PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITE AND SERVICES AND PRODUCTS AVAILABLE THROUGH THE SITE.
Please read the Terms carefully. They cover important information about the Site and any charges, taxes, and fees we bill you. The Terms include information about future changes to the Terms, export controls, automatic renewals, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court.
If you wish to review the provisions of the Terms, the effective version of the Terms can be found on OmegaBrite’s website. You acknowledge that you have read and understood the Terms, accept these Terms, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Terms, then you may not use the OmegaBrite Site or consume any Content or OmegaBrite products or services.
If You Want to Use This Site,
then carefully read these entire Terms (including all links to details), as they constitute a written agreement between you and us and they affect your legal rights and obligations. Each time you access and/or use the Site (other than to simply read these Terms), including by ordering any product from OmegaBrite, whether by clicking through over the internet, telephone, facsimile or otherwise, the customer agrees to be bound by these Terms you agree to be bound by and comply with these Terms and any Additional Terms (defined below) then posted. Therefore, do not use the Site if you do not agree.
The business realities associated with operating the Site are such that, without the conditions that are set forth in these Terms — such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and arbitration of certain disputes – OmegaBrite would not make the Site available to you.
It is important that you read and understand these entire Terms before using the Site. This table of contents further highlights some key issues and points and you can click on the headings and “More” links to be taken to the full explanation.
- Site Content, Ownership, Limited License and Rights of OthersWe only grant you a limited revocable license to use the Site for your own non-commercial use subject to rules and limitations.
- Site and Content Use RestrictionsYour use is subject to our rules.
- Opening and Terminating AccountsYou may open, revise and close your accounts.
- Terms Applicable For PurchasesIf you purchase goods or services through the OmegaBrite store, these terms apply.
- Auto-Renewal TermsIf you select auto-refill plans on items, purchase auto-refill products, or otherwise enroll in our auto-refill program to receive your order and be charged according to a regular frequency, these terms apply.
- Notices, Questions and Customer ServiceThis section contains customer service and other terms. You agree that we may provide you notices, including notices of new terms and conditions, by posting notice on the home page of the Site or by other reasonable means, such as to the email you provided.
- Links by You to the SiteYou may link to our Site, subject to some basic rules.
- Linked-To Websites; Advertisements; Dealings with Third PartiesWe are not responsible for third parties or their content, advertisements, apps or sites.
- WirelessWireless carrier charges may apply to use of the Site via wireless networks or your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).
- Dispute ResolutionYou agree to arbitrate most disputes and waive jury trial and class actions.
- Disclaimer of Representations and WarrantiesWe disclaim most warranties and provide the Site “As Is”.
- Limitations of our LiabilityOur liability is greatly limited.
- Waiver of Injunctive or Other Equitable ReliefYou waive equitable or injunctive relief.
- Updates to TermsThese Terms and Additional Terms posted on the Site at each time of use apply to that use, and the Terms may be prospectively updated as our Site evolves. Posting of new terms on the Site is notice to you thereof.
- General ProvisionsYou agree to various other terms and conditions.
- Contact USThis section provides how to contact us and more. More on Contact Us
Full Details of Terms and Conditions
Site Content, Ownership, Limited License and Rights of Others
- Content.The Site contains a variety of: (i) materials and other items relating to OmegaBrite, OmegaBrite’s products and services, and similar items from our licensors and other third parties, including all layout, information, articles, reviews, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Site, and the compilation, assembly, and arrangement of the materials of the Site and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of OmegaBrite (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
- Ownership. The Site (including past, present and future versions) and the Content are owned or controlled by OmegaBrite and our licensors and certain other third parties. All right, title, and interest in and to the Content available via the Site is the property of OmegaBrite or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, or other intellectual property and unfair competition rights and laws to the fullest extent possible.
- Rights of Others. When using the Site, you must respect the intellectual property and other rights of OmegaBrite and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
Site and Content Use Restrictions
- Site Use Restrictions.You agree that you will not: (i) use the Site for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Trademarks; (iii) engage in any activities through or in connection with the Site that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to OmegaBrite; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Site source or object code or any software or other products, services, or processes accessible through any portion of the Site; (v) engage in any activity that interferes with a user’s access to the Site or the proper operation of the Site, or otherwise causes harm to the Site, OmegaBrite, or other users of the Site; (vi) interfere with or circumvent any security feature of the Site or any feature that restricts or enforces limitations on use of or access to the Site, the Content; (vii) harvest or otherwise collect or store any information; (viii) attempt to gain unauthorized access to the Site, other computer systems or networks connected to the Site, through any means; or (ix) otherwise violate these Terms or any Additional Terms.
