These Terms may change from time to time. Optimum will notify user of any material changes to these Terms by posting a notice on the homepage of the Site for a reasonable period of time after such changes are made that these Terms have been updated, and by changing the "Last Updated" date at the top of this webpage. Optimum encourages user to check this page periodically for any changes. User’s continued use of the Site following the posting of changes to these terms will mean user accepts those changes.
In addition, when using particular services or features or making purchases on the Site, user shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into this Agreement.
II. Not Healthcare Advice or Treatment Advice
This site is not intended to provide medical advice, diagnosis or treatment. The products, information, services and other content provided on and through this Site, including information that may be provided on the Site directly or via linking to third-party sites by a healthcare or nutrition professional, are provided for informational purposes only. Please consult with user’s physician or other healthcare professional (collectively, "Healthcare Professional") regarding any medical or health-related diagnosis or treatment options.
The information provided on this Site and Linked Sites (as defined), including information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. Again, it is not intended as a substitute for advice from user’s Healthcare Professional, or any information contained on or in any product label or packaging.
User should not use the information or services on this Site for diagnosis or treatment of any health issue or for prescription of any medication or other treatment. User should always consult with user’s Healthcare Professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way user reacts to a particular product may be significantly different from the way other people react to such product. User should also consult user’s Healthcare Professional regarding any interactions between any medication user is currently taking and nutritional supplements. Optimum Therapeutic Solutions employees are encouraged to voluntarily participate in our forums including describing their experiences with specific products. Any comments made by employees in these forums or in reviewing products are strictly their own personal views made in their personally capacity. These comments are not claims made by Optimum Therapeutic Solutions nor do they represent the view or position of Optimum Therapeutic Solutions.
IV. Copyright; Trademarks
User acknowledges that all materials on the Site, including the Site's design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, "Materials"), are the property of Optimum Therapeutic Solutions or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in this Agreement are reserved to their respective copyright owners. Except as expressly authorized by this Agreement or on the Site, user may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Optimum Therapeutic Solutions or the respective copyright owner. Optimum Therapeutic Solutions authorizes user to view and download the Materials only for personal, non-commercial use, provided that user keeps intact all copyright and other proprietary notices contained in the original Materials. User may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on this Site (including, without limitation, Optimum Brands, Optimum Hormone Balance, Optimum Therapeutic Solutions and any Marks associated with any products available on the Site) are the sole property of Optimum Brands and/or its suppliers or licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Optimum Brands and/or its suppliers or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of Optimum Therapeutic Solutions and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Optimum Therapeutic Solutions. Optimum Therapeutic Solutions will enforce its intellectual property rights to the fullest extent of the law.
Links on the Site to third party websites are provided only as a convenience to user. If user uses these links, user will leave the Site. Optimum Therapeutic Solutions does not control or endorse any such third party websites. User agrees that Optimum Therapeutic Solutions Parties will not be responsible or liable for any content, goods or services provided on or through these outside websites or for user’s use or inability to use such websites. User will use these links at user’s own risk.
Without limiting the foregoing, user’s correspondence or business dealings with, or participation in promotions of, advertisers found on or through the use of the Site, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between user and such advertiser.
VI. Site Usage; Termination of Usage
User is required to establish an account on this Site in order to take advantage of certain features of this Site. If user provides information on this Site, user agrees to (a) provide true, accurate, current and complete information about user’s self as prompted by the Site, and (b) maintain and promptly update such information to keep it true, accurate, current and complete to the extent the Site facilitates such updates. If user provides any information that is false, inaccurate, outdated or incomplete, or Optimum Therapeutic Solutions has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, Optimum Therapeutic Solutions has the right to suspend or terminate user’s account and prohibit any and all current or future use of the Site (or any portion thereof) by user.
User will create a username and password while completing the account registration process. User is responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under user’s password or account. User agrees to (a) immediately notify Optimum Therapeutic Solutions of any unauthorized use of user’s password or account or any other breach of security, and (b) ensure that user exits from user’s account at the end of each session. User agrees to be responsible for all charges resulting from the use of user’s account on the Site, including charges resulting from unauthorized use of user’s account prior to user’s taking steps to prevent such occurrence by changing user’s password and notifying Optimum Therapeutic Solutions.
User agrees to use this Site only for lawful purposes, and that user is responsible for user’s use of and communications on the Site. User agrees not to post on or transmit through this Site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. User agrees not to use this Site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Site.
User further agrees that user will not access this Site by any means except through the interface provided by Optimum Therapeutic Solutions for access to the Site. Creating or maintaining any link from another website to any page on this Site without the prior written authorization of Optimum Therapeutic Solutions is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another website without the prior written authorization of Optimum Therapeutic Solutions is prohibited. Any permitted links to this Site must comply with all applicable laws, rule and regulations.
Optimum Therapeutic Solutions makes no representation that Materials contained on the Site or products described or offered on the Site are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. User agrees that user will not access this Site from any territory where its contents are illegal, and that user, and not Optimum Therapeutic Solutions Parties, are responsible for compliance with applicable local laws.
