Terms and Conditions
The Omega3 Innovations website (our “Website”) is operated by Wellpride LLLP dba Omega3 Innovations, a Florida limited partnership (“Omega3 Innovations” or “we” or “our”). These Terms and Conditions (this “Agreement” or “Terms”) state the terms and conditions under which you may access or browse the Website and govern your use of the Website. By using the Website, you (“User” or “you” or “your”) agree to be bound by this Agreement, whether you are simply accessing or browsing the Website or you are purchasing products offered for sale on the Website (“Products”) as a registered customer.
c. Access and Retention. A link to this Agreement will be found in the footer of every page of the Website. In order to access and retain this electronic Agreement, you must have access to the World Wide Web. In addition, you must use all software and equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
You must be at least eighteen (18) years of age to purchase Products, register with or otherwise use the Website. By using the Website, you represent and warrant that: (a) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (b) all registration and listing information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you are 18 years of age or older; and (e) your use of the Website does not violate any applicable law or regulation.
PRODUCT ORDERS AND RETURNS
Please review our Order Policies for more information about our return, cancellation, and subscription policies.
The prices displayed on the Website are quoted in U.S. dollars and are valid and effective only in the U.S. Prices for Products are subject to change without notice. Current subscription customers will be given a 30-day notice before any price change goes into effect for their upcoming renewal orders. We reserve the right to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. We reserve the right to discontinue any Product at any time.
Omega3 Innovations utilizes Authorize.net, a third party payment processor, to store credit card details and handle bank account transactions. No sensitive payment information (e.g. credit card numbers, bank account numbers, etc.) is stored on our Website. The processing of payments will be subject to Authorize.net’s terms, conditions and privacy policies in addition to our policies. When you order Products, you authorize your chosen payment provider (your “Payment Method”) to be charged and agree to make payments using that selected Payment Method.
When you visit the Website or send e-mails to Omega3 Innovations, you are communicating electronically. You consent to receive communications from Omega3 Innovations electronically. Omega3 Innovations will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. You also agree that by signing up for Omega3 Innovations e-mails you consent to receiving products, promotions and other advertisements from Omega3 Innovations or its partners.
When you sign up to become a registered customer, you will also be asked to choose a password for purposes of accessing the Website and purchasing Products. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You shall prevent unauthorized use of the Website using your password. You agree to immediately notify Omega3 Innovations of any unauthorized use of your username or password or any other breach of security. Omega3 Innovations will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. All assignments of your password shall be void.
USE OF COMMUNICATION SERVICES
The Website may contain blogs, reviews, forums, communities, and/or other message or communication facilities designed to enable you to communicate with the public at large or with other users (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, vulgar, obscene, indecent or unlawful topic, name, material or information.
3. Use language or content that discriminates based on race, creed, age, color, religion, gender, marital status, national origin, income level, physical or mental disability, sexual orientation or any other form of discrimination.
4. Use language or content that is generally inappropriate, inaccurate, in poor taste or otherwise contrary to Omega3 Innovations’ values and mission.
5. Upload files or content that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
6. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
7. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
8. Conduct or forward surveys, contests, pyramid schemes or chain letters.
9. Download any content or file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
10. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
11. Restrict or inhibit any other user from using and enjoying the Communication Services.
12. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
13. Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
14. Violate any applicable laws or regulations.
Omega3 Innovations has no obligation to monitor the Communication Services. However, Omega3 Innovations reserves the right to review materials/content posted to a Communication Service and to remove any materials in its sole discretion. Omega3 Innovations reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Omega3 Innovations reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Omega3 Innovations’ sole discretion.
Omega3 Innovations reminds you that certain information is private and is protected by federal and state privacy and security laws. Your comments or posts on the Website or in any Communication Service will be viewed by the general public and will no longer be private. As such, we request that you refrain from disclosing any personal, medical or financial information that you do not wish to be shared or seen by the public. Additionally, please do not post any personal, medical, financial or other confidential information about another person or entity without their approval.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Omega3 Innovations does not control or endorse the content, messages or information found in any Communication Service and, therefore, Omega3 Innovations specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Omega3 Innovations spokespersons, and their views do not necessarily reflect those of Omega3 Innovations.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
SUBMISSION OF CONTENT
When you submit content to Omega3 Innovations that is covered by intellectual property rights, like images, photos and videos (“Content”), you specifically give Omega3 Innovations the following permission: you grant Omega3 Innovations an irrevocable, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify and display any Content that you submit. You represent and warrant that you own or otherwise control all of the rights to the Content; that the Content is accurate; that use of the Content you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify Omega3 Innovations for all claims resulting from Content you supply. Omega3 Innovations has the right but not the obligation to monitor and edit or remove any activity or Content. Omega3 Innovations takes no responsibility and assumes no liability for any Content submitted by you or any third party. To the extent contained within or associated with the Content, you grant and consent to Omega3 Innovations permission to use, and to alter without restriction your name, portrait, photograph and/or other likeness in any and all manner or media, whether for commercial or non-commercial purposes, whether now known or hereafter existing, in perpetuity. You agree that the Content may be combined with other images, text, film, audio, graphics and audio-visual works, and cropped, edited, altered or modified.
