Terms of service

(also referred to as “Terms of Use”)

Updated and Effective Date: These Terms and Conditions have been updated on September 23, 2025 and are effective as of October 7, 2025.

These Terms of Use (“Terms”) apply to our website omnitrades.shop and any other websites, applications, features, products or services owned or operated by Omnitrades by GeoGlobal Partners, a subsidiary of OASE (“Omnitrades”) that post a valid link to or include these Terms (collectively, the “Site”).  Important!  Please carefully read these Terms before using the Site, as they affect your legal rights and obligations. You agree to these Terms by accessing or using the Site. Please also review our Privacy Policy. If you do not agree to bound by all of these Terms, do not use the Site.  If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf and that such entity agrees to be responsible to us if you violate these Terms.

To make a purchase on our Site, you must be at least 18 years old or the age of majority in your jurisdiction.  If you do not meet the age requirement then you may not purchase products on our Site.

When using particular services or features of the Site, in addition to these Terms, additional terms or policies, including refund terms, shipping policies, or end user license agreements may apply to your use of that feature or service (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

ARBITRATION NOTICE: Except for certain types of disputes described in the ARBITRATION section below, you and Omnitrades agree that disputes between you and Omnitrades will be resolved by binding, individual ARBITRATION and you waive your right to participate in a class action lawsuit or class-wide arbitration. 

 

OWNERSHIP OF SITE CONTENT

Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Site, including, without limitation, the Omnitrades logo and all designs, graphics, layout, text, button icons, images, audio clips, digital downloads, data compilations, software, trademarks, trade dress, logos, service marks, information, advertising copy, past, present and future versions of the Site, domain names, source and object code and the “look and feel” of the Site ("Site Content") are owned, controlled or licensed by Omnitrades, its subsidiaries or affiliates, and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties.

Site Content includes The Omnitrades logo and all other Omnitrades product and service names, logos or slogans that may appear on the Site are trademarks of Omnitrades in the United States and in other countries, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Omnitrades or the applicable trademark holder. You may not use any metatags or other "hidden text" utilizing "Omnitrades" or any other name, trademark or product or service name of Omnitrades without our prior written permission. All other trademarks not owned by Omnitrades or its parent, subsidiaries, or affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Omnitrades or its parent, affiliate, or subsidiaries.

The Site Content may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, except with the express permission of Omnitrades as is expressly provided in these Terms. Any unauthorized use of the Site Content is prohibited.

 

YOUR LICENSE TO USE SITE CONTENT ON OUR SITE

You may visit our Site without further permission from Omnitrades and Omnitrades grants you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to access and view the Site Content. This license is subject to your full compliance with these Terms. When you view or use the Site Content, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Site Content; and (c) not copy or adapt any object code associated with a Site or reverse engineer, modify or attempt to discover any source code associated with a Site, nor allow or assist any third party to do so (whether or not for your benefit).

Except as expressly provided in these Terms, you may not copy, reproduce, republish, create derivative works of, upload, download, perform, display, post, transmit, distribute or otherwise use Site Content in any way, without the prior written permission of a duly authorized Omnitrades employee. You agree to abide by any and all copyright notices, information, or restrictions contained in any part of the Site. Any and all rights to use the Site that are not expressly granted to you under these Terms are reserved for Omnitrades or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way Omnitrades’s rights to exploit fully any or all of the Site Content. Unauthorized use of Site Content may be a violation of federal and state laws and could result in civil and criminal liability.

 

PRIVACY

Omnitrades’s collection and use of personal information in connection with your access to and use of the Site or the products or services offered via the Site, including our use of third party cookies, tags, and other tracking technologies that may be used for analytics, marketing, and targeted advertising purposes, is described in our privacy policy By using the Site, you consent to our Privacy Policy and the use of these technologies.