- Content Use Restrictions. You also agree that, in using the Site: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Site by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of OmegaBrite or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
- Availability of Site and Content. OmegaBrite may immediately suspend or terminate the availability of the Site and Content (and any elements and features of them), in whole or in part, for any reason, in OmegaBrite’s sole discretion, and without advance notice or liability.
- Reservation of All Rights Not Granted as to Content and Site. These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Site. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by OmegaBrite and its licensors and other third parties. Any unauthorized use of any Content or the Site for any purpose is prohibited.
Opening and Terminating Accounts
- If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any Additional Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits or to the Site – all in our sole discretion, for any reason, and without advance notice or liability. If you would like to close your OmegaBrite Site account, please contact us at firstname.lastname@example.org and include “Account Closure Request” in the subject line with your full name and email address associated with your account.
Terms Applicable For Purchases
- Generally.To purchase any products or services in the OmegaBrite online store, you must be at least eighteen (18) years of age. Prior to the purchase of any products or services, you must provide us with a valid credit or debit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit or debit card number, (iii) the credit or debit card type, (iv) the date of expiration, (v) any activation numbers or codes needed to charge your card or otherwise use a valid gift card, and (vi) the full billing address associated with your card as well as the shipping address for your order, if different. By submitting that information to us or our third party credit card processor, you agree that you authorize us and/or our processor to charge your card at our convenience but within thirty (30) days of credit or debit card authorization (except if the product you ordered is backordered, in which case your credit or debit card may be authorized at the time of order placement, but only charged, or reauthorized and then charged if the initial authorization expired, once we have the item back in stock and your order goes to ship; in the case of such a backorder, you hereby acknowledge and agree that the amount of time that will elapse between the date of your order or the initial authorization and the date your credit card is charged is impossible to predict due to a variety of factors, including freight shipping, and may be longer than 30 days) and you authorize us, in the situation that the initial authorization expires prior to charging your card, to reauthorize and then charge your card; additionally, you agree that you authorize us to make these authorizations or charges or both across a single transaction or multiple smaller transactions totaling the same amount at our discretion; and, similarly, to fulfill your order either in one order and shipment or by breaking it into two or more orders or shipments or both to best facilitate the processing of your order (such as in the case of an order containing both a backordered item and an in-stock item) at our discretion; we may also complete the credit card charge without first performing a prior authorization; you hereby agree and acknowledge that we are not responsible for, and you hereby indemnify us against, any bank, credit card, or other fees or costs incurred by you including but not limited to relating to any of the foregoing. For any product or service that you order on the Site, you agree to pay the price applicable (including any sales taxes, surcharges, and shipping and handling) as of the time you submit the order. OmegaBrite will automatically bill your credit card or other form of payment submitted as part of the order process for such price. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering. All references in this section to purchases on the site or otherwise also include automatically generated orders that may be placed by us or our system as part of a recurring auto-refill account you create, as well as to orders placed by any means, including but not limited to phone, internet, mail, and fax.
- Methods of Payment, Credit Card Terms and Taxes. All payments must be made by Visa, MasterCard, Discover or American Express or by check (sent via mail). We currently do not accept cash, although in the future we may change this policy. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. You represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. YOU, AND NOT OMEGABRITE, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify OmegaBrite of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If OmegaBrite does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by OmegaBrite or its agents. Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products. You are responsible for paying any such taxes or charges imposed on your purchases, including, but not limited to, sales, use or value-added taxes, as you are also responsible for any and all shipping and handling charges imposed on your orders, which changes from time to time and you acknowledge such change to be outside of our control. OmegaBrite shall automatically charge the applicable shipping and handling charges and charge and withhold the applicable tax for orders to be delivered to addresses within any states or localities that it deems is required in accordance with our order policy in effect at the time of purchase. .
- Return Policy and Shipping Policy. All purchase transactions made through the Site are subject to OmegaBrite’s Return and Exchange Policy and Shipping Policy in effect at the time of purchase. OmegaBrite’s current Return and Exchange Policy can be found here and is incorporated into these Terms by reference. OmegaBrite’s current Shipping Policy can be found here is incorporated into these Terms by reference.
- Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. OmegaBrite reserves the right at any time after receipt of your order to accept or decline your order for any reason, and we will not be responsible for, and you indemnify us against, any authorizations performed if your order is not partially or fully accepted and any transactional fees you incur with third parties. OmegaBrite further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by OmegaBrite upon our delivery of products or services that you have ordered. We may require additional verifications or information before accepting any order. We do not guarantee that the item you order will be in stock for us to fulfil your order with, even if the it is listed or stated to be in-stock, and you agree, accept, and acknowledge that in the event that it is not we may lower your ordered quantity, delay your order until the item comes back into stock, or cancel your order, and we are not responsible for any authorizations made during that process or any transactional fees you incur with third parties. Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that: (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided. Do not assume that a cancellation or change of an order you have placed with OmegaBrite has been effected until you receive a confirmation from OmegaBrite via email or the Site. As stated above, you will be responsible for, and your credit card or third-party payment account may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request or a request to terminate your account was received. Once you have placed your order and it has been submitted, your order cannot be canceled (other than future auto-refill orders per the Auto-renewal terms. All responsibility including product damage, shipping errors become that of the purchaser at the time it leaves our facility. This Site is provided solely for retail customers. The Site shall not be used to purchase products for re-sale or export. You represent, warrant, and covenant that by placing an order via the Site that you are not a reseller, dealer, exporter, or distributor who resells the products offered by us online or via the internet other than with our prior express written consent. Site does not accept orders from any reseller, dealer, exporter, or distributor who resells our products online other than with our prior express written consent. Site reserves the right to immediately bar access to the Site, terminate the account of, and take whatever other further action, including applying for injunctive relief, available at law or in equity against any user who violates this provision.
- No Responsibility to Sell Mispriced Products or Services. We do our best to describe every item, product or service offered on this Site as accurately as possible. However, we are human, and therefore we do not warrant that specifications or pricing on the Site is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any item, product or service, OmegaBrite shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional terms may apply. If a product you purchased from OmegaBrite is not as described, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging.
- Modifications to Prices or Billing Terms. The purchase of products and services on the Site is subject to availability. PRODUCTS AND SERVICES DISPLAYED ON THE SITE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. OMEGABRITE RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
- Auto-Renewal TermsOmegaBrite’s automatic-renewal program (referred to interchangeably throughout these Terms, Additional Terms, throughout the website, on other documents, and by customer service by phone, email and other forms of communication as “AutoRefill”, “Auto-Ship”, “Subscription” and other names) is a program in which you place an order for an AutoRefill specific item to create one or more AutoRefill programs, also called an AutoRefill account, in which you are requesting and authorizing us to automatically ship your order and charge your credit card for the order you selected, including shipping and handling, and tax, on a regular basis until you cancel, which you can do anytime, effective five days after the date you cancel. The price of the product is separate from shipping and handling, which may vary from order to order outside of our control. You accept that there may be a change in the shipping and handling price, which you acknowledge is outside of our control and you waive any notice of such a change, including but not limited to as it affects your AutoRefill orders, however, this does not apply to a change in product price that affects your AutoRefill orders, which we will notify you of in advance, per the related provisions in these Terms, which you can view here. as shipping and handling rates vary. When you place that order you specify a frequency you would like (the default on the website as it says is every 30 days). Each AutoRefill program is associated with a single item (in the quantity you choose), so, as an example, by placing an order for two AutoRefill items, you create two independent AutoRefill programs, each of which must be managed, adjusted, and / or cancelled individually. If you have more than one AutoRefill program, the system may automatically group them all into a single order that may charge and ship as one, but each unique item has its own independent AutoRefill program. Your first order will charge and ship generally within 24 hours of you placing it. Your AutoRefill program then automatically creates new orders for you, and charges your card and ships your products, according to the frequency you specified (so, if your frequency is 30 days for instance, then your next order would be automatically created 30 days from the date of your first order, then 30 days from that date, and so on and so forth), and continues indefinitely until you decide to cancel. (The time period between each AutoRefill order and the next one is referred to herein as the “Subscription Period”).Its important to understand that by enrolling in AutoRefill, usually by purchasing an AutoRefill product, you are requesting that we automatically charge your card and ship your product to you according to your chose frequency (usually every month) with no set end date, meaning you have to go into your OmegaBrite account or contact us to cancel it. That cancellation will apply to the next order at least 5 days from the date of cancellation (to cancel your next immediate order in your AutoRefill program you must cancel at least five days prior to the date its currently scheduled to be generated, otherwise the cancellation will apply to the subsequent order). Remember, if you ordered multiple AutoRefill items, even if you receive them in the same order, you must cancel EACH AutoRefill programs separately. Performing a cancellation on one AutoRefill program has no effect on any others you may have.By proceeding with your order and completing the checkout process, you are thereby consenting to the above and are thereby authorizing each of those purchases and corresponding credit card charges. How to Cancel Your AutoRefill Program Use one of the following methods to cancel your AutoRefill Program. Your cancellation will take effect five days from the date you cancel, as further clarified in regard to cancellation via physical mail per Method 3 below.
