PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB
SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT
ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
Products, Content and Specifications. All features, content, specifications,
products and prices of products and services described or depicted on this Web Site, are subject
to change at any time without notice. Certain weights, measures and similar descriptions are
approximate and are provided for convenience purposes only. N3 Oceanic, Inc., which operates
this Web Site, makes all reasonable efforts to accurately display the attributes of products,
including the applicable colors; however, the actual color you see will depend on your computer
system, and we cannot guarantee that your computer will accurately display such colors. The
inclusion of any products or services on this Web Site at a particular time does not imply or
warrant that these products or services will be available at any time. It is your responsibility
to ascertain and obey all applicable local, state, federal and international laws (including
minimum age requirements) in regard to the possession, use and sale of any item purchased from
this Web Site. By placing an order, you represent that the products ordered will be used only in
a lawful manner. By submitting your order you agree to receive communications (order
confirmation and shipment tracking) and special offers from N3 Oceanic, Inc. the makers of the
Res-Q nutritional supplements and owners of res-q.life health survey.
Consent to Contact You agree that we may contact you using your contact
information listed in our records, including your email address and telephone number(s). You
authorize N3 Oceanic and agents performing services on our behalf to contact you using any phone
number(s) (including any wireless, mobile or VOIP number) and email or physical addresses you
have previously provided or that you may subsequently provide. Additionally, you expressly
consent to receive autodialed or prerecorded calls, texts messages and electronic
correspondence.
Do Not Contact You my request to not be contacted by contacting customer service
at:
By Mailing: N3 Oceanic, Inc.; 404 Main St.; Pennsburg, PA 18073
By Phone: 1-800-262-5483 (M-F 9a-8p ET, Sat & Sun 8a-5p ET)
By Email: service@res-q.life
Mobile SMS Mobile SMS You agree to be sent mobile SMS messages; including but
not limited, to your recommendations as well as reoccurring marketing messages. In addition, you
will be sent a double opt-in message to the number provided. Upon completing your double opt-in,
you will be set any cart abandonment SMS messages within 48 hours of cart creation. You may
opt-out anytime by replying “STOP” to 888-355-2417 or reply “HELP” for support. Message and data
rates may apply. Your telephone number is covered by our privacy policy.
Shipping Limitations. When an order is placed, it will be shipping to an address
designated by the purchaser as long as that shipping address is compliant with the shipping
restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a
shipment contract. As a result, risk of loss and title for items purchased from this Web Site
pass to you upon delivery of the items to the carrier. You are responsible for filing any claims
with carriers for damaged and/or lost shipments.
60-Day Monday-Back Guarantee. Your purchase is 100% protected by our 60-Day
Money-Back Guarantee. If you are not completely satisfied with the results we will refund your
money, no questions asked. We want you to be happy with your order! If you are unsatisfied in
any way, you may return any unopened product within 60 days of purchase for a full refund of the
product price minus shipping fees. When returning your order, be sure to call us or complete the
return form on the packing slip that accompanied your shipment and enclose the form with your
return.
Accuracy of Information. We attempt to ensure that information on this Web Site
is complete, accurate and current. Despite our efforts, the information on this Web Site may
occasionally be inaccurate, incomplete or out of date. We may make changes in information about
price and availability without notice. While it is our practice to confirm orders by email, the
receipt of an email order confirmation does not constitute our acceptance of an order or our
confirmation of an offer to sell a product or service. We reserve the right, without prior
notice, to limit the order quantity on any product or service and/or to refuse service to any
customer. We also may require verification of information prior to the acceptance and/or
shipment of any order.
Use of this Web Site. The design of this Web Site and all text, graphics,
information, content, and other material displayed on or that can be downloaded from this Web
Site are protected by copyright, trademark and other laws and may not be used except as
permitted in these Terms and Conditions or with prior written permission of the owner of such
material. The contents of this Web Site are owned and copyrighted by N3 Oceanic. Inc. All rights
reserved. You may not modify the information or materials displayed on or that can be downloaded
from this Web Site in any way or reproduce or publicly display, perform, or distribute or
otherwise use any such information or materials for any public or commercial purpose. Any
unauthorized use of any such information or materials may violate copyright laws, trademark
laws, laws of privacy and publicity, and other laws and regulations.
Trademarks. Certain trademarks, trade names, service marks and logos used or
displayed on this Web Site are registered and unregistered trademarks, trade names and service
marks of N3 Oceanic, Inc. and its affiliates. Other trademarks, trade names and service marks
used or displayed on this Web Site are the registered and unregistered trademarks, trade names
and service marks of their respective owners. Nothing contained on this Web Site grants or
should be construed as granting, by implication, estoppel, or otherwise, any license or right to
use any trademarks, trade names, service marks or logos displayed on this Web Site without the
written permission of N3 Oceanic, Inc. or such other owner.
Linking to this Web Site. Creating or maintaining any link from another Web site
to any page on this Web Site without our prior written permission is prohibited. Running or
displaying this Web Site or any information or material displayed on this Web Site in frames or
through similar means on another Web site without our prior written permission is prohibited.
Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.
