By accessing or using this Site, mobile application or other Company product or service on any computer, mobile phone, tablet, console or other device (collectively, “Device”), or by any other means, you acknowledge and agree that you have read, understand and agree to be bound by these Terms and Conditions and by any applicable law.
Company may change these Terms and Conditions at any time without notice. When we make changes, we will post them here. If you do not agree to these Terms and Conditions, please do not use this Site or any Company products or services, and please promptly exit this Site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and service available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without Company’s express written permission. Company reserves any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements.
Omax®, Omax3®, and The Ultra-Pure Omega-3 Supplement™, whether or not appearing in capital letters, bold typeface, or with the trademark symbol, are registered trademarks of Company and may not be used without permission. Use, reproduction, copying, or redistribution of these trademarks, without the written permission is prohibited. The use or misuse of these trademarks, copyrights, or other materials is expressly prohibited and may be in violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes, and/or regulations. Omax3 is protected by U.S. patents #7,652,068 and 8,071,646.
LINKS TO OUR SITE
If you desire to provide a hyperlink from your Website to our Site, you must agree to be bound by the terms of our Hyperlink License Agreement.
LINKS OR POINTERS TO OTHER SITES
Company makes no representations whatsoever about any other Website that you may access though this Site. When you access a non-Company Website, please understand that it is independent from Company and this Site, and that Company has no control over the content on that Website. In addition, a hyperlink to a non-Company Website does not mean that Company endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
Use of the Site or purchases made through the Site, and any controversy, claim or dispute arising out of or relating in any way to Company’s products or services shall be governed by the laws of the state of New Jersey without respect to its choice (or conflict) of laws rules. Any claim or cause of action must be filed in New Jersey as set forth herein. In any arbitration or other dispute brought against Company, the prevailing party will be awarded its costs and attorneys’ fees.
Any claim or cause of action you may have with respect to the Site or Company must be commenced within one (1) year after the claim or cause of action arose. Failure to make a claim or cause of action within the one year period will result in forfeiture of your right to make such a claim or cause of action except where prohibited by law.
Agreement to Arbitrate Claims
You acknowledge and agree to the terms of an Arbitration Agreement by accessing or using this Site, mobile application or by using any other Company product or service. The Arbitration Agreement is incorporated into these Terms and Conditions as set forth in full herein.
These Terms and Conditions govern your use of the Site and any of Company’s products and services. Company’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms and Conditions shall not affect the enforceability of those portions of the Terms and Conditions deemed enforceable by applicable courts of law.
NO UNLAWFUL OR PROHIBITED PURPOSE
As a condition of your use of this Site, you warrant to Company that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
This website and all pages within this website located at www.omaxhealth.com and www.omax3.com (this “Site”) and Omax Health, Inc. f/k/a Prevention Pharmaceuticals, Inc. (“Company”) together provide website features and other products and services when you visit, shop or purchase from this site. This Arbitration Agreement affects your legal rights and remedies, and provides that all disputes between you and Company must be resolved through, mandatory, binding arbitration as specified herein rather than through a lawsuit by any other means, except as otherwise provided.
If you do not agree to the Arbitration Agreement, please do not use this Site or any Omax Health product.
- Resolution of claims or disputes.
Any claim or dispute between you and Company arising out of or relating in any way to the Product, the Site or this Agreement shall be resolved through final, binding arbitration. This mandatory arbitration obligation applies regardless of whether the claim or dispute involves a tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. Both you and the Company acknowledge and agree that you waive your right to bring a lawsuit based on such claims or disputes and that you waive your right to have such claims or disputes resolved by a judge or jury. Notwithstanding the foregoing, you have the right to seek relief in small claims court for claims or disputes within the scope of small claims jurisdictional limits.
- Limitation of legal remedies.
All arbitrations under this Agreement shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that this Agreement specifically prohibits you from commencing arbitration proceedings as a representative of others or joining in any arbitration, litigation or other proceeding brought by any other person.
- Arbitration procedures:
Before commencing any arbitration proceedings under this Agreement, you must first present the claim or dispute to the Company by sending a written complaint to Company, Attn: Dave Heilman, 24 Arnett Avenue, Suite 107, Lambertville, NJ 80503, and allowing the Company the opportunity to resolve the claim or dispute. If your claim or dispute is not resolved within sixty (60) days, you may commence arbitration proceedings in accordance with the terms of this Agreement.
