This website and all pages within this website located at www.omaxhealth.com (this "Site") is owned and operated by Omax Health, Inc. f/k/a Prevention Pharmaceuticals, Inc. ("Company") and provides website features and other products and services to you when you visit, shop or purchase items from this Site, use or access this Site from your mobile devices, or use software. By using Company’s products and services, including Omax3 properties, you agree to these conditions. Please read them carefully. You should also carefully review our Privacy Policy before placing an order for goods or services through this site. By placing an order on our site, you are agreeing to an arbitration clause below. 


By accessing or using this Site, mobile application or other Company product or service on any computer, mobile phone, tablet, console or other device (collectively, "Device"), or by any other means, you acknowledge and agree that you have read, understand and agree to be bound by these Terms and Conditions and by any applicable law.

Company may change these Terms and Conditions at any time without notice. When we make changes, we will post them here. If you do not agree to these Terms and Conditions, please do not use this Site or any Company products or services, and please promptly exit this Site.

ELECTRONIC COMMUNICATIONS
When you use any Site service, or send e-mail messages to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. 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.

ORDER ACCEPTANCE AND CANCELLATION

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. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether your credit card has been charged or not. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. In all cases, if your credit card has been charged and your order is cancelled you will receive a prompt refund credit to your account.

Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.

We are a reseller to end user customers and do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products and services that are offered on our site. Should we determine you are purchasing orders from our site for purposes of resale, without our consent, we reserve the right to stop selling to you. We make every effort to maintain the availability of our site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.


SHIPPING
Shipping and handling fees are as follows. Company reserves the right to use any shipping service we choose to ship products to you.  We offer ground and rush shipping options.

48 Contiguous U.S.

Ground: $7.95 (7-10 business days)

Rush: $15.95 (3-5 business days)

We also ship to: Alaska, Hawaii, Puerto Rico, Guam, Northern Mariana Islands, U.S. Virgin Islands, and American Samoa, and Canada.  These orders will incur an additional surcharge of $9.95.  

*All delivery times above are based on average in-transit time, after the order has been processed by our fulfillment warehouse. Orders are processed during EST business hours Monday - Friday.

All shipping prices are quoted in United States dollars. No C.O.D. orders can be accepted.

The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization or during holidays.

There may be occasional delays beyond the posted order processing time. If the delay is more than seven business days, we will send you an e-mail message notifying you of the delay. If the delay will be less than seven business days, we will ship the product as soon as it is received. If your product is on backorder for more than 10 business days, we will send you an e-mail message asking if you want to cancel the order. If you do not advise us that you would like to cancel the order, we will process the order and sent it to you.


When your order ships, you will be provided with a tracking number via email. If you lose this email, you may call our customer service center for tracking information. We do not guarantee any specific delivery dates or times. These shipping terms are accepted by you by placing an order with us.


RETURNS & EXCHANGES

Your first order of any one of our dietary supplements, is covered by a 60-day money back guarantee. If for any reason you are not happy with your purchase, simply return all unused and unopened products to receive a full refund, less shipping and handling fees. Any non-supplements, or supplement orders past the initial money back guarantee, can be returned or exchanged within 30-days if they are in the original, unopened package.

Both policies are covered by the following terms and limitations.

You must return both opened and unopened product in its original packaging and have proof of purchase through this Site. Customer is responsible for return shipping. We do not accept product returns sold by third-party sellers. 

To return a product, you must first call Omax Customer Care at 1-800-765-6691 to receive a return authorization number. We will need your order number or email address associated with your account.  Any products that are refused or returned to sender will be subject to a 25% shipping and processing charge.

Once we receive the returned product, we will refund the purchase price less original shipping and handling fees (if any).  We will notify you once your return has been received and we have issued your refund.  In all cases, refunds will be given in the same form of payment as the original method of payment.  Please allow up to 10 days after we have processed the refund for your bank to credit your account. 

