Technology
How does the technology work?
When water or sweat evaporates on the surface of the skin it absorbs heat and cools the body.
The amplified cooling effect of the Omius technology comes from water being absorbed into the cooling pieces where it has 5x more surface area for evaporation. The transformation of water from a liquid to a gas on the surface of the graphite pulls heat from the inside of the cooling pieces which are in contact with the skin and thus cooling the skin.
Because the cooling effect is driven solely by water evaporation the effect will continue indefinitely as long as the cooling pieces are wet and have airflow across them.
What is the material in the cooling pieces?
The cooling pieces are made of a highly thermally conductive graphite coated in a hydrophilic coating that optimizes the uptake and evaporation of the water that powers the cooling effect.
Do I need to put the cooling pieces in the freezer?
NO! The only requirement for amplified cooling is that the cooling pieces are wet during use, sit in direct contact with the skin and are uncovered so air can flow across them to enhance the evaporation.
For how long does the technology cool during use?
The cooling pieces will continue to cool indefinitely as long as they are wet, sit in direct contact with the skin and are uncovered so air can flow across them.
Why do the cooling pieces not feel cold after I have worn it for 5 minutes?
The headband cools via direct contact of the skin with the graphite. After about 5 minutes, the thermal receptors in the skin stop noticing the temperature gradient between the warm skin and the cooler graphite and instead perceive it as the “new normal”. But the cooling effect persists and can be detected by moving the headband slightly so the graphite comes in contact with skin that has not yet adapted to the “new normal”.
Does the technology wear out?
No. The cooling technology will work indefinitely as long as it is maintained with regular washes and care in handling.
Do I need to keep the cooling pieces wet at all times?
No. The cooling pieces can be stored dry and then re-soaked before each use.
Product
I broke a cooling piece. How do I get a replacement?
Cooling pieces are by design fragile and will occasionally break through normal wear and tear. Replacement cooling pieces are for sale on the Omius website in 20-piece and 4-piece packs. Once you receive the replacement pieces simply push out the old piece from the headgear and insert a new piece in its place.
How do I change a cooling piece?
Each cooling piece fits in an elastic grid that is sewn into the headgear. First, push the piece that needs to be replaced out of the grid taking care not to damage the surrounding pieces. Take a replacement piece and gently insert it into the grid, again taking care not to damage the surrounding pieces while handling.
How should I travel with my Omius headgear?
For traveling you should take steps to protect the cooling pieces. The headband ships in a protective casing which can be used for storage and for travel. The visor and cap do not have a protective casing and it is recommended that you remove the cooling pieces from the headgear and store them in the original casing. Upon arrival you can the re-insert the pieces in the headgear
Can I buy just a headband, visor or cap?
Yes. Each variety of headgear is sold separately but still needs the cooling pieces to work properly. The cooling pieces can be bought separately from the headgear and easily be moved between different types of Omius headgear.
How do I maintain my headband?
The cooling pieces are fragile and can chip or break from normal wear and tear. The most important thing you can do is to always handle the cooling pieces with great care. Think of your headgear as a premium pair of sunglasses that you don’t want to scratch. Do not hit the cooling pieces on hard surfaces and always store in a safe place when not in use.
It is also important to regularly wash salts and other impurities off the pieces. GENTLY hand wash the headband and BACKSIDE of the cooling pieces using soft soap (dishwashing soap works great!). Rinse thoroughly to get rid of all the soap.
Do I need to wet both the headgear and the cooling pieces?
The cooling effect comes exclusively from keeping the cooling pieces wet but there is no harm in wetting the headgear as well.
Is sweat enough to power the cooling effect?
Most likely not but it depends on the sweat rate and ambient conditions. Sweat will augment the cooling effect but for optimal performance the headband should be kept wet with water.
Do I need to pour cold water on the cooling pieces
No. The temperature of the water is not important. The water will quickly adapt to the ambient conditions and the evaporation process will work regardless of the starting temperature.
Can I use the products indoors
Yes. The cooling technology works as well indoors as outdoors but you will need to have a small fan blow air across the cooling pieces to simulate the airflow you get naturally from moving outdoors.
Is technology only for racing?
No. The technology has benefits both at race pace and during regular workouts. The cooling effect increases performance and at the same time increases the comfort level and enjoyment from the workout.
Ordering
Where can I buy the product?