- The arbitration of any claim or dispute under this Agreement shall be conducted pursuant to the American Arbitration Association’s (“AAA”) United States Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available at www.adr.org.
- The arbitration of any claim or dispute under this Agreement shall be conducted in the State of New Jersey, in the city of Princeton.
- The arbitration of any claim or dispute under this Agreement shall be conducted by an arbitrator who is independent and impartial. The exchange of information and timing of the arbitration shall be supervised by the arbitrator and shall be in accordance with procedures provided by the arbitrator.
- Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after the American Arbitration Association acknowledges receipt of a claimant’s demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in telephonic hearing.
- If you decide to commence arbitration, the provider will require to you to pay a filing fee (which currently is $125 for claims under $10,000). If your filing fee is more than $125, The Company will reimburse you for any excess fee promptly after it receives notice of your arbitration.
4. Choice of law.
This Agreement shall be governed by the United States Federal Arbitration Act and the laws of the state of New Jersey.
If any provision of this Agreement is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable.
- Waiver of damages.
Each of the parties hereby (a) irrevocably waives, to the maximum extent not prohibited by law, any right it may have to a trial by jury in respect of any proceeding directly or indirectly at any time arising out of, under or in connection with the purchase of the Product from Company or any transaction contemplated hereby or associated herewith; (b) irrevocably waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any such proceeding any special, exemplary, punitive or consequential damages, or any damages other than, or in addition to, actual damages.
What Information We Collect About You
We group the collection of user information into two categories: personal, which is information identifiable to a specific member, and aggregate, which is general demographic information that does not identify any individual member. Personal information may include your name, email address, mailing address, credit card information and phone number. We may also collect certain demographic information such as your site preferences, age, gender, geographical location, language, time zone, income and education (some of the information we ask for may be optional). Company may use or disclose aggregate information for any purpose.
How Your Information May be Used
We collect personal information to make our services related to this Site (“Services”) more rewarding for you to use, including billing, shipping and tracking your orders. If we have any questions or concerns regarding your order, we may use this information to contact you. We also use this information for internal purposes, such as studying our customers’ preferences and improving the customers’ experiences. We may also use your information to contact you for promotional purposes. We also may use this information to provide customer service to you. If you enter into a sweepstakes, contest, or similar promotion, we may use the information you provide to administer those activities. We may combine information about you with information from other sources in order to improve the quality of our services.
We also receive and store certain personally non-identifiable information, which is collected passively using various technologies, and cannot presently be used to specifically identify you. This Site may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, the domain names of our visitors’ Internet service providers, and how our users use and interact with the Services. Also, in an ongoing effort to better understand and serve you, we often conduct research on customer demographics, interests and behavior based on the personal information and other information provided to us. This research may be compiled and analyzed on an aggregate basis. We may share this non-identifiable and aggregate data with affiliates, agents and business partners, but this type of non-identifiable and aggregate information does not identify you personally. We may also disclose aggregated user statistics in order to describe our Services to current and prospective business partners, and to other third parties for other lawful purposes.
How your Information is Shared
There are certain circumstances in which we may share your personal information with certain third parties without further notice to you, as set forth below:
- We may share information about you with trusted third parties to improve your consumer experience. These third parties may contact you about products, services or promotions you may be interested in, or to otherwise improve your customer experience with this Site.
- As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, your information may be part of the transferred assets.
- When we believe in good faith that disclosure is necessary to protect the rights, property and safety of Company’s products, product users, or the public.
- As required by law, to comply with a judicial proceeding or court order, to exercise our rights, or to defend against any claims.
Children Under 18
Children under 18 may view this Site, but they cannot make a purchase or provide any personal information. This Site is not designed for children and we do not wish to collect personal information from children under 18. If you register with us and we discover that you are under 18, we will delete your account.
Amendments or Modifications to this Policy
If you would like to access, correct or amend any personal information we have about you, please contact us at:
Omax Health, Inc.
24 Arnett Avenue, Suite 107
Lambertville, NJ 80503
QUESTIONS AND CONTACT INFORMATION
1-800-765-6691 (M-F, 8am to 7pm EST)