REGISTRATION & ACCESS CONTROLS

Certain areas of the Site may require account registration or may otherwise ask or require you to provide information to use Site features. When you choose to provide information to the Site, you agree to provide only true, accurate, current and complete information and maintain and promptly update your account information. When registering for an account, you cannot create an account name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim account names, or to take other reasonable action as necessary, on behalf of any business or individual that holds legal claim, including trademark rights, in a name. You agree you will not sell or otherwise transfer your account or any account rights, that you will keep your account credentials confidential and accept all risks of unauthorized access to your account and the information you provide to Omnitrades, and promptly notify Omnitrades if you discover or otherwise suspect any security breaches related to the Site. You agree that you (a) have not been previously suspended or removed from the Site and (b) do not have more than one online account with Omnitrades.

Except to the extent prohibited by applicable, unwaivable law, Omnitrades reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Site, including, without limitation, those governing your transmission or use of any software or data. If you submit personal information to register for an account with Omnitrades or to otherwise participate in any services, that information will be governed by the Privacy Policy.

 

INFORMATION AND CONTENT YOU SUBMIT 

The Site may provide you the opportunity to communicate with Omnitrades via e-mail or other means, or publicly post product reviews, product Q&As, blog comments, or other content through the Site (collectively, "User Content").

Responsibility for User Content. You understand that you are solely responsible for your User Content, however submitted. By submitting User Content, you represent and warrant to Omnitrades that your User Content: (1) is not confidential and that you have all necessary permission to submit it; and (2) does not infringe upon, misappropriate, or violate the rights of any third party, including, without limitation, any intellectual property rights, rights of publicity or privacy, or any other proprietary rights. You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to Omnitrades.

Omnitrades does not control the User Content made available via the Site and therefore does not guarantee the accuracy, integrity, quality or lawfulness of User Content.  

Rights You Grant to Us. Whenever you submit or otherwise make available User Content to Omnitrades (including through use of a help, support, feedback, or “Contact Us” feature, or through a social media website) you: (1) grant to Omnitrades an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable and assignable, royalty-free license to use, exploit, reproduce, modify, translate, incorporate in other works, create derivative works from, publish, broadcast, and perform that User Content – and your name, voice, likeness and other identifying information in connection with that User Content – via any medium now known or later developed, without any compensation to you; and (2) to the extent permitted by applicable law, waive all of your moral rights in that User Content to the fullest extent permitted by law, even if the User Content is altered or changed in a manner not agreeable to you. You further authorize Omnitrades to publish your User Content such that it may be accessed by users of the Site or the general public.

Right to Screen and Remove Content. We have no obligation to monitor the Site or any User Content made available via the Site. However, you acknowledge and agree that we have the right to monitor the Site and User Content you submit and the right (but not the obligation) to delete, edit, move, or disable any such User Content in whole or in part, before or after it appears on the Site, subject to Omnitrades’s sole discretion. Omnitrades reserves the right to suspend or terminate your access to the Site at any time. Under no circumstances will we be liable in any way for any User Content including, but not limited to, any errors or omissions in User Content, any loss of your User Content or for any loss or damage of any kind or claims incurred as a result of any user’s User Content. 

No Confidential Relationship. Except as otherwise described in the posted Privacy Policy you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You acknowledge and agree that your relationship with Omnitrades is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Content does not place Omnitrades in a position that is any different from the position held by members of the general public, including with regard to your User Content. You further agree that Omnitrades is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services, including, without limitation, publication of your User Content on the Site, without any payment of any kind to you. To the fullest extent permitted, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

You acknowledge that Omnitrades may be working on or developing material similar or the same in nature to your User Content and that Omnitrades may have received similar or the same intellectual property rights from another party. Omnitrades owes you no obligation connected to your submissions unless you and Omnitrades enter a written agreement to that effect. Any discussion or negotiations between you and Omnitrades regarding your submissions does not constitute recognition of the novelty or originality of your User Content.

No Obligation to Use. You agree and understand that we are not obligated to keep or use your User Content in any way. 

User Interactions. You are solely responsible for your interaction with other users, whether within the Site or elsewhere. We are not responsible for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others.