The Omius products are sold on the Omius Website as well as through Resellers around the world. A list of resellers can be found on the Omius Website.
What do I need to buy for techology to work?
The Omius products consist of either a headband, visor or cap combined with 20 cooling pieces. The headgear and the cooling pieces can be bought either as a bundle or separately.
Do you offer discounts?
We generally do not offer discounts but we are proud to be working with our Partners who may offer discounts to their members. Check with your Team and if they are not a partner then please have them reach out to hola@omius.io and we will get them signed up.
What form of payment do you accept?
We accept all major credit cards as well as express checkout with PayPal, Meta Pay, Google Pay and Shop Pay
How quickly do you ship?
We generally fulfill ordes within 24 hours.
Shipping times will depend on the shipping address and the shipping option chosen.
NOTE: International delivery times are not guaranteed due to possible delays in customs.
Do you ship outside the US?
Yes. We ship to most countries.
Will I be charged tax?
For shipments within the United States, we collect tax in certain states.
You will also be due tax and in some cases duty on international shipments.
Will I be charged duty if shipped outside the US?
Yes for some international shipments you will be charged duties.
Can I RETURN my product?
While we hope you are excited about your Omius product, we understand there may be times you need to return your product. You have 30 calendar days from the date you receive your Omius order to return your UNUSED product.
To initiate a return send us an email at hola@omius.io and please include your original order number.
All applicable promotions, discounts, free items at the time of purchase will be prorated and applied to the amount of refund or credit
Return Policy
1) All returns must be approved by Omius Customer Support. Obtain your approval by contacting us at hola@omius.io. Items returned without approval will not be eligible for a credit.
2) Returns must be initiated within 30 days of the delivery date
3) All returned products and packaging must be returned in UNUSED CONDITION. Any product(s) showing signs of having been worn will be deemed "unacceptable" and you will be so notified. Unacceptable returns may be reshipped to you following payment of an inspection/shipping fee.
Please note that Omius does not reimburse shipping costs for returns or shipping fees applied at checkout.
5) If you refuse delivery of your order for any reason, you will be refunded the cost of your order less shipping fees.
6) All partial or full refunds will be posted to the original method of payment within 7 business days.
7) Omius is not responsible for items lost or damaged during shipping.
Return Directions
Step 1: Please connect with our Customer Support team at hola@omius.io to arrange for your return.
Step 2: Place item(s) with original packaging and all original shipping documentation inside the shipping box. Be sure to include your name, contact information, reason for return, and order number in the shipment so that we can properly process your return/exchange.
Step 3: Ensure your name, address and order number are also on the outside of the shipping box, and ship to the following address:
PacFul
c/o Omius Inc.
499 E. County Rd. 300 S.
New Castle, IN 47362
Step 4: Ship via FedEx or UPS. Be sure to obtain delivery confirmation and full insurance if necessary. Omius is not responsible for items lost or damaged during shipping.
What is the WARRANTY?
Your Omius hat, visor and headbands include a warranty against manufacturing defects in material and workmanship for a period of one year from the date of purchase. In the event of any such defect occurring during the warranty period, Omius will, at its option:
(a) repair or replace the product with one of the same or then current design.
(b) issue a refund.
NOTE: The Omius cooling pieces DO NOT include a warranty against damage or breakage as they are by design fragile and may on occasion break.
Policies
Terms of Service
Effective Date of this version: June 1, 2023.
Thank you for visiting omius.io. This Website is owned and operated by OMIUS, Inc., located at 625 E. Main St., Aspen, CO 81611. Your access to and use of this Website is subject to the following Terms of Use and all applicable laws.
Terms of use covers:
- Agreement
- Definitions
- Privacy Policy
- Minors
- Product and Services Information
- Ownership
- Trademarks
- Responsibility for User-Generated Content Posted on or Through this Website
- Removal of User-Generated Content
- Your Feedback
- Links to Other Sites
- No Warranties
- Exclusion of Liability
- Your Obligations
- You Indemnification Obligations
- Modification and Discontinuation
- Entire Understanding
- Severability and Non-Waiver
- Law and Jurisdiction
- SMS Terms and Conditions
- Contacting Us
Agreement
Access to and use of this Website and its Content are subject to all applicable laws and regulations and to these Terms of Use. By accessing, browsing, and shopping at this Website, you accept, without limitation or qualification, these Terms of Use, which form a legally binding agreement. If you do not agree, please exit this Website.