- Log into your https://omegabritewellness.com Account
- Click on each of your subscriptions
- For each of them, click the “suspend” link
- Confirm in the popup window
- Verify that the refreshed version of your subscription page reflects the word “suspended”
- Call us at 1-800-383-2030 or email us at email@example.com and request that we cancel your AutoRefill program (you should include reference to your full name, billing address, and subscription ID in your email or have the same on hand when you call).
- Fill out our Cancellation Form, which you can download here
- Email, fax, or mail it to us at < 1-781-652-0504, or Omega Natural Science, Inc., 8275 S Eastern Avenue, Suite 121, Las Vegas, NV 89123, USA, respectively. <
- You may adjust your frequency at any time yourself by logging into your OmegaBrite account or by contacting us at 1-800-383-2030 or firstname.lastname@example.org. Your adjustment will apply to the order after the next order in your AutoRefill program (so your next order will go out on the date it was already scheduled to, but the AutoRefill program will calculate the one after that based on your updated frequency). Your change must be received within five days of your next order or it may apply to the next order after it (so if you make your adjustment within two days of your next order, the AutoRefill program may calculate the one after it with the current frequency, and use your updated frequency to calculate all ones after that one).
- If you wish to adjust the date your next order will ship and charge, or skip an order, you can do that also yourself by logging into your OmegaBrite account or by contacting us at 1-800-383-2030 or email@example.com. This will affect your immediate next order, but then the AutoRefill program will calculate the order after that based on the current frequency as usual. Your change must be received within five days of your next order or it may apply to the next order after it (so to adjust the date your immediate next order will ship and charge, you need to make the adjustment at least five days prior to the currently scheduled date).
- This section applies to your enrollment in AutoRefill by any means, including but not limited to phone, internet or website, email, chat, mail, or fax, and whether you personally enrolled or someone else in your household did on your behalf.
- Your payment to OmegaBrite will automatically renew at the end of the subscription period, unless you cancel your AutoRefill program through your subscription page in your OmegaBrite account or by contacting us at at 1-800-383-2030 or firstname.lastname@example.org at least five days before the end of the current subscription period. The cancellation will take effect five days after the date you make or give us notice of the cancellation. Orders that have already been generated, regardless of whether you have received the orders or they are still processing or in transit, and orders already scheduled to be generated within the next five days cannot be cancelled and, except as expressly provided in these terms, OmegaBrite will not refund any corresponding fees that you have already paid or are scheduled to pay for the aforementioned orders, therefore it is important to understand that if you desire to cancel your next AutoRefill program applicable to your next order, you must do so at least five days before it is scheduled to be automatically created. The limitation section sets forth further terms relating to the cancellation of your AutoRefill program
- AT THE END OF YOUR INITIAL SUBSCRIPTION PERIOD (THE NUMBER OF DAYS YOU SPECIFIED AS YOUR FREQUENCY AFTER YOUR INITIAL ORDER DATE, OR IN CERTAIN CIRCUMSTANCES, THE DATE YOUR INITIAL ORDER IS CHARGED AND SHIPPED) WE MAY AUTOMATICALLY START TO CHARGE YOU FOR THE APPLICABLE AUTOREFILL PROGRAM, ON THAT FIRST DAY FOLLOWING THE SUBSCRIPTION PERIOD, ON A RECURRING BASIS AT THE END OF EACH SUBSCRIPTION PERIOD THEREAFTER UNTIL YOU CANCEL PER THE CANCELLATION TERMS AND CONDITIONS LAID OUT IN THESE TERMS HEREIN. BY PROVIDING YOUR PAYMENT DETAILS IN CONJUNCTION WITH THE AUTO-REFILL ORDER, YOU AGREE TO THIS CHARGE OR CHARGES USING SUCH PAYMENT DETAILS. IF YOU DO NOT WANT THIS FIRST CHARGE, OR ANY SUBSEQUENT CHARGE, YOU MUST CANCEL THE APPLICABLE AUTO-REFILL PROGRAM OR PROGRAMS THROUGH YOUR OMEGABRITE ACCOUNT’S SUBSCRIPTION PAGE OR BY CONTACTING US BY EMAIL AT info@omegabritewellness.COM OR BY PHONE AT 1-800-383-2030 AT LEAST FIVE DAYS BEFORE THE END OF THE YOUR INITIAL SUBSCRIPTION PERIOD, OR FIVE DAYS BEFORE THE END THE APPLICABLE SUBSCRIPTION PERIOD, RESPECTIVELY. AUTOREFILL PROGRAMS, WITH RESPECT TO THE ORDER SCHEDULED TO AUTOMATICALLY GENERATE AT THE END OF THE CURRENT SUBSCRIPTION PERIOD, CANNOT BE TERMINATED ONCE THE CURRENT DATE IS, OR IS LESS THAN, FIVE DAYS FROM THE END OF THAT SUBSCRIPTION PERIOD. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, OMEGABRITE WILL NOT REFUND ANY CHARGES FOR ORDERS THAT EXIST ALREADY AT THE DATE OF CANCELLATION, OR THAT WILL BE CREATED WITHIN FIVE DAYS OF THE DATE OF CANCELLATION. THE LIMITATION SECTION SETS FORTH ADDITIONAL TERMS REGARDING CANCELLATION OF YOUR PAID SUBSCRIPTION.
