OBM takes a great pride in promoting their “Website” and aims to provide the eventual “User”, client with a luxurious and opulent experience.
OBM recommends the eventual “User”, client to take a moment in familiarizing themselves with the information below regarding the legal Terms and Conditions that apply to the use of the “Website” and any service or products that the “User”, client may order from OBM.
Opulence by Miriam, Inc. shall be referred to as OBM in this agreement.
Terms of Agreement, shall be referred to as the “Terms” in this agreement.
Person accessing OBM’s website, shall be referred to as the “User” in this agreement.
Opulence by Miriam website, shall be referred to as the “Website” in this agreement.
Acknowledgment & Acceptance.
OBM Shipping & Return Policies which contain important information forming the whole of this agreement and shall be collectively referred to as part of the “Terms” and apply to all communication, transaction and or purchase executed through OBM website.
The “User”, client purchase from the OBM website indicates that the user has had sufficient opportunity to access the “Terms” and contact OBM Customer Assistance with any questions regarding the understanding, acceptance and compliance with the “Terms” and that the user is eighteen (18) years or older, or have the consent of a legal guardian who is eighteen (18) years or older. The “User” shall not order items or services from OBM if the “User” is under eighteen (18) years of age and does not have the consent of a legal guardian who is eighteen (18) years or older. If the “User” is not in agreement to the “Terms”, please do not use OBM website.
OBM reserve the right to modify or discontinue the “Website” or any portion of the “Website”, temporarily or permanently, with or without notice to the “User”, client, and under no circumstance, is obligated to support or update the “Website”. It is agreed that OBM shall not be liable to the “User”, or client, or third party in the event that OBM exercises their right to modify or discontinue the “Website” in its entirety or any portion. Unless explicitly stated otherwise, any new features that augment or enhance the current “Website” shall be subject to these “Terms”.
OBM may change these “Terms” at any time. The “User” shall review the “Terms” prior to their visit of the “Website”. In the eventuality that OBM materially changes these “Terms”, OBM shall publish and advise the “User”, client of the changes through accessing the “Website” and agreeing to be bounded by the most recent version of the “Terms”.
OBM’s “Terms” include disclaiming warranties, liability, as well as releasing and indemnification by the “User” and shall review those sections and all other “Terms” carefully.
OBM shall take reasonable care when placing information on the “Website” in ensuring that published item details, images, texts, prices and description displayed are correct at the time. While OBM has attempted to show textures, appearances and colors of items as accurately as possible, noticeable color variations at delivery of purchased items may vary depending on the “User” monitor and computer equipment. OBM website cannot guarantee the item color accuracy reflecting an exact representation of the actual received item on the user computer monitor.
By submitting an order through the OBM website, the “User”, client offers to purchase a selected item and submit payment pursuant to these “Terms”. OBM reserves the right to accept or reject any order for any reason, including due to item unavailability, pricing error, image or item description, purchaser’s order error or inability to adequately verify the “User’s details.
OBM reserves the right to terminate the client’s account for any reason, or request photo ID (or any other such documentation OBM deems appropriate) from the “User”, purchaser for verification purposes before approval and processing the order. A binding agreement will form between OBM and the “User”, buyer once the order has been processed or commence shipment of the order.
The “User”, client order is subject to availability and OBM shall use their best endeavors to ensure that ordered items are available for delivery, and most cases shall notify the purchaser when the item is unavailable soon after the “User” has completed their order. At time, immediate notification to the “User”, buyer may cause to reject an order where OBM establish the item unavailability for delivery. Alternatively, OBM may contact the “User”, buyer of a delay in restocking a particular item and delivery of the order.
OBM shall provide a purchase cancellation and refund the full amount paid for such unavailable item.
OBM prices are quoted, and orders are calculated, in U.S. Dollars (USD). The client shall pay for a selected item purchased on the OBM website upon placement of order.
OBM accepts payment by American Express, Visa, MasterCard and PayPal and reserve the right to vary our accepted payment methods at any time without notice. If the “User”, buyer payment is not successfully processed, or if OBM suspects a fraudulent or unlawful transaction the said order may be cancelled at any time.
OBM and payment processing companies regulating ordered items will process, store and use information relating to the website purchases and contact information including name, telephone number, address, email address, to process and fulfill the “User”, buyer’s transaction.
Title Of Item.
