Terms & Privacy

The terms & conditions outlined below apply to AquaOmega (myaquaomega.com).

We provide this Site as a service to our clients. Please review the terms and conditions below that regulate your use of our Site (the “Agreement”). Note that your use of our Site signifies your unconditional agreement to follow and be bound by these terms and conditions. Although you may “bookmark” a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms of the Agreement. AquaOmega. and it’s affiliates reserve the right to update or modify the Agreement at any time without notice. Using our Site following any such changes signifies your unconditional agreement to follow and be bound by the Agreement as changed. We encourage you to review our terms and conditions of the Agreement each time you access this Site.

COPYRIGHTS and TRADEMARKS

All materials, which includes but is not limited to images, text, photographs, illustrations, designs, icons, programs, video clips and other materials that are a part of this Site (the “Contents”) are subject to intellectual property rights, including without in any way limiting the generality of the foregoing, copyrights and trademarks, held by or licensed to AquaOmega, or one of their respective affiliates, and are protected by U.S.A., Canadian, and international copyright laws unless otherwise stated. The compilation (meaning the collection, organization, and assembly of all contents on this Site) is the exclusive property of AquaOmega and is also protected by U.S.A., Canadian, and international copyright laws.

Access to this Site does not confer and shall not be considered as conferring upon any license under any of AquaOmega, or any third party’s intellectual property rights.

AquaOmega’s logos, names and all related product and service names, design marks and slogans are the trademarks or service marks of AquaOmega and are used in Canada under exclusive license by AquaOmega. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Using this Site does not authorize anyone to use any name, logo or mark in any manner.

USE OF THIS SITE

This Site and all its Contents are intended solely for personal, non-commercial use. You may not recreate or reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software except as noted above. All software used on this Site is the property of AquaOmega or its suppliers and is thus protected by U.S.A., Canada and international copyright laws. You may use the contents and software of this Site only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Site is strictly prohibited.

SITE SECURITY

Users are prohibited from breaching or attempting to breach the security of this Site, including, but not limited to:
(1) accessing data/content not intended for said user or logging onto a server or an account for which the user does not have AquaOmega’s permission to access;
(2) attempting to examine, scan or test the vulnerability of a system, servers or network or to breach security or authentication measures without AquaOmega’s or its authorized affiliates permission;
(3) attempting to interfere with service to any user, host or network, including, but not limited to, submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”;
(4) sending unsolicited email, including promotions and/or advertising of products or services; or
(5) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

Violations of the statements listed above may result in civil or criminal liability. AquaOmega will investigate occurrences that may involve such violations and reserves the right to involve and cooperate with authorized law enforcement agencies and officers in prosecuting users who are involved in such violations.

The user agrees not to use any device, software or routine to interrupt/delay or attempt to interrupt/delay the proper working of this Site or any activity occurring on this Site. Furthermore the user agrees not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including but not limited to browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from AquaOmega on this Site and other than publicly available third party web browsers (e.g., Google, Bing).

GENERAL

This Agreement represents the complete agreement between the parties in relation to the Site and overrides all previous agreements and representations between the two. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of AquaOmega to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit AquaOmega’s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed in accordance with the laws Canada and the USA. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the courts of the Province of Ontario.

SERVICES

You acknowledge your use of this website and the content thereon is at your own risk, including any and all risks associated with your use of but not limited to any workouts, WODs, exercises,routines, programming, instructions, guidance, diets, dietary recipes, nutritional information,nutritional guidance or any other information set out on this website. You acknowledge that there are inherent risks of injury with any physical activity and you hereby release AquaOmega Inc, VivoBrands Inc, any of their subsidiaries and affiliates and all of its employees, directors,officers and representatives and other parties involved in the creation, maintenance and distribution of the content on this website (collectively “AquaOmega”) from any and all liability arising as a result of your use of this website or the content thereon, including, without limitations, any direct, special, incidental, indirect or consequential damages or other damages of any kind, including, but not limited to physical injury, illness, death, loss of profits, loss of data,whether in an action in contract, tort (including but not limited to negligence) or otherwise.

AquaOmega recommends that you consult with a physician before changing your diet, starting any workout or exercise program or taking supplements of any kind, whether as set out on its website or otherwise. The content of this website is educational only and should not be considered a substitute for advice of a physician.

SUBSCRIPTIONS

If you sign up for our subscribe & save program on the website in connection with your purchase, the payment card you provide will be charged the amount stated on the web page corresponding to the product you purchase, and your payment card will automatically be charged the same monthly amount every thirty (30), sixty (60) or ninety (90) days thereafter.

If you are a member of our subscribe & save program and you have provided us with a valid credit card number or an alternate payment method, each shipment will be automatically processed at the time of each successive shipment or installment and will be billed to the payment method you provided to us at the time of your initial purchase and enrollment. You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is canceled or is no longer valid. Changes to such information can be made by logging into your account and clicking on “manage subscriptions”

If you wish to cancel your participation in our subscribe & save program, you may do so by logging into your account and clicking on “manage subscriptions”. Any changes to your subscription or cancellations must be completed prior to the next shipment processing. Once a shipment has been processed, changes can no longer be made.

Please Note: In some rare instances, during specific coupon or promotional periods, a minimum shipment requirement before cancellation can occur, may be implemented as part of the offer terms. Please read all offer details carefully before submitting your order to our subscribe and save program.

By submitting your email address and clicking on the submit button, you accept to receive promotional emails. All promotional emails sent by AquaOmega will provide an opportunity to unsubscribe at any time.

TERMINATION

These terms are effective unless and until terminated by either you or AquaOmega. You may terminate this Agreement at any time, so long as that you immediately discontinue use of this Site. Accessing the Site in the future signifies the re-Agreement to these Terms and Conditions. AquaOmega also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in AquaOmega sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or AquaOmega, you must immediately destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise.

Privacy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will only retain personal information as long as necessary for the fulfillment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.