These Terms of Use may be changed by us from time to time without specific notice to you. The latest Terms of Use will be posted on the Website, and you should always review these Terms of Use prior to using the Website to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Website.
If you cannot access the Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use by email upon request. Please email us at the email address listed at the end of these Terms of Use.
ACCESS TO THIS WEBSITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS, OR SERVICES PROVIDED THROUGH THIS WEBSITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.
Definitions
The term “Content” refers to all of the software and code comprising or used to operate this Website, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Website.
The terms “OMIUS,” “we,” “us,” and “our” refer to OMIUS, Inc.
The term “Feedback” refers to the Content you post on or through this Website that is specifically about how we can improve this Website and the products and services we make available through this Website.
The term “personal information” refers to information that identifies you or is reasonably linkable to you. Examples of personal information include your name, address, and email address, as well as identifiers associated with the device(s) you use to visit the Website.
The term “Terms of Use” refer to these terms of use.
The term “User-Generated Content” refers to all of the text, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other material that you post on or through our Website using the social networking tools we make available to you and that does not constitute Feedback. One way that User-Generated Content differs from other information you provide to us is that, once submitted, User-Generated Content is made available instantaneously to others. Examples of User-Generated Content are information you provide as part of a promotion and comments you make in response to a blog or social media post; Feedback is also considered User-Generated Content.
The term “Website” refers to OMIUS.IO, including the OMIUS online store, which is owned and operated by OMIUS, Inc..
The terms “you” and “your” mean any user of this Website.
Our Privacy Policy
By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy. Before using this Website please read it carefully. All personal information that we collect from or about you will be handled in accordance with our Privacy Policy.
Minors
This Website is a business and commercial site. As such, it is not intended for children or minors under the age of 18.
Product & Services Information
All references on this Website to information, materials, products, and services apply to information, materials, products and services available in the countries or jurisdictions specified with respect to such information only, unless otherwise stated. Nothing in this Website constitutes an offer to buy or sell our products or services in any jurisdiction.
Ownership
Unless otherwise indicated, this Website and all of its Content are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) laws, including without limitation those of the United States, and all Content and intellectual property rights therein are the property of OMIUS or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws. ALL RIGHTS RESERVED.
The posting of any Content on this Website does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any Content viewed through this Website. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this Website and its Content to display, download, archive and print in hard copy, portions of this Website on a temporary basis and for your individual use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.
Trademarks
The OMIUS logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this Website, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of OMIUS (the “Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Website are the property of their respective owners. You are not authorized to display or use the Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
Responsibility for User-Generated Content Posted on or Through this Website
You are responsible for User-Generated Content, e.g., reviews of products that are available on the Website, that you post. Under no circumstances will we be liable in any way for any User-Generated Content.
This means that you, not OMIUS, are entirely responsible for all User-Generated Content that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. If any part of the User-Generated Content you post is not your original work, it is your responsibility to obtain any necessary permission to post it.
Because we do not control the User-Generated Content posted on or through this Website, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User-Generated Content. You also agree and understand that by accessing this Website, you may encounter User-Generated Content that you may consider to be objectionable. We have no responsibility for any User-Generated Content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use or dissemination of any User-Generated Content posted, emailed, transmitted or otherwise made available on or through this Website. The User-Generated Content posted on or through this Website expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of OMIUS or any person or entity associated with OMIUS.
You own User-Generated Content, but we may use it. You own the copyright in any original User-Generated Content you post. We do not claim any copyrights in User-Generated Content. However, by using this Website you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize User-Generated Content you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any User-Generated Content that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.
We may disclose and/or remove User-Generated Content. OMIUS has certain rights. We have the right (but do not assume the obligation) to:
- monitor all User-Generated Content;
- require that you avoid certain subjects as we determine in our sole and absolute discretion;
- remove or block any User-Generated Content at any time without notice at our sole and absolute discretion;
- disclose any User-Generated Content and the identity of the user who posted it in response to a subpoena, court order, or other legal demand, to prevent or investigate a possible crime or other violation of law, to protect the rights of OMIUS or others, to enforce these Terms of Use, or as otherwise permitted by applicable law; and
- terminate your access to and use of this Website, or to modify, edit or block your transmissions thereto in our sole and absolute discretion.