- OmegaBrite may change the price for its products and its AutoRefill programs from time to time, and will communicate any changes in price to an existing and active AutoRefill program of yours to you in advance.OmegaBrite has no obligation to communicate to you any price changes to its products unrelated to AutoRefill or to its AutoRefill products and programs that do not effect an existing and active AutoRefill program of yours. We may communicate these price changes to you via one or more of email, fax, mail, or telephone, at our sole discretion. For the purposes of these Terms, you agree that our communication to you of the price changes shall be deemed received five days after the date OmegaBrite sends you notice of the price change (not the date you receive such notice) (the “Notice Date”). The date of an applicable price change for an AutoRefill program will be the date that is exactly three months following the Notice Date. Price changes for AutoRefill programs will take effect starting with the order that is generated following the Subscription Period the date of the price change falls under. As permitted by local law, you accept the new price by continuing to use the Site and continuing to receive without cancelling your AutoRefill program orders after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by cancelling your AutoRefill program per the cancellation terms and conditions set forth in these Terms, prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully. If you have or had an AutoRefill program that was deactivated for any reason, whether by your cancellation, issues relating to payment or credit card decline or expiration, or any other reason, OmegaBrite makes no guarantee that the price you were receiving will be the current and applicable price if and when you reactivate or open a new AutoRefill program, and, notwithstanding the foregoing, OmegaBrite is under no obligation to follow the notice procedure or timeline laid out above; instead, your reactivation or reopening of the AutoRefill program constitutes your acceptance of the price. OmegaBrite has no obligation to maintain a uniform price for its AutoRefill customers, and you expressly agree that OmegaBrite may have various price levels for its AutoRefill customers at any one time, corresponding to any of a number of factors, including but not limited to how long the AutoRefill program has been open. If you enrolled in AutoRefill prior to this version of the Terms coming into effect, you accept this provision on price changes to AutoRefill programs and its application to your existing AutoRefill program or programs by continuing to use the Site and continuing to receive without cancelling your AutoRefill program orders after this version of these Terms come into effect. Notices, Questions and Customer Service
- You agree that: (i) we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the home page of the Site, by contacting you by any of a number of means, by simply posting a revised version of these Terms in the applicable section of the website, or in another reasonable manner; and (ii) we may contact you by mail or email sent to the address provided by you. You agree to promptly notify us if you change your email or mailing address by updating your account information. If you have a question regarding using the Site, you may contact us here, at email@example.com, or at 1-800-383-2030. You acknowledge that the provision of customer support is at OmegaBrite’s sole discretion and that we have no obligation to provide you with customer support of any kind.
- Links by You to the Site
- We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Site, so long as: (a) the links only incorporate text, and do not use any Trademarks; (b) the links and the content on your website do not suggest any affiliation with OmegaBrite or cause any other confusion; and (c) the links and the content on your website do not portray OmegaBrite or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is confidential, unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to OmegaBrite. OmegaBrite reserves the right to suspend or prohibit linking to the Site for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
Linked-To Websites; Advertisements; Dealings with Third Parties
- Linked Sites; Advertisements. The Site may contain links, as part of third-party ads on the Site or otherwise, to or from third-party websites (“Linked Sites”), including websites operated by advertisers, affiliates, licensors, licensees, and certain other third parties who may have business relationships with OmegaBrite. OmegaBrite may have no control over the content, operations, policies, terms, or other elements of Linked Sites, and OmegaBrite does not assume any obligation to review any Linked Sites. OmegaBrite does not endorse, approve, or sponsor any Linked Sites, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, OmegaBrite is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. Finally, OmegaBrite will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party Linked Sites. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Linked Sites. OmegaBrite disclaims all liability in connection therewith.
- Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Site (including on or via Linked Sites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). OmegaBrite disclaims all liability in connection therewith.
- Wireless FeaturesThe Site may offer certain features and services that are available to you via your wireless Device. These features and services may include the ability to access the Site’s features and receive messages from the Site (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues. You agree that OmegaBrite is not responsible for any fees and charges incurred in connection with your use of any and all Wireless Features, and you agree to pay all such fees and charges (including any applicable taxes) at the rates in effect when the charges were incurred.
- Terms of Wireless Features. You agree that as to the Wireless Features for which you are registered for, we may send communications to your wireless Device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Site for Wireless Features, then you agree to notify OmegaBrite of any changes to your wireless contact information (including phone number) and update your accounts on the Site to reflect the changes.
- Dispute ResolutionCertain portions of this Section 10 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and OmegaBrite agree that we intend that this Section 10 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 10 can only be amended by mutual agreement.
- Arbitration.If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section is enforceable, the following mandatory arbitration provisions apply to you:
- Dispute Resolution and ArbitrationYou and OmegaBrite agree that any dispute, claim, or controversy between you and OmegaBrite arising in connection with or relating in any way to these Terms or to your relationship with OmegaBrite as a user of the Site or OmegaBrite’s products or a customer of OmegaBrite (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, relating to any issue including without limitation relating to advertising and purchases, whether pre-existing, present or future, and whether the claims arise during or after the termination of the Terms) will be determined by mandatory binding individual arbitration. Any award of the arbitrator(s) shall be final and binding unto you and your successors and permitted assigns and to OmegaBrite and our successors and permitted assigns. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms.
- ExceptionsNotwithstanding clause 10.1.1. above, you and OmegaBrite both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court, (2) pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit in a court of law to address intellectual property infringement claims.
- Arbitration RulesEither you or we may start arbitration proceedings. If you are located in, are based in, have offices in, or do business in the United States, any arbitration between you and OmegaBrite will be finally settled under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by the Terms. You and OmegaBrite agree that these Terms affect interstate commerce, so the U.S. Federal Arbitration Act and federal arbitration law apply and govern the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. OmegaBrite can also help put you in touch with the AAA.Any arbitration hearings will take place at a location to be agreed upon in Las Vegas, Nevada, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA’s Consumer Rules with the remainder paid by OmegaBrite. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse OmegaBrite for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.If you are not located in, are not based in, do not have offices in, and do not do business in the United States, any arbitration between you and OmegaBrite will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC”) then in force (the “ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules, as modified by these Terms, and will be administered by the International Court of Arbitration of the ICC. Any arbitration will be conducted in the English language and unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the law to be applied in any arbitration shall be the law of the State of Nevada, United States, without regard to choice or conflicts of law principles.
- Time for FilingAny arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. The parties expressly waive any contrary statute of limitations or time bars, both legal and equitable, to any claim.
- Notice; ProcessA party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). OmegaBrite’s address for Notice is: Omega Natural Science, Inc. 8275 S Eastern Avenue Suite 121 Las Vegas, NV 89123, USA The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or OmegaBrite may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or OmegaBrite shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, OmegaBrite shall pay you (1) the amount awarded by the arbitrator, if any, (2) the last written settlement amount offered by OmegaBrite in settlement of the dispute prior to the arbitrator’s award; or (3) $1,000.00, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law. Except as required to enforce the arbitrator’s decision and award, neither you nor OmegaBrite shall make any public announcement or public comment or originate any publicity concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator.
- ModificationsIn the event that OmegaBrite makes any future change to this arbitration provision (other than a change to OmegaBrite’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to OmegaBrite’s address for Notice, in which case your account with OmegaBrite shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.
- EnforceabilityIf the class action waiver at Section 10.3. is found to be unenforceable in arbitration or if the entirety of this Section 10.1. is found to be unenforceable, then the entirety of this Section 10.1. shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 15.2. shall govern any action arising out of or related to the Terms.
