Terms and Conditions

Last updated: 18 October 2020

Please read these terms and conditions carefully before using Our Service.

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural form.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for the election of directors or other managing authority.
• Country refers to the United States.
• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Omega-3 Research Study and Vitalyon LLC.
• Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
• Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
• Promotions refer to contests, sweepstakes, or other promotions offered through the Service.
• Service refers to the Website, information provided during any physical interaction (such as at the Kennesaw State University Exercise Science Physiology Lab), information provided via email, text, or similar electronic platform, or via any other means. Service also specifically includes Your participation in the research study.
• Terms and Conditions (also referred to as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included, or made available by the Service.
• Website refers to Omega-3 Research Study, accessible from www.omega3study.com
• You (and Your) means and refers to the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment, Intention, and Acceptance

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Read all of these Terms before accessing or using our Service. If you do not intend to accept these terms or enter into a legally binding agreement with the Company, you may not use the Service in any form or via any medium.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title, and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Our Service contains the opinions and ideas of its authors and are intended to provide helpful and informative material on the subject matter covered. These opinions and ideas included, but are not limited to blog posts on this Website. None of the authors are engaged or intend to provide or in any way render professional service or provide medical advice. The authors and the Company specifically disclaim any responsibility for any liability, loss, or risk ,personal or otherwise, which is incurred as a consequence, directly or indirectly, of the use and application of any element of the Service.

You also understand and acknowledge that the body of knowledge in the areas covered by the Service including, but not limited to Omega-3 polyunsaturated fatty acids, is continuously evolving. Although the Company will attempt to keep information on this Website and in the provision of the Service current, the Company is under no obligation to do so, and makes no representations or warranties that the information provided by the Company at any time is comprehensive and free from errors or omissions.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

No Professional or Medical Advice; No Doctor-Patient Relationship

The Company is not a healthcare or medical provider. Our Service is provided for general informational purposes only and does not constitute medical advice. The Service is not intended to be relied upon for determining the state of your health or in the diagnosis of any medical conditions and are not, and should not be used as, a substitute for a professional medical evaluation. We advise you to see your physicians on a regular basis and to seek their advice: (I) prior to engaging in any training, fitness, nutrition, or recovery regimen; (ii) if you have any questions or concerns regarding your health; or (iii) if you have an interest in, or require the diagnosis of specific medical conditions.

The Company is not liable or responsible for any consequences of you having read, used, or relied upon any Service. By using any Service, you acknowledge and understand that it may involve or provide information regarding strength, plyometric, flexibility, cardiovascular, endurance, or other exercises, any and all of which can be potentially hazardous. You should consult with your doctor prior to using any Service. If you choose to use any Service, you should be in good health and have no disability, impairment, injury, disease, or ailment that would or will prevent you from engaging in active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result of using such Service, and you hereby assume all risks associated with using such Service. If you experience any pain, difficulty breathing, dizziness, illness, or discomfort when using any Service, stop immediately and consult your physician or seek emergency medical attention.

Our research team members are not healthcare professionals. We do not provide or offer and are not a replacement for, professional medical evaluation, advice, diagnosis, or treatment (“Medical Advice”). You hereby agree that, before using the Service, you will consult your physician or other healthcare provider(s) for Medical Advice, particularly if you are at risk for problems arising from changes in your training and exercise activities, lifestyle, and/or diet.

You further acknowledge that any information that is provided for the consideration of a specific user or person is intended solely for consideration by that individual based on specific user input and circumstances. As a result, any information that is provided in this context is not intended for consideration or use by anyone other than the specific user to whom it was provided.

The Company provides the Service for informational purposes only. While the Company believes that the information provided is current and reliable, the Company cannot and does not make any such guarantee or warranty. The Service is not intended to be used by minors or individuals with health conditions which may increase the risk of adverse conditions or physical outcomes. Furthermore, the Company shall have no obligation or responsibility to monitor your health status or health condition or to contact or alert any medical or emergency professional. Vitalyon shall not be liable to you for your reliance on any information obtained through the use of the Service, and the Company disclaims all liability in connection with such information. This disclaimer shall not extend to damages caused directly and solely by the Company’s gross negligence or willful misconduct.

Governing Law

All of the Terms shall be interpreted, administered and enforced in accordance with the laws of the State of Georgia (exclusive of its conflict of laws rules). Any claim or cause of action of any kind arising out of or connected with these Terms shall be adjudicated solely and exclusively in either the U.S. District Court for the Atlanta District of Georgia or the State Court of Cobb County, Georgia. You and the Company (each a “Party” and collectively the “Parties”) consent to the personal jurisdiction of such courts for this purpose and waive any objection to the personal jurisdiction or venue thereof, including forum non-convenience.  Notwithstanding the foregoing, a judgment obtained in the State of Georgia may be enforced in any other state, district or territory.

Dispute Resolution and Arbitration

If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

In the event that we are not able to resolve a dispute, we each agree that any and all disputes, controversies, or claims (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) arising under or relating in any way to this agreement, to the contractual relationship established by this agreement, or to our Service or Website shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association’s then-existing rules for arbitration of consumer-related disputes (accessible at https://www.adr.org/Rules), except that you may assert individual claims in small claims court if your claims qualify.

You and the Company each expressly waive any right to trial by jury and the right to participate in a class-action lawsuit or class-wide arbitration. Neither you nor the Company shall be permitted or entitled to join or consolidate claims by or against others, or arbitrate or otherwise participate in any claims as a class member or class representative.

The arbitration will be conducted by a single, neutral arbitrator and will take place in Cobb County, Georgia, in the English language. All issues are for the arbitrator to decide, including (but not limited to) issues relating to the scope and enforceability of this agreement to arbitrate and the arbitrability of any dispute between you and the Company. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. At your request, hearings may be conducted in person or by telephone, and the arbitrator may provide for submitting and determining motions on briefs, with or without oral hearings.

For the benefit of the parties, all aspects of the arbitration proceeding, including (but not limited to) the transcripts of the hearing, the transcript of any deposition, and all documents produced or used during the arbitration proceeding, will be strictly confidential.

The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. If a court decides that any provision of this section is invalid or unenforceable, that provision will be severed and the other parts of this paragraph (and the remainder of these terms) will continue to apply, but in no case shall either you or the Company be permitted to participate in a class-action lawsuit or class-wide arbitration.

This arbitration provision is optional. You may decline or opt-out of this agreement to arbitrate by sending written and signed notice to [email protected] within 30 days of your first access to this Website or your formal expression of interest in participating in our study (evidenced by completing the contact form found on this Website), whichever is earliest.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us by email at [email protected]