 

ACCEPTABLE USE POLICY

As a condition of your use of the Site, you agree that you will not, and will not encourage, permit, or assist any third party to, take any action, or upload any User Content, on or via the Site that: 

a.   Is unlawful, discriminatory, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, pornographic, obscene, offensive, profane, or vulgar;

b.   Promotes trade or use of drugs and controlled substances, discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;

c.    Infringes on any copyright, trademark, patent, trade secret, right of publicity, right of privacy, or any other right of another person or entity;

d.   Constitutes unauthorized or unsolicited advertising, junk mail, bulk mail, chain letters, or surveys;

e.   Discloses another person's address, phone number, e-mail address, credit card number, or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature;

f.     Includes video, audio, or images of any person younger than 18;

g.   Involves commercial activities and/or sales, such as contests, sweepstakes, or barter; communicating or facilitating any commercial advertisement or solicitation; marketing any goods or services; reselling, renting, leasing, or providing for payment the Services to any person;

h.   Impersonates any person or entity, including any employee or representative of Omnitrades;

i.     Engages in or attempts to engage in any potentially harmful acts that are directed against the Site, including but not limited to violating or attempting to violate any security features of the Site; using manual or automated software or other means to scrape, crawl, spider, or similarly access or copy any portion of the Site or to use any portion of the Site to train or otherwise include in large language models, artificial intelligence technologies, or other machine learning tools, products, services, or features (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from our website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); introducing or sending viruses, worms, spyware, malware, or any other kind of harmful code into or through the Site; interfering or attempting to interfere with the proper functioning of or use by others of the Site, including by means of overloading, flooding, spamming, mail bombing, or crashing the Services;

j.     Engages in or attempts to engage in any of the following: disabling, bypassing, modifying, defeating, violating, removing, impairing, circumventing, or otherwise interfering with digital rights-management technology or other features or technology that limits or prevents use of the Site or the Site Content therein; or

k.    Automates the process of sending or viewing Site Content.

Violation of these provisions may result, in our sole discretion, in the deletion of your submissions, the temporary suspension or permanent removal of your account, and/or termination of this Agreement and your access to the Site. 

 

SOCIAL DISTRIBUTION 

Omnitrades may allow you – but only through express written permission or via Omnitrades-provided functionality on the Site – to engage in certain personal uses of Site Content that include the ability to share Site Content with others ("Social Distribution"). For example, a Site may allow you to send Site Content to friends or post Site Content on a third party website. You agree to make no claims, promises, or statements on behalf of Omnitrades. You also agree that you will not imply that you and Omnitrades are affiliated in any way or that Omnitrades approves of your comments. We reserve the right to revoke our permission for Social Distribution at any time and for any reason and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection the Social Distribution of Site Content.

 

ACCURACY, COMPLETENESS, TIMELINESS OF INFORMATION

This Site have been developed by Omnitrades to provide you with information about Omnitrades products and services. The Site may from time to time provide new information or data, but otherwise it is an archive of materials for your use. Like any printed material, the information and data on the Site may become out of date over time.

We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site. We shall not be liable to you or to any third-party for any such modification.

We are not responsible if information made available on the Site is not accurate, complete or current. The materials on the Site are provided for general informational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. To the fullest extent permitted by applicable law, any reliance on the material on the Site is at your own risk.

Although Omnitrades uses reasonable efforts to maintain the accuracy and currency of the content of the Site, Omnitrades makes no warranties or representations as to its accuracy or currency, as further described under Disclaimer of Warranties; Waiver.

 

THIRD-PARTY LINKS & CONTENT

There may be links from the Site, or from communications you receive from Omnitrades, to third-party websites or online features. The Site also may include third-party content that we do not control, maintain or endorse.

Neither Omnitrades nor its service providers are responsible for the practices of any third party. Your correspondence and business dealings with third parties found through the Site including, without limitation, the payment and delivery and returns of products and services, and any terms, conditions, warranties and representations associated with any such dealings, are solely between you and the third party. You acknowledge and agree that Omnitrades is not liable for any loss or damage which may be incurred by you as a result of your interaction with any third party.