Title of product shall pass to the “User”, buyer upon delivery or processed payment or otherwise by OBM. If the “User”, client payment is declined or reversed for any reason, OBM reserves the right to reclaim the purchased item from the client’s possession, custody or control even if they have been delivered to the buyer or moved from the delivery address. OBM reserves the right to keep or sell the item with the understanding that any risk of loss, damage or deterioration to any item shall be assumed by the “User”, buyer upon delivery.
The item pricing specified on OBM website do not include service charges such as shipping and taxes and the “User”, buyer shall pay, any excess, sales, use or taxes, and therefore such prices are subject to increase in the amount of any such tax (excluding tax on net income) that OBM may be required to collect or pay upon sale or delivery of the purchased item. The “User”, buyer agrees to pay OBM an amount equivalent to the taxes imposed on these charges in acceptance of the “Terms”
Please refer to OBM “Shipping Policy”
Once the “User” purchase has been placed with OBM, such order can be reviewed during the shopping process but cannot be cancelled or stop from shipping at the customer’s request after the purchase and payment has been completed. If an order has been incorrectly placed by the “User”, buyer, please refer to OBM “Return Policy”.
Please refer to OBM “Return Policy”
OBM shall not accept or permit the submission of text, graphics, photos, videos, material, information, comments, feedback, notes, messages, ideas, concepts, know-how, techniques, or other communications submitted by the “User” and other party hosting, sharing and or publishing of the user’s intent other than the information required when placing an order on OBM website.
OBM website “User” understands that using the “Website”, the user shall be exposed to the “User Submissions” from a variety of sources and that OBM shall not be held responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such “User Submissions” while accessing OBM website. The “User” further understands and acknowledge the possibility of being exposed to inaccurate, offensive, indecent, or objectionable “User Submissions” and agree to waive and hereby do waive, any legal or equitable rights or remedies the “User” have or may have against the OBM parties with respect thereto, and agree to indemnify and hold the OBM parties harmless to the full extent of the law regarding all matters related to the use of the “Website”.
Access To OBM Website.
OBM allow the use of the Website as set forth in these “Terms”, providing that the user will not copy, download or distribute any part of the “Website” in any form or medium without OBM’s prior written authorization, except as permitted in the Intellectual Property Rights section below; and the “User” shall not alter, modify, or make derivative works from any parts of the “Website” without OBM’s prior written consent, except as permitted in the “Intellectual Property Rights” section below and shall otherwise comply with these “Terms”.
The “User” shall not nor permit others to, license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party, all or any part of the rights provided to the “User” under these “Terms”, the “Website”, or any content or materials accessible through the “Website”, in whole or part. No other rights are granted herein except as expressly set forth in this Agreement. Any and all other rights are expressly assigned and reserved to OBM.
OBM may, in appropriate circumstances and at its sole discretion, disable or terminate the “User”, client account violating these “Terms”, including, but not limited to, the accounts of users who post the “User Submissions” that infringe copyrights, trademarks, rights of publicity, or other intellectual property rights, especially if they do so repeatedly and “User” providing false or inaccurate information.
Restrictions To OBM Website.
In accessing the “Website”, the “User” shall not:
- Provide false personal information or creating an account for anyone other than the “User” account without approval from OBM,
- Create and operate more than one “User” account without approval from OBM,
- Create a “User” account without permission following the disabling of a previous “User” account by OBM,
- Sharing of password, letting third party accessing the “User” account” or anything that can jeopardize the “Website” and account security,
- Sharing, assigning or transferring the “User” account login information to third party,
- Using website crawlers, robots, scatters, ants, automatic indexers, bots, worms, and other such devices in connection to the “Website”,
- Posting, transmitting or submitting any confidential, false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, inflammatory, scandalous, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, giving rise to civil liability, or otherwise violate the law,
- Uploading, downloading, posting, emailing or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party,
- Using the “Website” in any manner that could damage, disable, overburden, or impair the OBM website visually, or accessibility, or operation, or interfere with any other party’s use of the “Website”,
- Obtaining or attempting to obtain any content through any means not intentionally made available by OBM, or provided for through the “Website”.
- The impersonation or misrepresentation of any person or entity or the “User” affiliation with a third party,
- Removal, modification, disabling, blocking and obscuring or otherwise impair any advertisement regarding the “Website”,
- Collecting personally identifiable third-party information and or collecting user’s information for the purpose of sending, or to facilitate or solicitation encouraging the sending of, unsolicited grouped or single communications,
- Solicitation of other users to join, become members of, or contribute money to any online service or other organization,
Intellectual Property Rights.