 

To make a return or exchange, please follow these steps:

  • Obtain a Return Merchandise Authorization (RMA) number. This is required for us to process and track your return. You can obtain an RMA number by calling 1-800-765-6691 Monday – Friday between 8am and 7pm EST. Please include your order number or the email you used to place your order.
  • Include the RMA number inside the box with a copy of your packing slip or original order confirmation.
  • Ship all unopened and opened product to the Great Lakes Fulfillment address listed below. Returns sent to any other address will not be processed. Please keep the tracking number for the return package to ensure it has been received by our warehouse.
  • Return postage is at the buyer’s expense. Any returned package sent “Return to Sender” will be subject to a 25% processing fee to cover return shipping and handling.

Great Lakes Fulfillment
Omax Health
41 Canal Street
Lewiston, ME 04240  

 SALES TAX

Company is required by law to collect sales tax on certain orders based on appropriate state law. Your sales tax will be identified when you place your order.

PAYMENT INFORMATION
We accept the payment methods as indicated on our Site at any particular time.  To make purchases on the Site you must submit credit card information or other payment information. You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. All payments must be in United States dollars. Current billing address, email and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. We retain a security interest in the products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid. Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below. You authorize Company to use any updated credit card information submitted by your credit card company. If you dispute any charges, you must inform us within thirty (30) days of your purchase. 


PRODUCT INFORMATION
We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our site.

All pricing for the products and services available on our site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.

INFORMATION DISCLAIMER

All information contained on this Site is intended as general information and should not be construed as medical advice, or used to diagnose, treat or address any medical or health problem. Always consult with a qualified healthcare professional, physician, or other medical practitioner before using dietary supplements including any of the products found on this Site. 

FORCE MAJEURE

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and service available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

 RESTRICTIONS ON USE

The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without Company’s express written permission. Company reserves any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements. 

 TRADEMARK AND PATENTS

Omax®, Omax3®, and The Ultra-Pure Omega-3 Supplement™, whether or not appearing in capital letters, bold typeface, or with the trademark symbol, are registered trademarks of Company and may not be used without permission. Use, reproduction, copying, or redistribution of these trademarks, without written permission is prohibited. The use or misuse of these trademarks, copyrights, or other materials is expressly prohibited and may be in violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes, and/or regulations.  Omax3 is protected by U.S. patents #7,652,068 and 8,071,646. 

 WARRANTY DISCLAIMER

ALL PRODUCTS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN NO EVENT SHALL WE OR OUR PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. NONE OF OUR EMPLOYEES OR REPRESENTATIVES ARE AUTHORIZED TO MODIFY THIS LIMITATION. OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.

 Although Company attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Company so that it can be corrected. Information contained on the Site may be changed or updated without notice.

 LINKS OR POINTERS TO OTHER SITES

Company makes no representations whatsoever about any other Website that you may access though this Site. When you access a non-Company Website, please understand that it is independent from Company and this Site, and that Company has no control over the content on that Website. In addition, a hyperlink to a non-Company Website does not mean that Company endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.


DISPUTE RESOLUTIONS 

Governing Law
Use of the Site or purchases made through the Site, and any controversy, claim or dispute arising out of or relating in any way to Company’s products or services shall be governed by the laws of the state of New Jersey without respect to its choice (or conflict) of laws rules.  Any claim or cause of action must be filed in New Jersey as set forth herein. In any arbitration or other dispute brought against Company, the prevailing party will be awarded its costs and attorneys’ fees. 

Any claim or cause of action you may have with respect to the Site or Company must be commenced within one (1) year after the claim or cause of action arose.  Failure to make a claim or cause of action within the one year period will result in forfeiture of your right to make such a claim or cause of action except where prohibited by law.

Agreement to Arbitrate Claims 
You acknowledge and agree to the terms of an Arbitration Agreement by accessing or using this Site, mobile application or by using any other Company product or service. The Arbitration Agreement is incorporated into these Terms and Conditions as though set forth in full herein.

 You acknowledge that you have reviewed and agree to Company’s Privacy Policy, which can be accessed here (“Privacy Policy”). The Privacy Policy is incorporated by reference to these Terms and Conditions as though set forth in full herein. 