 

LINKING POLICY

Omnitrades grants you the revocable permission to link to the Site; provided, however, that any link to the Site: (a) must not frame or create a browser or border environment around any of the content on the Site or otherwise mirror any part of the Site; (b) must not imply that Omnitrades or the Site are endorsing or sponsoring any third party or its products or services, unless Omnitrades has given the third party prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Omnitrades’s sole opinion, harm Omnitrades or its products or services; (d) must not use any Omnitrades trademarks without the prior written permission from Omnitrades; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Omnitrades’s sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to a Site, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, Omnitrades reserves the right to prohibit linking to the Site for any reason in our sole and absolute discretion.

 

MOBILE FEATURES 

The Site may offer features that are available to you via your mobile phone or other mobile device. These features may include the ability to access Site features (collectively, “Mobile Features”). We may serve you some or all of our Mobile Features through an application that is owned and operated by a third party developer. Message and data rates and other carrier fees may apply. Fees and charges will appear on your mobile device bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Please contact your carrier with questions regarding these issues. As applicable, instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features. For example, the instructions may require you to text a keyword (e.g. “STOP”) to the applicable short code for the Mobile Feature.

You agree that the Mobile Features for which you are registered may send communications to your mobile device regarding Omnitrades or other parties. Further, we may collect information related to your use of the Mobile Features. If you have registered for Mobile Features, you agree to notify Omnitrades of any changes to your mobile number and update your account(s) on the Site to reflect this change.

 

PROMOTIONS

The Site may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes or promotion.

 

DISCLAIMER OF WARRANTIES

To the maximum extent permitted by applicable law, the Site, including, without limitation, the Site Content, and any products and services sold by Omnitrades through the Site, are provided on an "As Is", "As Available" and "With All Faults" basis. To the fullest extent permissible by applicable law, Omnitrades and its parent companies, affiliated entities, partners, service providers, consultants, vendors and the directors, officers, employees and agents or other representatives of each of them (collectively, the "Omnitrades Parties") make no representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Site and the Site Content; (b) products or services sold through the Site; (c) User Content; and/or (d) security associated with the transmission of information to Omnitrades or via the Site. In addition, to the fullest extent permissible by applicable law, the Omnitrades Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus. We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations.

The Omnitrades Parties do not represent or warrant that the Site will be error-free or uninterrupted; that defects will be corrected; or that the Site or the servers that make the Site available are free from any harmful components, including, without limitation, viruses. The Omnitrades Parties do not make any representations or warranties that the information (including any instructions) on the Site are accurate, complete, or useful. You acknowledge that your use of the Site is at your sole risk.

The Omnitrades Parties do not warrant that your use of the Site is lawful in any particular jurisdiction, and the Omnitrades Parties specifically disclaim such warranties. By accessing or using a Site you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Site. Nothing in these terms of use limits, excludes, or modifies, or purports to limit, exclude, or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these terms of use would contravene any statute or cause any part of these Terms to be void ("Non-Excludable Guarantees").  

 

LIMITATION OF LIABILITY; WAIVER

To the maximum extent permitted by applicable law, and except in relation to any Non-Excludable Guarantees, you agree that under no circumstances will the Omnitrades Parties be liable to you or anyone else for indirect, economic, special, incidental or consequential loss or damages related to: (a) the Site or the Site Content; (b) User Content; (c) your use of any products or services purchased from the Site; (d) your use of, inability to use, or the performance of the Site; (e) action taken in connection with an investigation by the Omnitrades Parties or law enforcement authorities regarding your use of the Site; (f) action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in a Site's technical operation; or (h) any damage that results from events beyond our reasonable control, such as damages to any user's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Omnitrades Parties have been advised of or should have known of the possibility of such damages. However, in no event will the Omnitrades Parties total liability to you for all damages, losses or causes or action, except those in relation to any Non-Excludable Guarantees, exceed the lesser of the amount paid by you, if any, to Omnitrades for (a) product(s) or service(s) purchased through the Site or ten united states dollars ($10.00). The prior limitation on damages is not intended to limit the Omnitrades Parties’ obligation to pay prevailing party costs or fees if recoverable pursuant to applicable law. The limitations set forth in this section will not limit or exclude the Omnitrades Parties’ liability for personal injury or property damage caused by Omnitrades Parties, or for the Omnitrades Parties’ gross negligence, fraud or intentional, willful, malicious or reckless misconduct.

