PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. ALL USERS OF THIS SITE AGREE THAT ACCESS TO AND USE OF THIS SITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AND OTHER APPLICABLE LAW.
Welcome to OptimizeYou! The OptimizeYou Terms and Conditions (“Terms and Conditions”) contained herein on this website shall govern your use of this website, including all pages, content, webinars and any information within the OptimizeYou Website (collectively referred to herein as the “Website”).
By using the OptimizeYou Website, you expressly accept all Terms and Conditions contained herein in full. You may not use this Website if you have any objection to any of these Terms and Conditions. Optimize You reserves the right to revise these Terms and Conditions at any time.
OPTIMIZEYOU SERVICE AGREEMENT
OptimizeYou Website is an online wellness forum that provides online courses and other wellness educational content (the “Services”). The Services are for educational and informational purposes only.
WEBSITE AND SERVICES ARE NOT MEDICAL ADVICE
The website and services, provided through the OptimizeYou’s website are not medical advice and may not be relied upon or substituted as medical advice. You must always seek the advice of your physician or another qualified health provider with any questions, concerns or advice regarding your physical or mental health. No information on this website or in the online courses should be used to diagnose, treat, prevent or cure any disease or condition. No patient/provider relationship is established by the use of this Website. OptimizeYou, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You must always seek the advice of your physician or another qualified healthcare provider regarding your medical decisions. You alone are responsible and accountable for your decisions, actions, and results in life, and by your use of our website and online course, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstances.
USING THE WEBSITE
You may use the Website and Services, ie online course, only if you can legally form a binding contract with OptimizeYou, and only in compliance with these Terms and Conditions and applicable laws.
You must be 18 years of age or older to use the Services on the Website.
Our online courses or website content may occasionally contain explicit language & mature content. Users who are not comfortable with such topics or language should not use our site or online courses.
Nothing on our website, services, online courses, or any of our content or curriculum is a promise or guarantee of results. We do not offer any medical, psychological, legal, tax or other professional advice, The content on our website and online courses are for educational purposes only. Making decisions based on any information presented in our online course and website should be done only with the knowledge that you could experience risk or losses just like any endeavor in your life. Use caution and always consult your doctor, accountant, lawyer or professional advisor before acting on this or any information related to a lifestyle change. You alone are responsible and accountable for your decisions, actions, and results in life, and by your registration here you agree not to attempt to hold us liable for your decisions, actions or results, at any time, under any circumstances.
Subject to these Terms and Conditions, we grant you a limited, non-exclusive, non-transferable and revocable license to use the Services, online courses.
This limited license does not include any resale or commercial use of this Website or its Services, any derivative use of this Website or its Services; or any downloading or copying of information unless specifically authorized by OptimizeYou.
COPYRIGHT AND INTELLECTUAL PROPERTY OWNERSHIP
All information, online courses, materials, images, software, photographs, articles, functions, text, video and other content (collectively, the “Content”) contained on or offered through the Website and online courses and all copyrights, trademarks, and other intellectual property rights in or relating to the Content are the sole property of OptimizeYou, its licensors or content providers or other third parties. The Website and all of its Content and the selection and arrangement thereof is protected as a compilation owned by OptimizeYou under the copyright laws of the United States and other countries. OptimizeYou may change the Website or delete any Content or features or Services at any time, in any way, for any or no reason.
Unless otherwise noted, OptimizeYou and all other trademarks, service marks, trade names, and logos displayed on the Website are the trademarks, service marks, trade names, and logos of OptimizeYou. All other trademarks, logos and service marks are the property of their respective owners. Nothing on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, trade name, logo or service mark displayed on the Website without the owner’s prior written permission. Unauthorized use of OptimizeYou and all other trademarks, service marks, trade names, and logos displayed on the Website is strictly prohibited.
Users of our website hereby understand that online courses, tools, strategies, materials, and information presented on the website are copyrighted and proprietary, so users agree not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our website or online courses proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and OptimizeYou will pursue legal action and full damages if these terms are violated in order to protect its rights.
THIRD-PARTY LINKS, SITES, AND SERVICES
The website may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by OptimizeYou. We don’t endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from the Website, you do so at your own risk and you agree that OptimizeYou has no liability arising from your use of or access to any third party website, service, or content.
The Website, Services and online courses provided on the Website are provided on an “as is” basis without warranty of any kind, whether expressed or implied. OptimizeYou specifically disclaims any and all warranties, including but not limited to implied effectiveness of the ideas or success of the strategies included in our online courses or on or website. Furthermore, we disclaim conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of online course dealing or usage of trade. OptimizeYou takes no responsibility and assumes no liability for any user content that you or any other person or third party posts or sends using our service.
Neither we nor any of our respective licensors or suppliers warrant that any functions contained in the website will be uninterrupted or error-free, that defects will be corrected, or that the website or the server that makes them available are free of viruses or other harmful components. Neither we nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the services, products, information or materials on the website in terms of their correctness, accuracy, reliability, or otherwise.
You (and not we or any of our respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or corrections to your system. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We do not endorse, warrant or guarantee any speakers, products or services offered on the websites or those we link to. We are not a party to and do not monitor, any transaction between users and third-party providers of products or services.
ONLINE COURSES AND INFORMATION
The online courses and information, listed on our website are subject to change without notification.
We welcome your comments on social media and on our website, however, we will not consider any unsolicited creative submissions or suggestions for topics for our online courses or within our newsletters or products. We hope you will understand that this policy is intended to avoid the possibility of future misunderstandings in the event that ideas developed by our staff might seem to be similar to the ideas submitted to us, by you. Please do not send us any original creative ideas or materials. If despite our request for you to not send us any suggestion or material submission, it will become our property. We will not be subject to any obligation of confidence for any submission, and we will not be liable for any use or disclosure of any submission. In the case that you submit something to us and it is unsolicited, we will exclusively own all rights to the submission worldwide, and we will be entitled to the unrestricted use of the submission for any purpose, without compensation or notification to the provider of the submission. Given this fact, we ask that you refrain from submitting creative ideas to us, particularly those that are confidential or personal to you.
A “forum” means any message board, chat room, user review forum or other interactive service appearing on any of the Sites and includes both public boards and private folders. You must register in accordance with instructions that you will find on the Sites in order to contribute to any forum. You may not post on any forum, or send to any other forum user or our staff, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person’s privacy, violates any intellectual or other property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post or transmit any information, software or other material that contains a virus or other harmful component. We are not responsible for material appearing in any forum on the Sites, except for material signed by one of our identified representatives. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings. By posting on the website, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you warrant that any “moral rights” in posted materials have been waived. You are not entitled to any compensation for any materials you may post on the website.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPTIMIZEYOU SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER TANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, ONLINE COURSE OR WEBSITE, (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS. IN NO EVENT SHALL OPTIMIZE YOU’S AGGREGATE LIABILITY FOR CLAIMS RELATING TO THE SERVICES, ONLINE COURSES, OR WEBSITE, EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100).
The Terms and Conditions shall be governed by the laws of the State of Oregon, without respect to its conflict of laws principles.
We want you to be happy with your online course purchase so we offer a full refund minus a cancellation fee at any time prior to 14 days. If for some reason you wish to withdraw from the program, you may request a full refund of payment made to date minus a $50 cancellation fee by sending an email stating the reasons you are not satisfied to firstname.lastname@example.org
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