- Injunctive Relief. The foregoing provisions of this Section 10 will not apply to any legal action taken by OmegaBrite to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site, any Content, and/or OmegaBrite’s intellectual property rights (including such OmegaBrite may claim that may be in dispute), OmegaBrite’s operations, and/or OmegaBrite’s products or services.
- No Class Action Matters.YOU AND OMEGABRITE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR ACTION OR AS AN ASSOCIATION. Unless both you and OmegaBrite agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section 10.1. to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 15.2. Notwithstanding any other provision of this Section 10, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “No Class Action Matters” section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
- Federal and State Courts in Clark County, Nevada. Except where arbitration is required above, small claims actions, or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted in state or Federal court in Clark County, Nevada. Accordingly, you and OmegaBrite consent to the exclusive personal jurisdiction and venue of such courts for such matters.
- Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court of competent jurisdiction.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOUR ACCESS TO AND USE OF THE SITE AND ALL OMEGABRITE PRODUCTS IS AT YOUR SOLE RISK. THE SITE AND ALL PRODUCTS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, OmegaBrite and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, affiliates, contractors, customers, successors, and assigns (collectively, the “OmegaBrite Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
- the Site (including the Content);
- the functions, features, or any other elements on, or made accessible through, the Site;
- any products, services, or instructions offered or referenced at or linked through the Site;
- whether the Site or the servers that make the Site available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);
- whether the information (including any instructions or recommendations) on the Site is accurate, complete, correct, adequate, useful, timely, or reliable, and the same shall never be construed as medical advice;
- whether any defects to or errors on the Site will be repaired or corrected;
- whether your access to the Site will be uninterrupted;
- whether the Site will be available at any particular time or location; and
- whether your use of the Site is lawful in any particular jurisdiction.
- EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A OMEGABRITE PARTY, OMEGABRITE PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
- IN ADDITION, OMEGABRITE MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE OMEGABRITE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT OMEGABRITE IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE OMEGABRITE SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM OMEGABRITE SHALL CREATE ANY WARRANTY ON BEHALF OF OMEGABRITE IN THIS REGARD.
- You acknowledge and agree that the owners of the Content and certain other third parties are intended beneficiaries of the Terms and have the right to enforce the Terms directly against you. Other than as set out in this section, the Terms are not intended to grant rights to anyone except you and OmegaBrite, and in no event shall the Terms create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Terms are not subject to the consent of any other person.
LIMITATIONS OF OUR LIABILITY
UNDER NO CIRCUMSTANCES WILL ANY OMEGABRITE PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
- the Site (including the Content and any and all OmegaBrite products);
- your use of or inability to use the Site, or the performance of the Site;
- Any reliance on information, instructions, or recommendations given through the Site or by an OmegaBrite Party;
- any action taken in connection with an investigation by OmegaBrite Parties or law enforcement authorities regarding your access to or use of the Site;
- any action taken in connection with copyright or other intellectual property owners or other rights owners;
- any errors or omissions in the Site’s technical operation; or
- any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
- The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if OmegaBrite Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Site). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OMEGABRITE PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID OMEGABRITE IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. OmegaBrite will make reasonable efforts to keep the Site operational. However, certain technical difficulties, maintenance, or other issues may, from time to time, result in temporary or even permanent interruptions. To the extent permissible under applicable law, OmegaBrite reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Site, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Site or any function or feature or product thereof. You understand, agree, and accept that OmegaBrite has no obligation to maintain, support, upgrade, or update the Site, or to provide all or any specific content or products through the Site. This section will be enforced to the extent permissible by applicable law. OmegaBrite and/or the owners of any Content and products may, from time to time, remove any such Content or products without notice to the extent permitted by applicable law. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL OMEGABRITE, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE OMEGABRITE SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER OMEGABRITE HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE OMEGABRITE SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO OMEGABRITE DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
Waiver of Injunctive or Other Equitable Relief
- IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SITE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY OMEGABRITE OR A LICENSOR OF OMEGABRITE.
- Updates to Terms
- These Terms (or if applicable Additional Terms), in the form posted at the time of your use of the applicable services to which it applies, shall govern such use (including transactions entered during such use). AS OUR SITE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SITE MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SITE UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SITE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SITE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted terms of service and any applicable Additional Terms each time you use the Site (at least prior to each transaction or submission). The new terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the terms of service (and any applicable Additional Terms) that applied when you previously used the Site will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, the page of the website displaying the Terms, your account and the email you associated with your account for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised or Additional Terms by discontinuing use of the Site and related services.