You agree that in the event you incur any damages, losses or injuries that arise out of any of the Omnitrades Parties’ acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, property, product, service, or other content owned or controlled by the Omnitrades Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any website, property, product, service, or other content owned or controlled by the Omnitrades Parties.

By accessing the Site, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and expressly waive, the benefits of section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

 

INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold the Omnitrades Parties harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys' fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your User Content; (b) your use of the Site or activities in connection with the Site; (c) your breach or anticipatory breach of these Terms or any Additional Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the Omnitrades Parties' use of your information as permitted under these Terms, the Privacy Policy, or any other written agreement between you and Omnitrades. You will cooperate as fully required by the Omnitrades Parties in the defense of any claim. The Omnitrades Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Omnitrades Parties.

 

PURCHASE TERMS 

The Site may offer products and services for sale and your transaction may be subject to additional sales terms and policies (which will be considered Additional Terms for purposes of these Terms). Prices for our products and services and availability of products on the Site are subject to change without notice, and we reserve the right to discontinue or modify our products and services at any time without prior notice.  We reserve the right to refuse service at any time, to anyone, for any reason.  You agree to pay all applicable fees and any applicable taxes. Omnitrades may automatically charge and withhold any applicable sales taxes for purchases.  Otherwise, you are solely responsible for all sales taxes, or other taxes such as on orders shipped to you.

We reserve the right to limit, prohibit or cancel orders of products or services to any account, in our sole discretion. If we limit or cancel an order we will try, but are not obligated, to contact you per your provided contact information or through your account.

Product Information

We undertake no obligation to update or amend information on the Site or on any related website, including without limitation, product information, except as required by law. No specified update or refresh date applied on the Site or on any related website, should be taken to indicate that all information on the Site or on any related website has been updated or amended. If a product offered by GeoGlobal Partners, a subsidiary of OASE, itself is not as described, your sole remedy is to return it in unused condition.

All products should be used strictly in accordance with their instructions, precautions, and guidelines. Use of the Site is not meant to serve as a substitute for professional or other advice.

While Omnitrades has tried to accurately display the colors, dimensions, and other characteristics of the products on the Site, the actual colors and other characteristics you see may depend on your computer, monitor, and/or other variations and may vary accordingly.

Payment Method & Price

In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error received from its suppliers, Omnitrades shall have the right, to the fullest extent permitted under applicable law, to refuse or cancel any orders placed for the product or service listed at the incorrect price. Omnitrades shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is properly canceled, Omnitrades will issue a credit to your credit card account in the amount of the charge. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.

Your receipt of an electronic or other form of order confirmation does not signify Omnitrades’s acceptance of your order, nor does it constitute confirmation of Omnitrades’s offer to sell. Omnitrades reserves the right at any time after receipt of your order to accept or decline your order for any reason. If permitted by applicable law, Omnitrades reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item if you purchased a product. Omnitrades may require additional verifications or information before accepting any order.

By submitting your order, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your order (including taxes) to that payment method. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or cancelled automatically. You agree that credit cards and debit cards are to be charged on the date of inventory reservation for the order, not the date of shipping. We may use one or more third parties to process your payment information when you make a purchase on or are entitled to receive a payout through the Site. The payment processor may depend on the payment method you select. Additional terms and conditions imposed by the third party processor may apply.

Chargebacks

All references to a “chargeback” refer to a reversal of your payment method charge placed on the Site. In the event you pay for products using your payment method and subsequently “charge back” your purchase through your merchant account provider, Omnitrades reserves the right to terminate these Terms and all pending orders and transactions immediately, in addition to any and all available remedies at law or in equity. Unnecessary chargebacks are theft and can be prosecuted. If you feel that your payment method was used fraudulently, please contact us for immediate resolution. You agree that you will not charge back any amounts charged to your payment method on the Site. If you initiate a chargeback a payment, you agree that we may recover the amount of the charge back, in addition to any amount charged to us by your payment method provider for such charge back, by any means deemed permissible, including but not limited to recharging your payment method or having the amount recovered by a collection agency.