You agree that our exercise of such discretion shall not and does not render us the owners, authors, or creators of User-Generated Content you post, and that you will retain ownership thereof and responsibility for such Content as described in these Terms of Use.
Restrictions on User-Generated Content. It is a condition of these Terms of Use that you do not:
- upload, post, transmit or otherwise make available
- any User-Generated Content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
- any User-Generated Content that constitutes or encourages activity that may violate criminal or civil law;
- any User-Generated Content that is false, misleading, or fraudulent;
- any User-Generated Content that you do not have a right or permission to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- any User-Generated Content that violates or infringes upon the rights of others, including User-Generated Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
- any User-Generated Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
- any request for or solicitation of any personal or private information from any individual;
- any request for or solicitation of money, goods, or services for private gain or unlawful purposes;
- any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or that may otherwise compromise the security, integrity, and availability of the OMIUS site or information thereon; or
- any User-Generated Content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
- violate any local, state, national or international law, rule or regulation.
By posting User-Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the User-Generated Content and have the right to grant the license set forth in these Terms of Use; (ii) the User-Generated Content is accurate, and (iii) you are at least eighteen years old and you have read and understood—and your User-Generated Content fully complies with—these Terms of Use and applicable laws and will not cause injury to any person or entity.
Removal of User-Generated Content
In general. On certain pages of this Website, we may provide to you a tool to report objectionable User-Generated Content. If that tool is not available, you can report objectionable User-Generated Content by contacting us using the information provided below. While we do not have any obligation to remove any User-Generated Content from this Website merely because of a removal request, we will review all such requests and will remove User-Generated Content that we determine should be removed, in our sole and absolute discretion and in accordance with these Terms of Use and applicable law. Please be aware, however, that if the User-Generated Content has already been distributed to other websites or users or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the User-Generated Content we remove from this Website may remain on back-up servers.
Violation of copyrights. OMIUS does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Website or has been otherwise copied and made available on this Website in a manner that constitutes copyright infringement, please notify us immediately. Your notice must be in writing and must include:
- an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on this Website (including the URL, title and/or item number if applicable, or other identifying characteristics);
- your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and
- a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Your statement must be addressed as follows:
OMIUS, Inc
625 E. Main St.
Aspen, CO 81611
hola@omius.io
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
Your Feedback
Although we do not claim ownership of User-Generated Content you post using this Website, the Feedback you provide to us through this Website will be and remains our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
Links to Other Sites
This Website may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons. An advertisement of, or link to, a non-OMIUS website does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website.
We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.
Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through this Website, the content thereof, or the products and/or services made available through such websites. If you decide to leave our Website and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.
No Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENT, WHICH ARE PROVIDED FOR USE "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE AND ANY WEBSITE WITH WHICH IT IS LINKED. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS OR EMAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT AND AGREE THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
The information and all other materials on this Website are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Website or any website with which it is linked.
Your statutory rights as a consumer, if any, under federal and state law, including the State of Colorado, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
Exclusion of Liability
To the fullest extent permitted by applicable laws we, on behalf of our officers, directors, employees, agents, suppliers, and contractors, exclude AND DISCLAIM liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this website or any website with which it is linked. You assume total responsibility for establishing such procedures for data backup and virus checking as you consider necessary. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.
These Terms of Use give you specific legal rights and you may also have other rights which vary from country to country, and jurisdiction to jurisdiction. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case, the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. The limitations and exclusions set out in these Terms of Use are inapplicable within the State of Colorado to the extent they disclaim liability for OMIUS’ own negligent, willful, or intentional conduct, or violation of any clearly established duty owed by OMIUS to exercise reasonable care in preventing the unlawful acts of others.
Your Obligations
You are responsible for providing and maintaining all personal computer and communications equipment and Internet access accounts necessary to gain access to this Website.
In consideration of your use of the Website, you agree to provide true, accurate, current and complete information about yourself.
Your account, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or by anyone else using your username and password, whether or not authorized by you. You agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password (contact OMIOUS at hola@omius.io) and until we are so notified you will remain liable for any unauthorized use of your account.
We may use personal information provided to us to detect and prevent payment abuse in order to protect the security of our customers. While our Customer Service team may, at times, make outbound calls to you for the purpose of verifying order information and relaying important information pertaining to your order, our questions will be limited to confirming information you provided in connection with your order. Full payment card information will never be requested and should not be disclosed. If you have any questions pertaining to an outbound call you received from us, please contact OMIUS at hola@omius.io.
