Terms and Conditions
1. BINDING EFFECT. This is a binding legal agreement. By using this website (the “Site”) or ordering a product (“Product” or “Products”), you agree to abide by these Terms and Conditions, as they may be amended by Optimize Yourself (“Optimize Yourself”, “our”, “we”, “us”) from time-to-time. YOU AGREE THAT BY USING THE WEBSITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
By agreeing to these Terms and Conditions, you expressly agree to mandatory arbitration to resolve any legal claims against us and waive your right to pursue a jury trial or participate in a class action lawsuit filed against us. Learn more below in paragraph 7.
2. NO MEDICAL ADVICE. You will find health, fitness and nutritional information on Optimize Yourself. We provide this information for educational purposes. The information may or may not be appropriate for your specific situation and health status. Do not rely on this information as a substitute for professional medical advice. You should always consult with a physician before starting any new fitness or nutritional regimen. The use of any information provided on this site is solely at your own risk.
4. USER LICENSE. Should you purchase a Product from us, Optimize Yourself grants you a limited, non-exclusive, personal, non-transferable license to view and perform all or part of the Product. You understand and agree you have no right to modify, edit, create derivative works from, distribute, sell, rent, share, or republish any information or Product provided on Optimize Yourself without our express consent.
5. OUTCOMES. You understand and agree that the information and Products provided by Optimize Yourself are not guaranteed to produce a specific result. As with any nutrition and exercise regimen, the outcome is reliant upon the time and effort you put into the program.
6. REFUNDS. Optimize Yourself offers a 30 day refund period on any Product you purchase through the Site. Contact us with all requests for refunds.
7. ARBITRATION AGREEMENT. In agreeing to be bound by these Terms and Conditions, you agree that any and all legal claims or disputes arising between you and Optimize Yourself shall be resolved exclusively through mandatory, final, binding arbitration. This agreement to arbitrate shall be governed by the Federal Arbitration Act.
(a) Waiver of Jury Trial and Class Actions – You and Optimize Yourself agree to waive the right to a jury trial or to participate as a class member in a class action lawsuit or consolidated class action arbitration proceeding.
(b) Arbitrator – The parties agree the American Arbitration Association (“AAA”) shall conduct any arbitration involving a legal claim or dispute between them under its consumer rules as modified by these Terms and Conditions. You may view these rules at www.adr.org.
(c) Law and Location – The parties agree these Terms and Conditions shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to rules regarding conflicts of law. The place of arbitration shall be in the County of Los Angeles, California, United States.
(d) Notice – A party who intends to seek arbitration must first send to the other, a Notice of Dispute (“Notice”). Your notice should include the following information:
• Your name,
• Your email and phone number,
• Your physical mailing address,
• The nature of the dispute with us,
• Any supporting documentation, and
• The relief you are seeking.
Notice should be sent to us via the Contact function on the Site. We will review the Notice within 30 days. If 30 days passes from the date of receipt without resolution, either party may move forward with arbitration.
(e) Attorney’s Fees – The parties agree they shall be responsible for their own attorneys’ fees and shall equally share the cost of arbitration.
(f) Alternative Forum – Should a court of competent jurisdiction or arbitrator rule this arbitration clause invalid, the parties agree these Terms and Conditions shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to rules regarding conflicts of law and you hereby irrevocably consent as a choice of forum to the state and federal courts, as appropriate, in Los Angeles County, California, in all disputes arising out of or related to the use of the Site or Products.
8. COMMUNICATION. When you contact us, signup to receive a newsletter or purchase a Product on the Site, you consent to receive communications from us electronically. You agree that any such communication via email shall constitute legal written communication in compliance with any and all legal notice requirements.
9. USER CONTENT. By posting, uploading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site, you grant Optimize Yourself, its affiliates, officers, directors, employees, consultants, agents, and representatives a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to use User Content in connection with your order, the Internet business of Optimize Yourself, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
10. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
11. INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that is libelous, defamatory, obscene, pornographic, abusive, or threatening.