GENERAL INFORMATION
These Terms and Conditions govern your use of the Site and any of Company’s products and services. Company’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms and Conditions shall not affect the enforceability of those portions of the Terms and Conditions deemed enforceable by applicable courts of law.

ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between Company and you pertaining to the subject matter of these Terms and Conditions. In its sole discretion, Company may modify these Terms and Conditions by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the terms of use linked on this Site at that time.

NO UNLAWFUL OR PROHIBITED PURPOSE

As a condition of your use of this Site, you warrant to Company that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.


ARBITRATION AGREEMENT

This website and all pages within this website located at www.omaxhealth.com (this "Site") and Omax Health, Inc. f/k/a Prevention Pharmaceuticals, Inc. (“Company”) together provide website features and other products and services when you visit, shop or purchase from this site. This Arbitration Agreement affects your legal rights and remedies, and provides that all disputes between you and Company must be resolved through, mandatory, binding arbitration as specified herein rather than through a lawsuit by any other means, except as otherwise provided.

If you do not agree to the Arbitration Agreement, please do not use this Site or any Omax Health product.

Resolution of claims or disputes.

Any claim or dispute between you and Company arising out of or relating in any way to the Product, the Site or this Agreement shall be resolved through final, binding arbitration. This mandatory arbitration obligation applies regardless of whether the claim or dispute involves a tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. Both you and the Company acknowledge and agree that you waive your right to bring a lawsuit based on such claims or disputes and that you waive your right to have such claims or disputes resolved by a judge or jury. Notwithstanding the foregoing, you have the right to seek relief in small claims court for claims or disputes within the scope of small claims jurisdictional limits.

Limitation of legal remedies.

All arbitrations under this Agreement shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that this Agreement specifically prohibits you from commencing arbitration proceedings as a representative of others or joining in any arbitration, litigation or other proceeding brought by any other person.

Arbitration procedures.

  1. Before commencing any arbitration proceedings under this Agreement, you must first present the claim or dispute to the Company by sending a written complaint to Company, Attn: Legal Department, 24 Arnett Avenue, Suite 107, Lambertville, NJ 08530, and allowing the Company the opportunity to resolve the claim or dispute. If your claim or dispute is not resolved within sixty (60) days, you may commence arbitration proceedings in accordance with the terms of this Agreement.
  2. The arbitration of any claim or dispute under this Agreement shall be conducted pursuant to the American Arbitration Association's ("AAA") United States Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available at https://www.adr.org/Rules.
  3. The arbitration of any claim or dispute under this Agreement shall be conducted in the State of New Jersey, in the city of Princeton.
  4. The arbitration of any claim or dispute under this Agreement shall be conducted by an arbitrator who is independent and impartial. The exchange of information and timing of the arbitration shall be supervised by the arbitrator and shall be in accordance with procedures provided by the arbitrator.
  5. Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after the American Arbitration Association acknowledges receipt of a claimant's demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in telephonic hearing.
  6. If you decide to commence arbitration, the provider will require to you to pay a filing fee (which currently is $125 for claims under $10,000). If your filing fee is more than $125, The Company will reimburse you for any excess fee promptly after it receives notice of your arbitration.

Choice of law.

This Agreement shall be governed by the United States Federal Arbitration Act and the laws of the state of New Jersey.

Severability.

If any provision of this Agreement is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable.

Waiver of damages.

Each of the parties hereby (a) irrevocably waives, to the maximum extent not prohibited by law, any right it may have to a trial by jury in respect of any proceeding directly or indirectly at any time arising out of, under or in connection with the purchase of the Product from Company or any transaction contemplated hereby or associated herewith; (b) irrevocably waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any such proceeding any special, exemplary, punitive or consequential damages, or any damages other than, or in addition to, actual damages.

Omax Health, Inc.
24 Arnett Avenue, Suite 107
Lambertville, NJ 08530
USA

QUESTIONS AND CONTACT INFORMATION
customercare@omax3.com
1-800-765-6691 (M-F, 8am to 7pm EST)

 

Revised 6/4/17

©Omax Health, Inc. 2017