Shipping

For information about shipping, please see our Shipping Policy here: https://omnitrades.shop/policies/shipping-policy, which is incorporated into these Terms.

Refunds

For information about returning any products and refunds, please see our Refund Policy here: https://omnitrades.shop/policies/refund-policy, which is incorporated into these Terms.

Additional terms for subscription purchases, including automatic renewal and cancellation options, are described in the “Subscription Services and Automatic Renewal” section below.

 

SUBSCRIPTION SERVICES AND AUTOMATIC RENEWAL

We may offer certain products or services for purchase on a subscription basis (“Subscription Services”). When you enroll in a Subscription Service, you authorize us (or our authorized third-party payment processor) to charge your selected payment method automatically at the billing interval disclosed to you at the time of enrollment, without further authorization, until you cancel.

Automatic Renewal

Unless stated otherwise at the time of purchase, your Subscription Service will automatically renew at the end of each subscription period for an additional period of the same length and at the then-current subscription rate. We will charge your payment method on file unless you cancel before the renewal date.

Cancellation

You may cancel your subscription at any time through your account settings or by contacting our customer service team at [email protected]. Cancellations will apply to the next billing cycle. No refunds will be provided for any partial subscription periods unless otherwise required by applicable law.

 

Changes to Subscription Terms

We may change the terms or pricing of Subscription Services at any time, provided that we will give you advance notice of material changes. Your continued use of a Subscription Service after the change becomes effective will constitute your acceptance of the updated terms.

 

COMMUNICATIONS

The communications between you and us use electronic means, including emails, posted notices on the Site, or other forms of electronic communications. You agree that we may send communications in electronic form and that all communications we provide to you electronically, including terms and conditions, agreements, notices, and disclosures, satisfy any legal requirement that such communications would satisfy if it were to be provided in paper or other non-electronic format.  The foregoing does not affect your statutory rights.

If you have opted in to receive marketing communications or other elective communications from us, you may choose to opt out at any time following the instructions relevant to such form of communication. Please note that even if you opt out, we will still send you account-related emails.

 

TERMINATION

Omnitrades reserves the right to terminate your access to and use of the Site in its sole discretion, without notice and liability, including, without limitation, for any reason or no reason. Omnitrades also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to the Site or Omnitrades. Any violation of these Terms may be referred to law enforcement authorities. Upon termination of your access to the Site, or upon demand from Omnitrades, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Site.

Omnitrades also reserves the right to modify, withdraw, suspend, or discontinue in whole or in part (temporarily or permanently, at any time, and with or without notice) any Site Content or discontinue and cease operation of any Site in its entirety.

 

LOCATION OF THE SITE AND TERRITORIAL RESTRICTIONS

Omnitrades controls and operates the Site from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Site are appropriate for use or access in other locations. The information, products, and services provided on the Site are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Omnitrades to any registration requirement within such jurisdiction or country. Anyone using or accessing the Site from outside the United States does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Site or any portion of the Site, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.

Software related to or made available by the Site may be subject to United States export controls. Thus, no software from the Site may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, Crimea, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or that has been designated by the U.S. government as “terrorist supporting”; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By accessing this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. You agree to comply with all rules, laws and regulations that are applicable to your use of the Site, including, without limitation, those governing your transmission or use of any software or data.

 

ARBITRATION AGREEMENT/GOVERNING LAW/CLASS ACTION WAIVER/DISPUTE RESOLUTION 

These Terms will be governed by, construed and enforced in accordance with the laws of the State of Ohio, excluding its conflict of laws principles. To the extent that any dispute between you and Omnitrades arises from these Terms or use of or access to the Site, the arbitration proceedings will be governed by federal arbitration law and by the AAA (defined below) rules.

Both you and Omnitrades waive the right to a trial by jury and the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private attorney general action. Both you and Omnitrades waive the right to participate in a class, consolidated, representative, collective, or private attorney general action related any dispute that is brought by anyone else. Notwithstanding any provision in the AAA rules to the contrary, the arbitrator will not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.