User agrees that Optimum Therapeutic Solutions may terminate or suspend user’s access to all or part of this Site, without notice, for any conduct that Optimum Therapeutic Solutions, in its sole discretion, believes is in violation of this Agreement or any applicable law or is harmful to the interests of another user or Optimum Therapeutic Solutions Parties.
Sections IV, VII through XII and XIV shall survive any termination of this Agreement.
XII. User Content and Conduct
Where applicable at the Site, user is invited to post user’s own content ("User Content"). Please note that this Site is intended for adult use; if user is under the age of 13, do not submit any User Content to this Site.
User understands that all User Content, whether user has publicly posted on a forum or privately transmitted to another Site user or to us, is user’s sole responsibility. Though the Site is designed to be a safe place to share such User Content, Optimum Therapeutic Solutions cannot guarantee that other users will not misuse the User Content that user shares. If user has any User Content that user would like to keep confidential and/or do not want others to use, do not post it to the Site.
By posting any User Content at the Site, user hereby grants Optimum Therapeutic Solutions a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. User specifically waives any "moral rights" in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to user’s User Content. User represent and warrant that: user owns the User Content posted by user on or through the Site or otherwise have the right to grant the license set forth in this Section 10; and the posting of user’s User Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. User agrees to pay for all royalties, fees, and any other monies owing any person by reason of any User Content user posted to or through the Site.
User acknowledges and agree that Optimum Therapeutic Solutions may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce this Agreement; respond to claims that any User Content violates the rights of third-parties; or protect the rights, property, or personal safety of Optimum Therapeutic Solutions, its users and the public. User understands that the technical processing and transmission of the Site, including user’s User Content, may involve: transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
User agrees to each of the conditions in this Agreement and further agree that each of these conditions applies forever and broadly with regard to Optimum Therapeutic Solutions worldwide. Posting of User Content to or through the Site, including ideas or disclosures of opinions, is voluntary on user’s part. No confidential or contractual relationship is established by user’s posting of User Content or is to be implied by our review or subsequent use of user’s User Content. Optimum Therapeutic Solutions shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), user post to or through the Site. OPTIMUM THERAPEUTIC SOLUTIONS SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT IT MAY RECEIVE FROM USER AT OR THROUGH THE SITE, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO USER AS PROVIDER OF THE USER CONTENT
User agrees that user will not use the Site to:
Optimum will terminate the account and/or block Site users who repeatedly violate the intellectual property rights of any other person on this Site.
User understands that by using the Site, user may be exposed to User Content created by others that is offensive, indecent or objectionable. Optimum Therapeutic Solutions does not endorse or have control over the User Content. User Content is not reviewed by Optimum Therapeutic Solutions prior to posting and does not reflect the opinions or policies of Optimum Therapeutic Solutions. Optimum Therapeutic Solutions makes no representations or warranties, express or implied as to the User Content or the accuracy and reliability of the User Content or any other material or information that user may access through the Site. Optimum Therapeutic Solutions assumes no responsibility for monitoring the Site for inappropriate submissions or conduct. If at any time Optimum Therapeutic Solutions chooses, in its sole discretion, to monitor the Site, Optimum Therapeutic Solutions nonetheless assumes no responsibility for the User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of the Site users submitting any such User Content. Notwithstanding the foregoing, Optimum Therapeutic Solutions and its designees shall have the right to remove any User Content that violates this Agreement or is otherwise objectionable, in Optimum Therapeutic Solutions’ sole discretion. User agrees that user must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, user acknowledges that user may not rely on any User Content.
User is solely responsible for user’s interactions with other Site users. Optimum Therapeutic Solutions reserves the right, but has no obligation, to monitor disputes between user and other Site users and to terminate user’s Site access, in its sole discretion.
VIII. Applicable Law; Jurisdiction; Dispute Resolution
This Agreement shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal laws, and the laws of the State of Texas in the United States, without regard to its choice of law provisions.
IX. Severability; Interpretation
If any provision of this Agreement is deemed illegal or unenforceable, the remainder of this Agreement shall continue to be fully valid, binding, and enforceable. When used in this Agreement, the term "including" shall be deemed to be followed by the words "without limitation."
The failure of Optimum Therapeutic Solutions and Parties to this agreement to require strict compliance to specific terms of this Agreement shall not constitute a waiver of such terms and shall not be considered a waiver or limit that party's right to require strict compliance to that term or any other term of this Agreement in the event there are more than one.
Optimum respects the intellectual property rights of others and require that Site users do the same. If user believes that user’s proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to Optimum Therapeutic Solutions.
Optimum Therapeutic Solutions
6420 N. MacArthur Blvd, #100
Irving, TX 75039
XII. Entire Agreement
This Agreement constitutes the entire and only Agreement between Optimum Therapeutic Solutions and each user of this Site with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.
XIII. Contact Information
For comments or questions regarding this Agreement, or if user are aware of any violation of this Agreement, please contact us. Optimum will address reported issues on a case by case basis.