create a shipping label. We may also share certain personal information with vendors or service providers that OMGHtown.com uses to service its customers. For example, a shipping address may be shared with the carrier used to deliver the package to you. OMGHtown.com may also share your personal information with vendors that help us provide you with services and help us provide you with an excellent customer experience. OMGHtown.com’s third party vendors only have access to your personal data for a short period of time. OMGHtown.com makes best efforts to be sure that its vendors are contractually obligated to carefully handle data received from OMGHtown.com and to delete it after a reasonable period of time.

INFORMATION UPDATES AND OPTING OUT

Information updates to your account or changes to your personal information will be made at your request. OMGHtown.com makes commercially reasonable efforts to ensure that all data, including your personal information, is accurate. You may unsubscribe from OMGHtown.com's promotional and marketing e-mail lists at any time. Unsubscribe links are provided in all promotional and marketing e-mails. You may also contact us to close your account at any time. Please note that personal information may be retained after you close your account to allow us to meet our obligations to you, resolve problems and meet applicable legal requirements.

DATA SECURITY

We take precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration or destruction.

GDPR RIGHTS

European Union data subjects have certain rights related to personal information under the EU General Data Protection Regulation. If you qualify, it is your right to request (a) access to your personal information; (b) data correction to your personal information is incorrect or incomplete; (c) object to OMGHtown.com’s use of your personal information because there is a strong legitimate reason that we should not process your personal information that is unique to you; or (d) OMGHtown.com’s deletion of your personal information. If you provided us with consent related to your personal data, you can withdraw that consent at any time. You may also unsubscribe from promotional and marketing e-mails at any time by contacting OMGHtown.com.

DATA SECURITY

We take precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration or destruction. Please note that our data security precautions are not a guarantee that that data will not be subject to unauthorized access, disclosure or destruction if our safety precautions are breached. Electronic disclosure of personal information may not always be secure or error free and OMGHtown.com is not responsible for disclosures that happen due to transmission errors or unauthorized interception of electronic communication. We may reach out to you electronically if we discover a data security breach. Sharing personal information with us or using OMGHtown.com is your agreement that we can contact you electronically to share information related to privacy and information on data security so that you can take steps to protect your information. You may also be entitled to receive written notice of a security breach under your local law.

ENFORCEMENT

If for any reason you believe that OMGHtown.com has not adhered to these privacy principles or you wish to object to or withdraw previously provided consent to process your personal information, please notify us by email and we will endeavor to review and promptly correct the problem.

EXTERNAL LINKS

This website provides links to various websites that OMGHtown.com does not control. When you click on one of these links, you will be transferred out of our website and connected to the website of the organization or company that you selected. Even if an affiliation exists between our website and a third party website, we exercise no control over linked sites. Each of these linked sites maintains its own independent privacy and data collection practices and procedures. If you visit a website that is linked to our site, you should consult that site's privacy policy before providing any personal information.

INTERNATIONAL INFORMATION TRANSFERS

Any personally identifiable information that you provide to OMGHtown.com will be collected directly on servers located in Toronto Canada and maintained on servers located in the United States and Canada. If you are located outside theUnited States and Canada, this means that any information you provide will be transferred abroad. While OMGHtown.com is committed to providing your information with the highest level of privacy protection, we believe you should know that the general level of protection for personal information in the United States and Canada may not be the same as that provided in other countries, including those that belong to the European Economic Area.

TERMS AND MODIFICATIONS TO PRIVACY POLICY

By using this website, you signify your agreement to the terms of our privacy policy. If you do not agree with these terms, please do not disclose any personal information through this site. OMGHtown.com may modify this privacy policy at any time at its discretion and modifications are effective upon being posted on this site. You are responsible for reviewing this privacy policy periodically to ensure that you are aware of any changes to it.  If you have any questions or concerns regarding privacy on the OMGHtown.com website, please email the site.

This policy was last updated on December 30, 2024

TERMS OF USE

You must adhere to the terms and conditions for any use of the OMGHtown.com Site ("Site" as defined below). These terms and conditions are a legal agreement between you and the company or business you work for, and OMGHtown.com ("OMGHtown.com") stating the terms that govern all orders from OMGHtown.com and your use of this Site (the "Agreement"). Please read the entire Agreement carefully.

Use of the Site: Sections 1 through 12 apply specifically to any use of the Site. You agree that your use of the Site or any services available on or through the Site constitutes acceptance of the terms and conditions herein. If you work for or represent a business, you represent and agree that you are authorized by that business to enter into this Agreement on behalf of that business. OMGHtown.com is relying on the fact that you are authorized to enter into this Agreement on behalf of that business. If at any time you do not agree to be bound by this Agreement, you must immediately stop using the Site.

OMGHtown.com may from time to time amend, supplement or modify the terms of this Agreement. You must check this Agreement (available here) periodically for changes. Your continued use of the Site following the posting of any amendment, supplement or modification means that you accept and agree to it/them.