Except for disputes relating to the infringement of your or Omnitrades’s intellectual property (such as trademarks, trade dress, copyright and patents) or where Omnitrades is seeking injunctive relief (the “Excluded Disputes”), you and Omnitrades each agree to finally settle all disputes arising from these Terms or use of or access to the Site only through binding arbitration as detailed below. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. Except for Excluded Disputes, the parties agree that any claim, suit, action, or proceeding arising out of or relating to these Terms or your use of or access to the Site (including purchasing products or services through the Site) will be resolved by binding arbitration before a sole arbitrator under the Consumer Arbitration Rules then in effect (and, as applicable, the Consumer Mass Arbitration Rules) of the American Arbitration Association (“AAA”) or any successor to AAA. In the event AAA is unwilling or unable to set a hearing date within thirty (30) days of the filing of a “Demand for Arbitration”, then the parties can elect to have the arbitration administered by another mutually agreeable arbitration administration service that will hear the case. If an in person hearing is required, then it will take place in Ravenna, OH or – if required by the AAA rules (or the rules of any alternate arbitration service used by the parties) – in or near your city of residence.

The federal or state law that applies to these Terms will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, or for any Excluded Disputes, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction in Ravenna, OH. In no way limiting the applicability of the Consumer Arbitration Rules Costs of Arbitration and Consumer Mass Arbitration and Mediation Fee Schedule, subject to you demonstrating that the costs of arbitration will be prohibitive as compared to the costs of litigation, Omnitrades will pay as much of the administrative and arbitrator’s fees charged to you by AAA (or an alternate arbitration service) as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive to you as compared to litigation. Either party may, notwithstanding this provision, bring qualifying claims in small claims court. In no event will you seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of the Site or any other property of Omnitrades (provided that nothing in these Terms will restrain a California resident’s right (if any) under applicable law to seek public injunctive relief in accordance with this dispute-resolution provision).

You and Omnitrades agree that the AAA Consumer Mass Arbitration Rules apply to any mass arbitrations, as amended/modified by this Arbitration Agreement.

You and Omnitrades agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Omnitrades within an approximately thirty-day period (or otherwise in close proximity), AAA will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – they may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and Omnitrades agree (a) to work with AAA in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (b) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision will in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section. If for any reason any court or arbitrator holds that the Batch Arbitration provision is unconscionable or unenforceable, the Batch Arbitration provision will be deemed severable from the Arbitration Agreement and will not affect the validity and enforceability of this Arbitration Agreement.

To the extent the parties disagree on the applicability of the mass arbitration process, the disagreeing party will advise the arbitrating organization (AAA), and the arbitrating organization shall appoint a sole standing arbitrator to determine the mass arbitration process’ applicability ("Administrative Arbitrator"). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly.

You and we agree that the Consumer Mass Arbitration and Mediation Fee Schedule will govern the payment of arbitration fees for mass arbitrations. Notwithstanding the forgoing, both you, we (and, if being represented, both of our attorney(s)) agree to cooperate in good faith to take reasonable measures to reduce the costs and fees of arbitration, so that the process is cost-effective for all parties involved. This may include collaborating with AAA to decrease AAA’s fees. In addition, you and we agree that if the Administrative Arbitrator finds that either your or our claims, counterclaims and/or appeals are brought for an improper purpose and/or are frivolous, the Administrative Arbitrator will award to the other party the costs and expenses (including, without limitation, any and all charges by the Administrative Arbitrator), and attorneys’ fees incurred by the other party. 

If arbitration of a claim is necessary, the parties agree to the following procedure:

1. Any moving party must personally sign any demand for arbitration and include a description of the claim, description of the relief that you are seeking, including a detailed calculation of the amount of damages. If you are represented by counsel, your counsel must also personally sign the Demand for Arbitration. The signatures certify (a) under penalty of perjury that the statements made are true and correct, and (b) that the claim is (i) not for an improper purpose, frivolous, to harass the other party and/or brought about to increase the costs of arbitration; (ii) brought in good-faith based on real facts and sound legal arguments that are actionable under current law. You can find copies of a Demand for Arbitration at: https://www.adr.org/ (“Demand for Arbitration”).
2. Send copie(s) of the Demand for Arbitration, plus the appropriate filing fee, to AAA in accordance with AAA procedures (see https://www.adr.org/).
3. Send one copy of the Demand for Arbitration to the other party at the addresses below:
1. To Omnitrades by GeoGlobal Partners/OASE 125 Lena Drive, Aurora, OH 44202, with a copy to [email protected]. Please include the phrase 'TotalPond-Legal Notice' in the subject line of your email to ensure proper routing.