LICENSE/SITE ACCESS/PROHIBITED USE
Omega3 Innovations grants you a limited license to access and make personal use of the Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Omega3 Innovations. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, spiders, robots, or similar data gathering and extraction tools, as such activities are strictly prohibited. The Content of the Website, the Website as a whole and the software are intended solely for personal, non-commercial use by you and other non-commercial users of the Website who have a user ID and password. You may not: (a) modify or create any derivative work based on the Content or use the Content, in whole or in part, for any commercial purpose or for any public display, performance, sale, rental, outsourcing or other commercial exploitation; (b) remove or alter any copyright, trademark or other proprietary notices from the Content; (c) transfer the Content to another person; or (d) reproduce the Content, the Website or the software, in whole or in part, except as expressly provided herein. You agree to prevent any unauthorized copying of the Content or software. Omega3 Innovations reserves all rights not expressly granted herein.
TERMINATION OF USE
You agree that Omega3 Innovations may, in its sole discretion, terminate or suspend your access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of this Agreement. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating our relationship with you and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the Website immediately ceases, and you acknowledge and agree that Omega3 Innovations may immediately deactivate or delete your account and all related information and files and/or bar any further access to such files or the Website. Omega3 Innovations will not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
Omega3 Innovations owns and retains all proprietary rights in the Website. Except as otherwise expressly noted, all Products, images, illustrations, designs (including Product designs), graphics, icons, photographs, text, audio clips, video clips and other materials that appear as part of the Website as well as the selection, arrangement and organization of the foregoing and the Website as a whole (collectively, ‘Content’) are subject to copyright, trademark, service mark, trade dress, and/or other intellectual property rights or licenses and rights of publicity and privacy, all worldwide rights, titles and interests in and to which are owned by or licensed to Omega3 Innovations or its licensors/suppliers. All software used on this Website is the property of Omega3 Innovations or its licensors/suppliers and is protected by U.S. and international copyright and other intellectual property laws.
OMEGA3 INNOVATIONS, OMEGA COOKIE, OMELA, OMEGA RESTORE, OMEGA HEAVEN, OMEGA PASSION, OMEGA CURE, WELLPRIDE and SUPERFOOD CHAMPION, along with other Website graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of our sister company AMBO Innovations, LLC in the U.S. and/or other countries. Omega3 Innovations’ trademarks and trade dress may not be used in connection with any product or service that is not Omega3 Innovations, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Omega3 Innovations. All other trademarks not owned by AMBO Innovations or Omega3 Innovations that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Omega3 Innovations. References on the Website to the trademarks, service marks, trade names, products, company names or services of third parties are provided for your convenience and do not in any way constitute or imply an endorsement or recommendation of that third party or its products or services by Omega3 Innovations.
METATAGS, HIDDEN TEXT, LINKING OR FRAMING ONLINE
Omega3 Innovations expressly prohibits any use of its trademarks, trade names or brand names in metatags, keywords and/or hidden text online. The use of Omega3 Innovations trademarks, trade names or brand names in metatags, keywords or hidden text constitutes trademark infringement, and the use of any of the foregoing for purposes of gaining higher rankings in search engines constitutes unfair competition. Linking to the Website, or any page or portion thereof, without the prior written consent of Omega3 Innovations is expressly prohibited. Likewise, framing, in-line linking or other methods of association on the Website or its content with any other site, advertisement, link or other information or materials not originating from this Website is expressly prohibited, unless specifically authorized or required in writing by Omega3 Innovations.
The information provided on this Website is for reference use only, and does not constitute the rendering of medical, physical, diet, legal, financial, or other professional advice or recommendations by Omega3 Innovations. The website is not a substitute for professional medical recommendations, and nothing on the Website is a comment on the specifics of your case or medical treatment. You should seek professional medical advice, diagnosis, and/or treatment for any and all medical conditions you think you may have, whether as a result of using this Website or otherwise. In the event you believe you have a medical condition you should immediately seek the advice of a medical doctor or another qualified health provider. Please consult your medical provider with any specific questions that you have about your health or call 911 in the case of an emergency.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and/or availability. Omega3 Innovations reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Omega3 Innovations apologizes for any inconvenience this may cause you.