1. The Site. The Site includes everything posted on or provided through pages posted at https://www.OMGHtown.com or any other websites owned or controlled by OMGHtown.com including, but not limited to the following general categories:

Content: Content encompasses everything you see, hear, or otherwise receive from, on or through the Site, including but not limited to all software, marketing tools, images, graphics, photographs, works, copyright-protectible subject matter, trademarks, service marks, trade dress logos, trade names, text, documents and sounds, and all services provided through the Site.

Marketing Tools: Online marketing tools and services provided by OMGHtown.com on or through the Site include, but are not limited to Custom Online Catalogs, Design Center, Image Library including video library, price list, display tools.

2. Use of the Site. You may access, use or download Content for your business only as specifically permitted on the Site, or for your personal, noncommercial purposes. OMGHtown.com grants you a limited, revocable, nonexclusive right to use the Marketing Tools as specifically permitted on the Site, for the purposes expressed on the Site. No other use of Content or Marketing Tools is allowed. These limited rights are granted to you as long as you:

• Make only lawful use of the Site and the content.

• Violate no rights or licenses of any third party.

• Keep unchanged all copyright and other notices.

• Protect the Content from unauthorized use, modification, reproduction, distribution or publication.

• Do not portray OMGHtown.com, its affiliates or licensors, or their products or services, in a false, misleading, derogatory, or offensive way.

• Abide by all applicable local, state, federal, national and international laws, rules and regulations.

• Send e-mails only to recipients with whom you have a prior business relationship.

• Send no e-mails to recipients who have asked that you stop sending them e-mails.

• Do not use a false e-mail address, impersonate any person or entity, or otherwise mislead anyone as to the origin of your services or of any Content.

• Do not directly or indirectly access, use or download Content for the purpose of competing with OMGHtown.com (e.g., scraping product data or user information).

You may not upload post, transmit, distribute or otherwise publish on or to the Site any of the following:

• Software virus or other harmful component.

• Advertising or commercial material of any kind, except as expressly authorized in advance by OMGHtown.com.

• False, threatening, libelous, defamatory, pornographic, obscene or otherwise unlawful material.

You may not interfere with the Site or any other user's use of the Site by, for example, overloading, flooding, mail-bombing or crashing the Site, sending spam of any kind through the site, or inserting any code or product or manipulating the Content in any way that affects any third party's experience of the Site.

OMGHtown.com does not warrant or represent that you or other customers are permitted to use any third party marks. Any use of third party marks must comply with any restrictions imposed by the mark owner, and is done at the customer's own risk. OMGHtown.com is not responsible for the conduct of any person using the Site.

3. Submissions. You will provide accurate, current, and complete information as may be required in the course of using the Site. You further agree to maintain and update your information to ensure it is at all times accurate, current, and complete. You agree that OMGHtown.com may store and use any information you provide on an unrestricted basis for purposes of lawfully conducting its business, including but not limited to, keeping you up to date on product offerings.

4. Use by Children. The Site is intended only for those ages 18 and older. If you are under 18, you may not register or submit personally identifiable information on, to or through the Site. OMGHtown.com does not collect personally identifiable information from any person OMGHtown.com knows to be under 18.

5. Links. Links from the Site to third party sites are provided only as a convenience. You use outside links at your own risk. These links do not constitute OMGHtown.com's endorsement of any third party, its site, or its goods or services. OMGHtown.com shall not be responsible for and hereby disclaims liability for any injury or damages you may experience by using third party materials. You may not create links to the Site that portray OMGHtown.com in a false or misleading light. You may not use "framing" or similar techniques to enclose any portion of the Site. You may not link to any pages other than the OMGHtown.com home page.

6. Images. All images, photographs, pictures, designs and illustrations appearing on the OMGHtown.com Site (“Images") are protected by copyright law and other applicable laws and regulations. Images on the OMGHtown.com Site are intended for use by OMGHtown.com customers only. By accessing OMGHtown.com, you represent and warrant that you are a customer of OMGHtown.com and will at all times comply with all applicable laws, regulations, this Agreement and any other terms and conditions of use.

You may not use Images for any purpose unrelated to your business with OMGHtown.com. Images are updated from time to time. You may only use Images currently appearing on the Site and it is your responsibility to ensure that, at all times, you use current Images. Use of model or other images that would be potentially unflattering, defamatory, libelous, or otherwise unlawful is strictly prohibited.

7. Intellectual Property. Unless otherwise noted, OMGHtown.com owns or has licensed all Content, and any copyright, trademark, trade dress or other intellectual property which is protected under U.S. and international laws and treaties. The Site contains various protected trademarks, service marks, trade names and trade dress owned by OMGHtown.com, Inc. Other trademarks used on the Site are the property of their respective owners. You may not use any OMGHtown.com or other trademarks as part of your company name, corporate name, trade name or domain name.