You agree that we may invoice you and/or bill your credit card when we make the goods you purchased available for shipment at our distribution center and you agree to pay for such goods unless you return them pursuant to our Return Policy.
You agree to use the Website in a manner consistent with any and all applicable rules and regulations. You agree not to use any data mining, robots, or similar data gathering and extraction methods to obtain data from the Website. You also agree not to use bots or other automated methods to place orders through the Website. OMIUS may suspend you or terminate your account for exceeding rates, determined at OMIUS’ sole discretion, of gathering information from or placing orders through the Website. You agree not to upload or transmit through the Website any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Website is strictly prohibited. OMIUS reserves all rights and remedies available to it.
Your Indemnification Obligations
You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this Website (including any information, materials, products or services available through this Website), or related to any User-Generated Content you post on this Website.
Your indemnification obligation does not apply in the State of Colorado for any claim, liability, loss, expense or demand, including legal fees, arising out of OMIUS’ own negligence.
Modification and Discontinuation
We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Website (or any portion thereof) and/or the information, materials, products and/or services available through this Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Website. OMIUS reserves the right to update or modify these Terms of Use at any time, without prior notice. By using the Website following any such change, you agree to follow and be bound by the Terms of Use as modified.
Entire Understanding
These Terms of Use (together with our Privacy Policy, which is expressly incorporated herein) contain the entire understanding between you and us with respect to use of this Website and no representation, statement, inducement, oral or written, not contained herein shall bind any party to this agreement.
Severability and Non-Waiver
Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right under these Terms of Use on any occasion will not in any way constitute a waiver of such right under these Terms of Use or any other right on any other occasion. In the event any provision of these Terms of Use is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms of Use, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. These Terms of Use will apply in lieu of and notwithstanding any specific legend or statement associated with any particular document or information exchanged.
Law & Jurisdiction
These Terms of Use shall be subject to, governed by and construed under the laws of the State of Colorado in the United States of America, without regard to conflict of law principles. This Website is operated from the State of Colorado and is intended to be accessed only by persons in the United States and Canada. Access to, or use of, this Website or information, materials, products and/or services on this Website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Website.
You hereby consent and waive all objections to the exclusive jurisdiction of the federal and state courts in the State of Colorado and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of this Website. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.
Contacting Us
If you have any questions regarding these Terms of Use or any other matter, please email one of our friendly Customer Service Specialists at hola@omius.io.
Additional TOS for shipping to UK/ EU:
https://vat.passportshipping.com/passport-uk-eu-terms-of-service
You may also contact us at:
OMIUS, Inc
625 E. Main St
Aspen, CO 81611
Privacy Policy
OMIUS, Inc (“OMIUS,” “we,” “us,” “our”) takes privacy matters seriously. This Privacy Policy describes the types of information OMIUS collects from and about you when you visit our website or otherwise interact with us (together, the “Services”). This Privacy Policy also explains how we may use or share your information, and your choices about that use.
When you use the Services, or share your information with us, you agree to let OMIUS use your information as described in this Privacy Policy. You also agree to our LINK to Terms of SERVICE. If you do not agree, please do not use the Services.
This Privacy Policy covers:
- Types of Information We Collect
- How We Collect Your Information
- How We Use Your Information
- How We Share Your Information
- Your Choices
- Choices Under the California Consumer Privacy Act
- How We Protect Your Information
- Links to Other Sites
- Children’s Privacy
- Privacy Policy Changes
- Transferring Data Abroad
- Governing Law
- Contacting OMIUS
1. Types of Information We Collect
When you use our Services, we collect different types of information from and about you. This information includes:
- Identifiers: Information that identifies you directly.
- Examples: Full name, email address, social media account information, phone number, billing and/or shipping address, your IP address, and other data that identifies your online activity.
- Commercial Information: Information about your purchases.
- Examples: Purchase history, products you’ve considered.
- Online Activity: Limited information about how you use our Services.
- Examples: How you found our website (e.g., advertisements, search engines, bookmarks); how you interact with our website (e.g., pages you’ve viewed on our site, items you’ve searched for or added to your cart while on our site); the type of device and browser you’re using.
- Geolocation Information: Information about where you are when you use the Services.
- Financial Information: Information about your payment methods with us, if applicable.
- Examples: Credit or debit card numbers.