- OmegaBrite’s Consent or Approval.As to any provision in these Terms or any Additional Terms that grants OmegaBrite a right of consent or approval, or permits OmegaBrite to exercise a right in its “sole discretion,” OmegaBrite may exercise that right in its sole and absolute discretion. No OmegaBrite consent or approval may be deemed to have been granted by OmegaBrite without being in writing and signed by an officer of OmegaBrite.
- Applicable Law. These Terms and any Additional Terms will be governed by and construed in accordance with the laws of the State of Nevada, excluding that State’s choice of law principles, and all claims, including any Dispute and Excluded Dispute, relating to or arising out of these Terms and any Additional Terms, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of Nevada, excluding that State’s choice-of-law principles.
- Indemnity. You agree to, and you hereby, defend, indemnify, and hold OmegaBrite Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any OmegaBrite Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your use of the Site and your activities in connection with the Site; (ii) your breach or alleged breach of these Terms or any Additional Terms; (iii) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Site or your activities in connection with the Site; (iv) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (v) any misrepresentation made by you; and (vi) OmegaBrite Parties’ use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by OmegaBrite Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, OmegaBrite Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. OmegaBrite Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a OmegaBrite Party.
- Third Party Applications. The Site may be integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that OmegaBrite does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.
- In consideration for the rights granted to you under the Terms, you grant us the right (1) to allow the Site to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Site, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the Site, the Content you view and the products you receive, including their selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content or products licensed or provided to OmegaBrite may contain advertising as part of the Content. In such cases, OmegaBrite will make such Content available to you unmodified.
- Feedback.If you provide feedback, testimonials, ideas, or suggestions to OmegaBrite in connection with the Site or Content or products (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize OmegaBrite to use that Feedback without restriction and without payment to you. If you desire the Feedback to be anonymous and not associated with your name, please express that desire when you submit the Feedback to us. We will make reasonable efforts to honor that desire, however you hereby agree and acknowledge that the same may not be possible and that the anonymity of your Feedback may not be maintained and we will not be liable in such a scenario. You agree and acknowledge that in submitting your Feedback to us you are taking such a risk and expressly indemnify us in relation to the foregoing.You grant OmegaBrite a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Terms plus twenty (20) years), irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your Feedback in connection with the Site through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any Feedback, including Feedback, and your right to object to derogatory treatment of such Feedback.
- Operation of Site; Availability of Products and Services; International Issues. OmegaBrite makes no representation that the Site is appropriate or available for use beyond the U.S.A. If you use the Site from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Site may describe products and services that are available only in the U.S.A. (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the Site and/or the provision of any content, program, product, service, or other feature described or available on the Site to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You and we disclaim any application to these Terms of the Convention on Contracts for the International Sale of Goods.
The following is not permitted for any reason whatsoever:
- manipulating the Site by using a script or other automated process;
- providing your password to any other person or using any other person’s username and password
- “crawling” the Site or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from OmegaBrite.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Site. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password by logging into your OmegaBrite account as soon as possible.
- Export ControlsYou are responsible for complying with all trade regulations and laws both foreign and domestic.
- Severability; Interpretation. If any provision of these Terms, or any Additional Terms or provision thereof, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms or any Additional Terms, the word will be deemed to mean “including, without limitation,”.
- Communications. When you communicate with us electronically, such as via email and text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Investigations; Cooperation with Law Enforcement; Termination; Survival. OmegaBrite reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Site security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any Additional Terms, (iii) investigate any information obtained by OmegaBrite in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any Additional Terms, and (vi) discontinue the Site, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to OmegaBrite under these Terms or any Additional Terms. Upon suspension or termination of your access to the Site, or upon notice from OmegaBrite, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Site. The provisions of these Terms and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to OmegaBrite in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, auto-renewal, no class action, and mandatory arbitration.
- Assignment. OmegaBrite may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of OmegaBrite.
- No Waiver. Except as expressly set forth in these Terms or any Additional Terms, (i) no failure or delay by you or OmegaBrite in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
- Connectivity. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Site and you will be responsible for all charges related to them.
- California Consumer Rights and Notices. Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.
- When using the Site, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Site.
- If you have any questions concerning the OmegaBrite Site or the Terms, please contact OmegaBrite customer service by visiting our website. If you are a California resident, you may have the Terms mailed to you electronically by sending a letter to Omega Natural Science, Inc., 8275 S Eastern Avenue, Suite 121, Las Vegas, NV 89123, USA with your email address and a request for the Terms.
- In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at 1-800-952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
Thank you for reading our Terms. We hope you enjoy OmegaBrite!