All visuals, hearing, or otherwise experienced on OBM website, including but not limited to graphics, videos, text, software, photographs, scripts, interactive features and the like (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Mark”), are property or licensed to OBM, subject to copyright and other Intellectual Property Rights under the United States and International laws and conventions. OBM’s propriety consist of the copyright in the selection, coordination, arrangement and enhancement of the website content. Any unauthorized use of any materials of the OBM website may violate copyright, trademark, and other laws.
OBM website content is provided to the “User” “AS IS” condition for the “User” information and personal use only. The “User” personal use consists of viewing, copying and printing pages of the website. Otherwise, the Website may not be copied, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without OBM prior written consent. The “User” agrees not to use, copy, download, or distribute any of the Content other than as expressly permitted herein, including any use, copying, downloading, making derivative works from, or distribution of “User Submissions” of third parties obtained through the “Website” for any commercial purposes. The “User” may not incorporate the Content into, or stream or transmit the Content through any hardware and or software applications, or make it available through online links unless expressly permitted in writing by OBM. The person accessing OBM website shall not organize, or structure, or build a business using the Content of the OBM website for any reason. The “User” agrees not to circumvent, disable, or otherwise interfere with inclusive security related features of the Website or features that prevent or restrict usage or copying of any Content or enforce limitations on use of the “Website” or Content herein. Intellectual Property Owner or agent thereof believe that either any Content on OBM website or any material or activity contained on online location to which OBM has referred or linked “Users”, infringes upon your Intellectual Property Rights, you may submit a notification pursuant to the “Digital Millennium Copyright Act” (DMCA) by providing OBM copyright agent the following written information.
- A person physical and or electronic signature authorized to act on behalf of the owner of the exclusive right that is allegedly infringed,
- An identification of the copyrighted work claimed to have been infringed,
- An identification of the materials claimed to have been infringed or subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit OBM the location of the material or in case of referrals or links that are claimed to lead to infringement activity.
- The information permitting communications between OBM and claiming party with name, address, telephone number and email address if available.
- A correspondence stating in good faith the belief that use of the material in the manner complained of is unauthorized by the copyright owner, its agent, or by law and a document stating that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
The “User” acknowledges that failing to comply with all the requirements of this section, the “DMCA” notice shall not be considered valid. Such email or notice addressed to OBM without proper subject line, or of purposes other than communication about intellectual property claims, may not be acknowledged by OBM.
OBM recognizes and responds to complaints that Content infringes trademarks. Trademarks include logos, brand names, and trade dress, which is the distinctive visual appearance of a product or its packaging. As a trademark owner, you believe your rights have been infringed by the OBM website, please submit a notification of infringement to OBM’s agent listed in the procedure for making a claim of Intellectual Property Infringement section above.
Submitting a notification, the trademark owner or authorized agent of the trademark owner shall confirm the ownership or representation of the trademark item. Upon submitting a notification of a trademark or trade item infringement, a copy of the relevant trademark or trade item registration(s) from the United States Patent and Trademark Office and stipulate the location on the OBM website where the proposed infringement is taking place.
Disclaimer, Limitation Of Liability.
All items are sold as “AS IS” conditions without any warranties from OBM and associates parties. The “User” agrees that accessing and using the OBM website shall be at his sole risk and that the “Website” is provided “AS IS” and “AS AVAILABLE”. To the full extent permissible by applicable law, OBM company and associated parties disclaim all other warranties, expressed or implied (or if disclaiming implied warranties is not permitted by applicable law, the OBM company and associated parties expressly limit the duration of all other warranties to thirty (30) days from receipt of the applicable item, whether written or oral, relating to OBM items and services, the “Website” and these “Terms”, including without limitation the implied warranties of title, merchantability, fitness for a particular purpose, satisfactory quality, security, accuracy, the use of reasonable care and skill, and noninfringement and warranties arising from a course of dealing and performance, or trade usage. Without limiting the foregoing, OBM does not represent or warrant that the information on the “Website” or on any websites or online services linked to the website is accurate, complete or current; that the “Website” or any service will operate without interruption or error; or that the quality, safety or legality of any content, products, services, information or other material purchased or obtained by the “User” through the OBM website or otherwise agreements entered with third parties. OBM and associated parties assume no responsibility for any errors, mistakes, or inaccuracies of content, personal injury or property damage, of any nature whatsoever (including, without limitation, data loss or corruption), resulting from the “User” access of the “Website”, unauthorized access to OBM website server(s) and or any and all personal information and or information stored therein, interruption or cessation of transmission to or from the “Website”, malwares, viruses, trojan horses, destructive computer codes, or the like which may be transmitted to or through the OBM website by third party, and or loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Website. You acknowledge that OBM has no control over nor guarantees the quality, safety or legality of courses or events advertised, the truth or accuracy of any “User” or advertiser’s content or listings, or the ability of any “User” or advertiser to perform, or actually complete a transaction.