- Inferences: Information we can determine or estimate about you based on information we collect about you.
- Examples: Purchase preferences, characteristics, potential future purchase behavior.
- User-Generated Content: Information you post on the Services.
- Examples: Comments or reviews about products.
- SMS Information: Information about Text Messages.
- If you sign up for our text messaging program, cookies may be used to personalize your experience (e.g. send you personalized text messages such as shopping cart reminders).
2. How We Collect Your Information
We collect the information described above from many different sources. Sometimes, we collect information from you directly, like when you create an account or give us your credit card information to make a purchase. Other times, we collect information from third parties. The following explains a little more about how we get this information.
- Information You Give Us. If you create an account with our Services, make a purchase, fill out a survey, sign up for emails, enter a contest, or review a product, you give us identifiers, user-generated content, and/or financial information. Sometimes, you can choose not to give us information. For example, you don’t have to sign up for emails. But other times, we’ll need your information to be able to provide you with the Services. For example, we need your billing and shipping information when you make a purchase.
- Information We Collect Automatically. When you use our Services, we automatically collect some information, such as identifiers, geolocation information, commercial information, online activity, and inferences. We collect some of this information using cookies or web beacons. These are small data files that your computer stores with information about your online activity and how you use the Services. Sometimes we collect this information from your browser to help improve your experience with the Services, for example to keep track of items in your cart or remember your account preferences. You may have options to change your browser settings to choose how we can collect some of this information.
- Information from Social Media. Our Services may give you the option to connect your social media profile to the Services or your account. If you choose to do this, you give the social media site permission to share with us certain information about you, such as your email address and name.
3. How We Use Your Information
We use identifiers, commercial information, online activity, geolocation information, user-generated content, and financial information we collect for the following business purposes:
- Tailoring Your Experience with the Services
- Fulfilling Your Purchases
- Fulfilling Contests or Sweepstakes
- Customer Service
- Getting Your Feedback
- Improving Our Services
- Security or Fraud Prevention
We use identifiers, commercial information, geolocation information, online activity, and user-generated content for the following commercial purposes:
- Contacting You with Offers or Promotions
- Marketing and Advertising
We also use the information we collect through the Services for other purposes, with your consent. We may not always ask for your permission when we use user-generated content for advertising purposes. We recommend being careful not to post any sensitive or confidential information in user-generated content.
Sometimes we automatically use your information, for example, when we need to fulfill your order. Other times, we only use this information with your consent. For example, when you sign up for a contest or promotion, you consent to letting us use your information for that contest or promotion.
4. How We Share Your Information
We share the information we collect with different third parties for different purposes. We share identifiers, commercial information, and limited online activity with the following third parties:
- Advertising Partners. To provide you with relevant advertising. We also provide select advertising partners and social media platforms with either personal information, aggregate or anonymous information (that does not identify you), or both to provide you with relevant advertising, or to limit the advertising you see on other sites or apps.
- Storage Providers. We store some of the information we collect from you with third-party storage providers.
- Service Providers. To help with promotions, Service design, and conducting surveys.
- Affiliates and Subsidiaries. To allow you to access the benefits of loyalty, cashback, or other rewards sites you may be using.
We share identifiers and financial information with the following types of entities:
- Payment Processors. To help process your payments.
- Subsidiaries. To process orders with our subsidiaries.
- Storage Providers. We store some of the financial information we collect from you with third-party storage providers.
When you post user-generated content, other users will be able to see that information.
We may share your information with another business if we choose to sell, buy, or otherwise reorganize our business. We may also share your information with government officials, as necessary, to comply with legal requirements. We may also share your information with other third parties, when you have given your consent.
5. Your Choices
You have some choices about how we collect or use your information. The following explains some of those choices.
- Do Not Track Mechanisms. Your browser may give you the option to turn on a “Do Not Track Signal.” Our Services do not respond to all Do Not Track signals from all browsers, as we need to use some signals for internal uses, like completing your purchases.
- Emails. You can unsubscribe from, or change your preferences for, our marketing emails. To do so, click the unsubscribe link at the bottom of our marketing emails. Even if you unsubscribe, we may still send you some informational emails. For example, we will send you emails about orders you make or updates to our Privacy Policy or Terms of Use.
- Account Information. If you’ve made an account with our Services, you can review and change the identifiers you provided to create your account.