8. Disclaimers and Liability Limitations. YOU USE THE SITE (COLLECTIVELY, THE "OMGHtown.com PROPERTIES") SOLELY AT YOUR OWN RISK. OMGHtown.com PROVIDES THE OMGHtown.com PROPERTIES ON AN "AS-IS, WHERE-IS" BASIS, AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO ACCURACY, COMPLETENESS, IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE TITLE, AND NONINFRINGEMENT AND ANY IMPLIED INDEMNITIES. IN NO EVENT WILL OMGHtown.com OR ITS LICENSORS BE LIABLE UNDER ANY THEORY FOR ANY DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE THE OMGHtown.com PROPERTIES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF OMGHtown.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If you are dissatisfied with the Site or any of the terms in this Agreement, your sole and exclusive remedy is to stop using the Site. Some states do not allow certain limitations on implied warranties or certain damages, so some of the above exclusions may not apply to you. You understand and agree that OMGHtown.com would not make the Site available "but for" your agreement to these disclaimers and liability limitations, and that OMGHtown.com is at all times relying on your agreement to these disclaimers and liability limitations when it provides you with access to and use of the Site.

9. Indemnification. You agree to defend, indemnify and hold harmless OMGHtown.com and its affiliates, officers, directors, owners, agents, employees, contractors, licensees and licensors from and against any and all actual or threatened claims, damages, costs and expenses, including all costs, expenses and reasonable attorneys' fees (including without limitation, fees and costs incurred in a bankruptcy proceeding, whether or not a lawsuit is filed), arising from or related to your use of the Site, and for your violation of any of the terms or conditions contained in this Agreement.

10. Termination. Your failure to comply with any of the covenants, terms or conditions in this Agreement automatically revokes your authorization, right and license to use the Site, and terminates any and all rights granted to you hereunder. Various parts of this Agreement will continue in full force and effect upon termination of your rights, according to their nature, including restrictions, disclaimers, liability limitations and indemnification obligations. Upon termination, you must promptly destroy all Content downloaded or obtained from this Site, as well as all copies of any Content. OMGHtown.com may change, suspend or discontinue or restrict any Site feature at any time without prior notice.

11. Applicable Law and Dispute Resolution. This Agreement shall be governed by, construed and enforced in accordance with the internal laws of the State of Texas, without giving effect to principles and provisions thereof relating to conflict or choice of laws irrespective of the fact that any one of the parties is now or may become a resident of a different state. Venue for any action under this Agreement shall lie only in Harris County, Texas. The parties hereby consent to personal jurisdiction over them by the courts within Harris County, Texas. The parties waive all objection and challenge to such venue and personal jurisdiction. In the event of a dispute hereunder, the prevailing party shall be entitled to recover its costs and expenses incurred, including reasonable attorneys' fees.

12. Miscellaneous. This Agreement constitutes the entire agreement between you and OMGHtown.com regarding access to and use of the Site and governs your use of any Content, superseding and entirely replacing prior agreements (if any) between you and OMGHtown.com therefor. You also may be subject to additional terms and conditions that may apply when you use affiliate links, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. OMGHtown.com's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. OMGHtown.com will not be responsible for failures to fulfill any obligations due to causes beyond its control. OMGHtown.com obtains permission from other manufacturers and content owners to make their brands, logos, products and other content available to you through the Site. You agree that these owners that license their rights and content to OMGHtown.com for the Site are intended third-party beneficiaries under this Agreement with the right to enforce the provisions of this Agreement that directly concern their content. In the event it should be determined that any provision of this Agreement is uncertain or ambiguous, the language in all parts of this Agreement shall be in all cases construed as a whole according to its fair meaning and not strictly construed for nor against either party.

YOU HAVE READ, UNDERSTOOD AND APPROVED OF THIS AGREEMENT; YOU HAVE HAD AN OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL AND WITH SUCH OTHER EXPERTS OR ADVISORS AS YOU HAVE DEEMED NECESSARY IN CONNECTION WITH THIS AGREEMENT. THE FACT THAT OMGHtown.com MAY HAVE DRAFTED ALL OR PORTIONS OF THIS AGREEMENT SHALL HAVE NO BEARING UPON ITS INTERPRETATION OR CONSTRUCTION.

YOU UNDERSTAND AND AGREE THAT THE PROVISIONS CONTAINED HEREIN REPRESENT AN AGREED ALLOCATION OF RISK WHICH IS REFLECTED IN THE OBLIGATIONS HEREUNDER SUCH AS THE DISCLAIMER OF ALL WARRANTIES AND THE LIMITATIONS ON LIABILITY. OMGHtown.com COULD NOT PROVIDE THE OMGHtown.com PROPERTIES, OR ITS PRODUCTS OR SERVICES TO YOU AT THE CURRENT PRICING "BUT FOR" YOUR AGREEMENT TO THESE TERMS AND CONDITIONS.