Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Lomi.com site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE LOMI.COM SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE LOMI.COM SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE LOMI.COM SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE LOMI.COM SITE IS AT YOUR OWN RISK. THE LOMI.COM SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE LOMI.COM SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER OMD NOR ANY PERSON ASSOCIATED WITH OMD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE LOMI.COM SITE. WITHOUT LIMITING THE FOREGOING, NEITHER OMD NOR ANYONE ASSOCIATED WITH OMD REPRESENTS OR WARRANTS THAT THE LOMI.COM SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE LOMI.COM SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE LOMI.COM SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE LOMI.COM SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, OMD HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability.
REWARDS EARNED THROUGH LOMI REWARDS HAVE NO CASH VALUE, ARE NON-TRANSFERABLE, AND YOU HAVE NO PROPERTY RIGHTS IN OR TO REWARDS OR OTHER LOMI REWARDS BENEFITS. YOU ARE SUBJECT TO, AND MUST COMPLY WITH, ANY ADDITIONAL TERMS, CONDITIONS AND RESTRICTIONS THAT APPLY TO ANY REWARD THAT YOU RECEIVE, INCLUDING THOSE IMPOSED BY THE REWARDS PARTNERS.
YOU HEREBY RELEASE OMD AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY AND ALL LIABILITY TO YOU OR ANY OTHER PERSON REGARDING THE REDEMPTION OF REWARDS, THE RECEIPT OR USE OF ANY REWARDS OR YOUR PARTICIPATION IN LOMI REWARDS. OMD IS NOT RESPONSIBLE FOR LOST OR STOLEN REWARDS. IN ADDITION, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL OMD, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, OR DIRECTORS BE LIABLE TO YOU FOR, AND YOU HEREBY WAIVE ANY CLAIMS AGAINST OMD FOR, ANY DAMAGES WHATSOEVER (INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, ARISING IN CONNECTION WITH LOMI REWARDS OR YOUR USE OR INABILITY TO USE THE LOMI.COM SITE, LOMI REWARDS OR REWARDS, OR THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES PROVIDED BY REWARDS PARTNERS, EVEN IF OMD OR THEIR RESPECTIVE REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS OMD, AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, FROM ANY CLAIMS, DEMANDS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR ACCESS TO AND USE OF LOMI REWARDS, YOUR VIOLATION OF THESE REWARDS TERMS AND CONDITIONS, OR THE INFRINGEMENT BY YOU, OR ANY OTHER USER OF LOMI REWARDS USING YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR AS A RESULT OF ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN ANY OF YOUR COMMUNICATIONS.
CCPA Financial Incentive Notice.
Rewards earned through Lomi Rewards may be deemed a “financial incentive” under the California Consumer Privacy Act (“CCPA”). We currently offer the following promotional programs in connection with the collection and retention of Personal Information:
We offer Rewards to customers participating in Lomi Rewards, consistent with our Rewards Terms herein above.
For CCPA purposes, we treat the value of your Personal Information collected through Lomi Rewards as equivalent to the value of the Rewards. By participating in Lomi Rewards, you agree that the benefits are reasonably related to the value of the Personal Information collected and retained.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects.
Lomi Subscribe & Save Plan Terms and Conditions:
Last Update: November 7th, 2023
The Lomi Subscribe & Save Plan (“LSP”) is operated by Open Mind Developments Corporation (“dba Lomi”). These LSP Terms of Service (“Terms”) apply to your participation in the LSP.
Description of the Lomi Subscription Plan
LSP is a subscription based comprehensive service plan operated by Lomi and available to customers with Active Member Status (as defined below). LSP benefits include:
- Lifetime Warranty of your Lomi device
- Unlimited refills for LomiPods and Filters
- Free Lomi device upgrade every 36 months
Active Member Status:
- Active Members are customers who have:
- subscribed to the LSP
- made uninterrupted LSP subscription payments
- not paused or skipped a LSP subscription shipments
- remedied any failed LSP payments within 30 days of the failed payment
Lifetime Warranty Terms:
- All warranty claims are subject to the Terms of Warranty Coverage of the standard 1-year Warranty
- The Lifetime Warranty covers defects in materials and workmanship under normal use conditions for Lomi devices.
- Coverage includes the device body, bucket, heating element, fan, removal components, and electronic controls (subject to standard Warranty terms).
- Coverage does not include damage from accidents, misuse, unauthorized modifications, or other non-warranty related causes.
- Should a customer cancel their LSP, they will no longer be considered an Active Member and warranty coverage will revert to the standard 1-year Warranty
- Customers can initiate a warranty claim by emailing Lomi customer service at firstname.lastname@example.org or submitting a claim here.
Refills for LomiPods and Filters Terms:
- All LSP Active Members are eligible for an unlimited supply for LomiPods and Filter refills. Orders can be placed through their Lomi account.
- Should a customer pause or skip a LSP subscription payment they will no longer be considered an Active Member and immediately become ineligible for unlimited LomiPods and Filter refills.
Device Upgrade Terms:
- All LSP Active Members are eligible for a free device upgrade after 36 continuous months of maintaining Active Member Status
- Device upgrades are subject to shipping fees only. Shipping fees are to be fully borne by the customer.
- Should a customer pause or skip a LSP subscription payment they will no longer be considered an Active Member and immediately become ineligible for device upgrades.
- Failure to remedy failed LSP payments within 30 days of the failed payment will result in customers no longer being considered an Active Member and immediately become ineligible for all LSP benefits.
- Lomi reserves the right to modify, terminate, or revoke the LSP Terms in whole or in part at its sole discretion, with proper notice to LSP Active Members.
- Lomi reserves the right to change LSP subscription prices at its sole discretion, in accordance with applicable laws and regulations. LSP Active Members will be notified of such price changes through one or more of the following means: email, website or user dashboard offering clarity on updated subscription prices, the effective date, and any other key information.
- By maintaining Active Member Status you acknowledge that you have read, understand and agree to these Terms.