- Cookie Opt-Outs. When you use our Services, we sometimes place cookies on your browser that allow us to show you advertising when you’re visiting other sites. You can click here to stop OMIUS from placing those cookies. We also place cookies to help us with your orders on the Services. If you would like to place an order without using cookies, please contact us at: hola@omius.io
- Third-Party Opt-Outs. If you want to stop Google Analytics from collecting information about your visits, you can download the browser add-on available here. OMIUS will still receive information about your use of the Services. If you want to limit how your online activity information is shared with us or other websites, click here. Not all third parties will participate in this opt out mechanism. The opt out only applies to the device and browser that you are using when you opt out, so you will have to repeat the process for each of your devices or when you use a different browser.
6. Choices Under the California Consumer Privacy Act
California residents have specific rights regarding their information. This section describes those rights and how to exercise them.
Selling Information. In the past 12 months, OMIUS has sold or disclosed the following categories of personal information from California consumers: identifiers, online activity, financial information, and commercial information. OMIUS sells your information, as defined by California law when we share it with advertising vendors who use it to help us provide you with relevant advertising. We do not sell your information for any other purpose. We do not and will not knowingly sell personal information of minors who are younger than 16.
Requests. As a California resident, you can make the following requests:
Access Requests. You can request that we disclose certain information to you about our collection and use of your personal information in the past 12 months. Once we receive and verify your request, we will give you the following information:
- The categories of personal information we collected about you.
- The categories of sources of personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you.
To make a request, email us at: hola@omius.io
Deletion Requests. You can request that we delete the personal information that we collected from you. Once we receive and verify your request, we will delete your personal information from our records. We are not required to delete information if we need to use it for the following:
Completing a transaction or contract with you.
Detecting security interests, protecting against malicious, deceptive, fraudulent, or illegal activity, or prosecuting people responsible for that activity.
Debugging our products to identify and repair errors to our Services.
Exercising, and allowing others to exercise, free speech, or other legal rights.
Internal uses that align with your expectations.
Complying with a legal requirement.
Other internal and lawful uses consistent with the reasons you provided the information.
- To make a request, email us at: hola@omius.io
- Sale Opt-Out Requests. You have the right to tell us not to sell your personal information. If you choose to opt out of sale, it means that going forward we will not share your information with advertising vendors who use it to help us provide you with relevant advertising, unless you later tell us to do so. For more information about this right, and to make a request email us at: hola@omius.io
Making Requests. Before completing your request, we need to verify your identity, or if someone else makes a request for you, verify that you have given them permission to make that request. We will send you a link to verify your email address. If the validation is not complete within 3 days, we will void your request and you will have to submit a new request.
Unless you make a request that is very difficult to respond to, we do not charge a fee to process your request. If your request requires a fee, we will tell you why, and give you an estimate of the cost.
We will not discriminate against you for exercising any of your rights.
7. How We Protect Your Information
We use reasonable administrative, physical, and technological measures to protect your personal information’s confidentiality and security as required by law. We cannot promise that your personal information is 100% secure. You use the Services at your own risk. If we share information with a third party, we will use all reasonable efforts to make sure those third parties keep this information secure and only use it in the same way as we have described in this Privacy Policy.
8. Links to Other Sites
You may be able to access other sites from our Services. We recommend reading the privacy policies of these sites before using them. This Privacy Policy only applies to our Services.
9. Children’s Privacy
You must be at least 18 years old to make an account or purchases on our Services. We do not knowingly collect, use, or disclose information from or about visitors under 13 years of age.
10. Privacy Policy Changes
When we make any updates to our privacy practices, we will update this Privacy Policy. We recommend reviewing this Privacy Policy regularly. If you do not agree to any changes we make to this Privacy Policy, do not use our Services. We will notify you if we make any material changes to this Privacy Policy.
We may have other campaigns or promotions where other privacy practices or policies apply. We recommend reviewing these practices and policies before participating in these campaigns or promotions.
11. Transferring Data Abroad
If you visit the Services from a country other than the United States, you consent to us collecting, using, processing, storing, and transferring your personal information across international boundaries.
12. Governing Law
This Privacy Policy is subject to the laws of Colorado.
13. Contacting OMIUS
If you have questions about our Privacy Policy, please email us at hola@omius.io, or contact us at:
Privacy ManagerOMIUS, Inc.625 E. Main Street, Aspen, CO 81611