LINKS TO THIRD PARTY SITES
Omega3 Innovations may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Omega3 Innovation has no control over such sites and resources, you acknowledge and agree that Omega3 Innovations is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Omega3 Innovations shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource. We do not control the privacy policies or practices of these Websites. You should review those policies before providing any personal information. Omega3 Innovations is not responsible for the content or practices of any linked Websites and provides these links solely for navigation convenience to visitors.
EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED HEREIN, YOU HEREBY ACKNOWLEDGE AND AGREE THAT OMEGA3 INNOVATIONS (INCLUDING OWNERS, PARTNERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, AFFILIATES, SUBSIDIARIES AND INDEPENDENT CONTRACTORS OF OMEGA3 INNOVATIONS) HAS NOT MADE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE WEBSITE, THE PRODUCTS OR THE INFORMATION PROVIDED THROUGH THIS WEBSITE. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY OMEGA3 INNOVATIONS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. OMEGA3 INNOVATIONS DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
DISCLAIMER OF LIABILITY
IN NO EVENT SHALL OMEGA3 INNOVATIONS OR ANY OF ITS OWNERS, PARTNERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, AGENTS OR REPRESENTATIVES, BE IN ANY WAY LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM, OR RELATING TO, THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS THEREOF, OR OF ANY LINKED WEBSITE, OR ANY PRODUCT OR SERVICE LINKED TO OR ADVERTISED OR PROMOTED ON THE WEBSITE, OR OTHERWISE RELATING HERETO, REGARDLESS OF WHETHER THE SAME ARE FORESEEABLE OR IF OMEGA3 INNOVATIONS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIRS OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR DATA YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE AND THAT OMEGA3 INNOVATIONS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE.
OMEGA3 INNOVATIONS MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE, CONTENT, SOFTWARE OR ANY PRODUCT OFFERED OR PURCHASED THROUGH THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE OR ACCESS IN LOCATIONS OUTSIDE OF THE UNITED STATES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OMEGA3 INNOVATIONS’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO OMEGA3 INNOVATIONS FOR THE PRODUCTS.
You agree to indemnify and hold Omega3 Innovations, its owners, partners, managers, shareholders, subsidiaries, affiliates, employees, agents, and other partners and employees, harmless from any loss, liability, damages, claim, actions, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your violation of this Agreement and/or arising from any use of this Website.
Omega3 Innovations shall not be liable for failing to perform its obligations hereunder because of circumstances reasonably beyond the control of Omega3 Innovations. Such circumstances shall include (without limitation) any acts or omissions of any government or governmental authority, natural disaster, act of a public enemy, acts of terrorism, riot, sabotage, labor disputes, power failure, delays in transportation or deliveries of supplies or materials, acts of God, computer failure, hardware failure, telecommunications failure, software failure, failure of users to cooperate with the reasonable requests of Omega3 Innovations, breach of this Agreement by users, cyber-attacks, cyber-hacks, cyber-crimes, or cyber-disruptions and any other events reasonably beyond the control of Omega3 Innovations.
CONSENT TO JURISDICTION, FORUM SELECTION AND CHOICE OF LAW
By using the Website you expressly agree that if there is any dispute arising out of the Website and/or the Products, or in the event of any judicial action arising directly, indirectly, or otherwise in connection with, out of, related to or from this Agreement or any transaction covered hereby or otherwise arising in connection with the relationship between the parties, regardless of whether such action is brought under contract, tort, statute or otherwise, any such dispute shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Florida, in Sarasota County, for the resolution of any such dispute. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. You hereby waive any right you may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State and Federal courts located in the County of Sarasota, State of Florida shall have in personam jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.
In any action to enforce this Agreement, the prevailing party will be entitled to recover its legal expenses, including reasonable attorneys’ fees, legal assistants’ fees, costs and expenses from the non-prevailing party of all court costs (including bankruptcy proceedings and appeals) in addition to any other relief to which the party is entitled. Any cause of action brought by you against Omega3 Innovations or its officers, partners, directors, managers, members, shareholders, distributors, affiliates, subsidiaries, sponsors, advertisers, licensors, employees, agents, representatives or independent contractors, must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under this Agreement to any third party, and any purported attempt to do so will be null and void. Omega3 Innovations may freely assign its rights and obligations under this Agreement.
By using the Website or purchasing Products, the only relationship created is that of a buyer and a seller. No other legal relationship exists or is implied.
If any part of this Website is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.
Any failure by Omega3 Innovations to enforce or exercise any provision of this Website or related rights will not constitute a waiver of that right or provision.
The headings and captions of this Agreement are inserted for convenience of reference and do not define, limit or describe the scope or intent of this Agreement or any particular section, paragraph, or provision.
Please contact us with any questions regarding this Agreement.