OBM acknowledged that within the United States certain states do not allow disclaimer(s) of implied warranties or limitations on how long an implied warranty lasts, so the above disclaimer or limitation may not apply to the “User” and the “User” may have other rights which vary from state to state.
- In no event shall the OBM company and associated parties be liable for damages arising as a result of any delay by OBM under these “Terms”,
- In no circumstance or event shall OBM and associated parties be liable for consequential, incidental, special, punitive, treble or exemplary damages or other similar damages (including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods) suffered by the “User” or claims made against the “User”, arising out of or in connection with the “Website”, inability to access or use the “Website”, the items, products, services, or late supply of items, products or services, the “Terms”, errors, mistakes, omissions, or inaccuracies of content, personal injury or property damage, of any nature whatsoever, resulting from the “User” access to and use of the “Website”, unauthorized access to or use of OBM server(s) and, or any and all information stored therein, interruption or cessation of transmission to or from the Website, malwares, viruses, trojan horses, or the like, which may be transmitted to or through the website by any third party, User Submissions, third party websites; or any loss or damage of any kind incurred as a result of the use of any content, the “User” business transactions or other interactions with any advertisers or sponsors wherein such content or advertisement is posted, email, transmitted, or otherwise made available through OBM website, or the “User” attendance at any event posted on OBM website, regardless of the cause of action and regardless of whether OBM and associated parties knew of the likelihood of such damages to the maximum extent permitted under law, where the liability cannot be excluded, or total liability arising out of or in connection with the items, the services or the “Terms” and the “Website” and its content, however arising, including under contract, tort including negligence, in equity, under statute or otherwise, will be more than the amount the “User” paid for the product that is the subject of a claim.
- OBM acknowledged that within the United States certain states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to the “User”, and the “User” may also have other rights which vary from states to states.
Any claims relating to use of the “Website” must be submitted within ninety (90) days from the date the cause of action arose. Claims brought after such period shall be void. The “Website” is operated and offered by OBM from its facilities located in Florida.
The “User” agrees to indemnify, defend and hold harmless OBM company and associated parties from and against any claims, losses, obligations, demands, liabilities, expenses, damages, costs, debt, actions, suits, and attorney’s fees resulting from:
- The “User” use of, access to, or misuse of the “Website” or OBM items, products or services,
- The “User” violation of any of these “Terms”,
- The “User” violation of any third-party rights, including without limitation any copyright, property, or privacy right,
- Any claim that one of the “User Submissions” caused damage to OBM associated parties or third party.
- Any activity related to the “User” OBM account, related to the “User” internet account, or related to the “User” email address and password (including negligent or wrongful conduct) by the “User” or any other person accessing the “Website” utilizing the “User” internet account or email address,
- Any transaction the “User” conduct as a result of the contact facilitated by the “Website”. The “User” agree to cooperate with OBM (at the “User” expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of using OBM items, products or services including but not limited to disputes, complaints, investigations, or litigation that arises out of or relates to incorrect information the “User” has given OBM. The obligations under this clause will survive termination of these “Terms”, if OBM does take any legal action against the “User” as a result of the “User” violation of these “Terms”, OBM shall be entitled to recover from the “User”, and the “User” agree to pay, all reasonable attorney’s fees and costs of such legal action in addition to any other relief granted to OBM.
Third Party Website.
The OBM website may contain links to third party websites and OBM shall not be held responsible for the condition and or content of those websites as they are not operated by OBM or controlled and or management by OBM. The “User” accessing those websites and or use the “Website” items, or products and services solely at the “User” risk. The “Website operative links are provided solely for the “User” convenience and do not indicate, expressly or impliedly, an endorsement by OBM of these websites or the products or services provided on those affiliated websites.