12. ALLEGED VIOLATIONS. Optimize Yourself reserves the right to terminate your use of the Site. To ensure that Optimize Yourself provides a high quality experience for you and for other users of the Site, you agree that Optimize Yourself or its representatives may access your account, records and user-generated content on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site. Optimize Yourself may disclose any investigation to third parties in its discretion or under legal compulsion. Optimize Yourself reserves the right to terminate your account or order immediately without liability to you, if we believe you violated any of the Terms and Conditions, furnished us with false or misleading information, or interfered with the use of the Site by others.
13. NO WARRANTIES. OPTIMIZE YOURSELF HEREBY DISCLAIMS ALL WARRANTIES. OPTIMIZE YOURSELF IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPTIMIZE YOURSELF EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. OPTIMIZE YOURSELF DOES NOT WARRANT THAT THE SITE OR THE PRODUCTS OFFERED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE.
14. LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, EMOTIONAL DISTRESS, BODILY INJURY, LOSS OF EARNINGS, MEDICAL BILLINGS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR PRODUCTS AVAILABLE THROUGH THE SITE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. THE PARTIES AGREE THE EXTENT OF ANY MONETARY AWARD SHALL BE LIMITED TO THREE TIMES THE AMOUNT YOU PAY IN CONSIDERATION TO OPTIMIZE YOURSELF FOR THE ORDER FROM WHICH THE LEGAL DISPUTE IN QUESTION ARISES.
15. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.
16. SITE TERMINATION. Optimize Yourself reserves the right to no longer make available all or part of the Site or any Product offered through the Site at any time in its sole discretion.
17. FEEDBACK AND BUGS. All past, existing or future improvements, designs, copyright, processes, know-how or other intellectual property (“Intellectual Property”) in the Site or Products are owned by or licensed by us, remain our property and you acknowledge that you have no right, title or interest in or claim to the Intellectual Property. You acknowledge that any improvements to the Intellectual Property discovered or suggested by you pursuant to your use of the Site or Products is our property and you will advise us as soon as possible, assign any such improvements to us, and agree to take any reasonable steps we request to establish a record of the assignment of the Intellectual Property for up to five (5) years after your communication. We will have the sole right to apply for and obtain any copyright protection for such improvements.
18. AFFILIATED SITES. Optimize Yourself has no control over, and assumes no liability for any third party websites or materials. Optimize Yourself works with a number of partners and affiliates whose Internet sites may be linked within the Site. Because Optimize Yourself has no control over the content and performance of these partner and affiliate sites, Optimize Yourself makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Optimize Yourself assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) owned by third parties. You acknowledge and agree that Optimize Yourself makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and, unless expressly provided otherwise, these Terms and Conditions shall govern your use of any and all third party content.
19. PROHIBITED USES. Optimize Yourself imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site , overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; (e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Optimize Yourself; or (f) automatically or manually scraping or copying the content from the Site or a Product without our consent. Any violation may subject you to civil and/or criminal liability.
20. INDEMNITY. You agree to indemnify, defend, and hold harmless Optimize Yourself, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site or Product, your violation of these Terms and Conditions, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Optimize Yourself will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
21. COPYRIGHT. All contents, excluding user generated content, are: Copyright © 2016 Optimize Yourself. All rights reserved.
22. SEVERABILITY; WAIVER. If a court of competent jurisdiction finds any term or condition in these Terms and Conditions to be unenforceable, all other Terms and Conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms and Conditions shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
23. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Optimize Yourself or by any third party.
24. MODIFICATIONS. Optimize Yourself may, in its sole discretion, (a) amend these Terms and Conditions; (b) amend the Site and/or the Products; and (c) discontinue the Site and/or Products at any time. Optimize Yourself shall post notice of any amendment to these Terms and Conditions on the Site by posting a notification on the site available to you prior to placing an order. Your decision to move forward with an order and check a box agreeing to the terms shall constitute your acceptance of any then relevant amendments to this document. You may choose to reject the amendments by refusing to proceed with your order.