To You: The Demand for Arbitration will be sent by certified mail to the most recent address Omnitrades has on file for you or otherwise in our records for you.

The rules of AAA and additional information about AAA are available on the AAA website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of AAA or (b) waive your opportunity to read the rules of AAA and any claim that the rules of AAA are unfair or should not apply for any reason.

You have the right to opt-out and not be bound by the arbitration and the class action waiver provisions set forth in this section by sending written notice of your decision to opt-out to the following address: Omnitrades by GeoGlobal Partners/OASE, ATTN: Arbitration Opt-out, 125 Lena Drive, Aurora, OH 44202. For new users, the notice must be sent within 30 days of registering an account with Omnitrades or purchasing a product from the Site, and for existing users, the notice must be sent within 30 days of the effective date of this policy. If you do not opt-out, you shall be bound to the terms in this section. If you choose to opt-out, Omnitrades also will not be bound.

 

MISCELLANEOUS

The failure of Omnitrades to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Omnitrades’s rights with respect to such breach or any subsequent breaches. No waiver by Omnitrades of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Omnitrades. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Omnitrades may assign its rights and duties under these Terms to any party at any time without any notice to you. Terms may not be assigned by you without Omnitrades’s prior written consent. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. If a court, arbitrator, or other adjudicative body should determine that any provisions of these Terms is overbroad, unfair or unreasonable, such provision shall be given effect to the maximum extent possible by narrowing or enforcing in part that aspect of the provision found overbroad or unreasonable. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against Omnitrades by virtue of Omnitrades having drafted them. No amendment to or modification of these Terms, or action, or delay, will be binding unless in writing and signed by Omnitrades. Provisions of these Terms that would logically survive termination shall survive the termination of these Terms for any reason (including without limitation, “Disclaimer of Warranties; Waiver,” “Limitation of Liability; Waiver” and “Arbitration Agreement”).

 

OUR RIGHT TO UPDATE THESE TERMS

Omnitrades reserves the right to modify or add to these Terms at any time without prior notice ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them on the Site so that they are accessible via a link on the homepage or otherwise, and that your use of a Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using a Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of a Site from that point forward.

 

CONTACT US 

Omnitrades by GeoGlobal Partners, a subsidiary of OASE

Email: [email protected]

 

SPECIAL TERMS FOR APPLE IOS USERS

Notwithstanding any other provision within these Terms, the following additional terms are applicable to those using any Omnitrades application on an Apple iOS device: You understand that these Terms are between you and Omnitrades only and not Apple, Inc. (“Apple”) and that Omnitrades (or the third party developer that may own and operate the Mobile Features) are responsible for the Mobile Features and the content thereof, but that Apple and its subsidiaries are third-party beneficiaries of these Terms and have the right to enforce them against you. You understand that, should the Mobile Features fail to conform to any applicable warranty not disclaimed above, you may notify Apple and Apple will refund the purchase price (if any), but that Apple has no maintenance, support, or (to the maximum extent permitted by applicable law) other warranty obligations to you with regard to the Mobile Features. Apple is not responsible for any product liability claims or claims that the Mobile Features or your use thereof fails to conform to any applicable legal or regulatory requirement or infringes a third party’s intellectual property rights, including but not limited to: (i) product liability claims; (ii) any claim that the Mobile Features fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. You understand that, in the event of any third party claim that the Mobile Features or your possession and use of the Mobile Features infringe a third party’s intellectual property rights, Omnitrades not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You understand that you must comply with any applicable third party terms of agreement when using the Mobile Features. If you have any questions or concerns regarding the Mobile Features, please contact Omnitrades as described below.