Third Party Links. From time to time, this Web Site may contain links to Web
sites that are not owned, operated or controlled by N3 Oceanic, Inc. All such links are provided
solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we
nor any of our respective affiliates are responsible for any content, materials or other
information located on or accessible from any other Web site. Neither we nor any of our
respective affiliates endorse, guarantee, or make any representations or warranties regarding
any other Web sites, or any content, materials or other information located or accessible from
any other Web sites, or the results that you may obtain from using any other Web sites. If you
decide to access any other Web sites linked to or from this Web Site, you do so entirely at your
own risk.
User Information. Other than personally identifiable information, which is
subject to this Web Site's Privacy Statement, any material, information, suggestions, ideas,
concepts, know-how, techniques, questions, comments or other communication you transmit or post
to this Web Site in any manner ("User Communications") is and will be considered
non-confidential and non-proprietary. Personally identifiable information that you voluntarily
post on any part of this Web Site that is viewable by the public (e.g., in the Customer Reviews
section or Forums) is not subject to this Web Site's Privacy Statement and is considered User
Communications. We and our respective affiliates and our or their designees may use any or all
User Communications for any purpose whatsoever, including, without limitation, reproduction,
transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in
any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not
obligated to, monitor or review any User Communications. We will have no obligation to use,
return, review, or respond to any User Communications. We will have no liability related to the
content of any such User Communications, whether or not arising under the laws of copyright,
libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User
Communications that includes any material we deem inappropriate or unacceptable.
DISCLAIMERS. YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS
AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF
ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER N3 OCEANIC, INC. OR ANY OF ITS RESPECTIVE
AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES
PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR
THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER N3 OCEANIC, INC. NOR ANY OF ITS RESPECTIVE
AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR
SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED
BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. ALL PRODUCTS AND SERVICES
PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR
RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE
BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED
ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY
EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL
WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE
WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN
THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS
OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL
LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATIONS OF LIABILITY. Neither N3 Oceanic, Inc. or any of its affiliates,
assumes any responsibility, or will be liable, for any damages to, or any viruses that may
infect, your computer, telecommunication equipment, or other property caused by or arising from
your access to, use of, or browsing this Web Site, or your downloading of any information or
materials from this Web Site. IN NO EVENT WILL N3 OCEANIC, INC. OR ITS AFFILIATES, OR ANY OF
THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR
ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE
LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST
DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE
OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR
SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR
ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO
YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY
CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY
PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU
AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF
SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A
RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS
POLICIES POSTED ON THIS WEB SITE.
Revisions to these Terms and Conditions. These Terms and Conditions may be
revised at any time and from time to time by updating this posting. You should visit this page
from time to time to review the then current Terms and Conditions because they are binding on
you. Certain provisions of these Terms and Conditions may be superseded by legal notices or
terms located on particular pages of this Web Site.
Choice of Law; Jurisdiction. These Terms and Conditions supersede any other
agreement between you and N3 Oceanic, Inc., to the extent necessary to resolve any inconsistency
or ambiguity between them. These Terms and Conditions will be governed by and construed in
accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any
principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or
relating to this Web Site will be brought only in the federal or state courts of the
Commonwealth of Pennsylvania. A printed version of these Terms and Conditions will be admissible
in judicial and administrative proceedings based upon or relating to these Terms and Conditions
to the same extent and subject to the same conditions as other business documents and records
originally generated and maintained in printed form.
Termination. You or we may suspend or terminate your account or your use of this
Web Site at any time, for any reason or for no reason. You are personally liable for any orders
placed or charges incurred through your account prior to termination. We reserve the right to
change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
Health Related Information. The information contained in the Web Site is
provided for informational purposes only and is not meant to substitute for the advice provided
by your doctor or other health care professional. You should not use the information available
on or through the Web Site (including, but not limited to, information that may be provided on
the Web Site by healthcare or nutrition professionals employed by or contracting with N3
Oceanic, Inc.) for diagnosing or treating a health problem or disease, or prescribing any
medication. Information and statements regarding dietary supplements have not been evaluated by
the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any
disease. You should read carefully all product packaging prior to use.
Indemnity. You agree to indemnify and hold N3 Oceanic, Inc., affiliates (and
their franchisees and licensees), and subsidiaries, officers, directors, employees, successors
and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of your use of our Web Site, your connection to our Web
Site, your violation of these Terms and Conditions, or your violation of any rights of another
party. This indemnity survives termination of these Terms and Conditions.
Domestic Use; Export Restriction. We control the Web Site from our offices
within the United States of America. We make no representation that the Web Site or its content
(including, without limitation, any products or services available on or through the Web Site)
are appropriate or available for use in other locations. Users who access the Web Site from
outside the United States of America do so on their own initiative and must bear all
responsibility for compliance with local laws, if applicable. Further, the United States export
control laws prohibit the export of certain technical data and software to certain territories.
No content from the Web Site may be downloaded in violation of United States law.
General. Our failure to exercise or enforce any right or provision of these
Terms and Conditions shall not constitute a waiver of such right or provision by us. If any
provision of these Terms and Conditions is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of our Terms and
Conditions remain in full force and effect. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use of the Web Site or
our Terms and Conditions must be filed within one (1) year after such claim or cause of action
arose or be forever barred.