The “User” accessing, using and or purchasing through the “Website” expressly release OBM, its affiliates, and their respective officers, directors, employees, agents, shareholders, licensors, licensees, and suppliers (collectively “The OBM Affiliates” from any and all liability arising from the “User”, client use of any third-party website or online service and from any loss or damage of any sort the “User” may incur from dealing with any third part. Any concerns regarding an external link, should be directed to its responsible website administrator or webmaster.
With exception, as otherwise to the “User” agreed with OBM, the “User” may link to the “Website” from the “User” website or online services, subject to the following:
- The User may not frame the “Website” or any portion of the “Website” (except the “User” may do so with accessibility provided through OBM, if any,
- The “User” agree not to override or hinder the functionality of an end-user’s website browser’s “back” function.
- Linkage shall be identified using a plain text rendering of the OBM name and not any logo,
- The “User” shall not use any OBM logo and brand graphics in any way shape or form,
- The “User” shall not use the link in any way that suggest that OBM is associated with, endorses the “User” or the “User” website.
- The link shall not appear on any website or online service that a reasonable person may consider obscene, defamatory, harassing, offensive or malicious, and may not be presented in any way that disparages OBM or damages its rights, reputation or goodwill.
- OBM may terminate the “User’s” right to link to the “Website” at any time for any reason or lack thereof.
There may be occasionally content on the “Website” that contains typographical errors, inaccuracies or oversights relating to item description, product image, price, promotion or availability. In this circumstance, OBM reserves the right to amend any of the above-mentioned errors and correct or update content information or cancel item on OBM website or cancel received orders at any time without prior notice.
OBM shall not be liable for any delay or failure to execute its obligation as stipulated in the “Terms”, if such delay due to any circumstance beyond control due to, natural disaster, fire, inundation, labor trouble unavailability of materials or components, accident, compliance with governmental requests, laws, regulations, other actions, or unforeseen circumstances. If for any reason OBM is delayed from performing its obligations due to such circumstance OBM reserve the right to terminate its “User Agreement” and advise the “User” by email within five (5) business days.
Any failure by a party to insist upon strict performance by the other affiliations of any provision in the “Terms” shall not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by OBM of any of the “Terms” shall be effective unless expressly stated in its waiver and communicated in writing to the “User” and or affiliates.
OBM reserves the rights to immediately terminate these “Terms”, or the “User” account access if breached by the “User”. OBM reserves the right to deny access to the “Website” to anyone, at any time, for any reason, without notice. OBM may change, modify or terminate the “Terms of Agreement” upon ceasing, or cancellation, or termination of the “Website”.
Upon OBM termination or cancellation of these “Terms”, the “User” shall immediately discontinue all access to and use of the “Website”, and destroy or delete all copies of content or materials accessed or obtained through the access to the “Website” by the User. OBM shall not be liable for any damages, or loss of reports or data, as a result of the termination or cancellation of these “Terms”; provided, however, the termination or cancellation of these “Terms” shall not affect any claim arising prior to such termination or cancellation.
The “Terms”, and any rights and licenses provided and acknowledged through these provisions, shall not be transferrable or assigned by the “User” without OBM prior written consent with the understanding that OBM may assign such rights and licenses without restriction and or notice to the “User”.
Software and technical data transmission, if any, in connection with the accessibility and or usage of the OBM website may be subject to export controls and shall be agreed by the “User” to comply with all applicable laws regarding software and transmittal of technical data imported and exported from the United States.
The “User” agree that the “Website” operated by OBM shall be deemed a passive website that shall not give rise to personal jurisdiction over OBM, either specific or general, in jurisdiction other than Florida. The “Terms” of this agreement shall be governed by, and construed and enforced in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of laws. The “User” expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these “Terms” shall be filed only in the state or federal courts located in the State of Florida, and the “User” further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigation any such claim or action. The “User” waive all defenses of lack of personal jurisdiction and forum non-convenience. Processing document served to the “User” in the manner authorized by applicable law or court rule. The parties expressly reject the application of the United Nations Convention on Contracts for the International Sale of Goods to these Terms.
Your satisfaction is very important to OBM. For any questions pleaae contact our offices at email@example.com or call (305) 864-1552.