TERMS AND CONDITIONS OF USE
CONTENT AND TRADEMARKS
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such content, contained on the Site (collectively, "Content") is owned, controlled or licensed by or to Optimum and is protected by trade dress, copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws.
PERMITTED USE OF THE SITE AND CONTENT
You may use information on Optimum's products and services that is purposely made available by Optimum for downloading from the Site, provided that you (i) do not remove any proprietary notice language in all copies of such documents; (ii) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (iii) make no modifications to any such information, and (iv) do not make any additional representations or warranties relating to such information.
VIRUSES, HACKING AND OTHER OFFENSES
You must not misuse the Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or harmful. You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored, or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you may commit a criminal offense. Optimum will report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
Optimum will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or your downloading any material posted on the Site or any third-party website linked to the Site.
From time to time, Optimum may provide interactive services on the Site, including but not limited to chat rooms, bulletin boards, blogs and forums. Optimum disclaims any obligation to oversee, monitor or moderate any interactive services provided on the Site, and in no event shall Optimum be liable for any loss or damage arising from the use of any interactive service by a user in contravention with Optimum's content standards.
If you post any content to the Site, you hereby grant Optimum and its affiliates and licensees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such content and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant the foregoing license without infringing or violating the rights of any third party.
USER CONTENT STANDARDS
The following standards apply to any and all material which you contribute to the Site ("Contributions") and to any associated interactive services:
- Be accurate (when they state facts);
- Be genuinely held (when they state opinions); and
- Comply with applicable laws in the United States of America and in any country from which they are posted.
Contributions must not:
- Contain any material that is defamatory, obscene, offensive, hateful or inflammatory;
- Promote violence or any illegal activity;
- Infringe any copyright, trademark, or other intellectual property right of any other person;
- Be made in breach of any legal duty owed to any other person, such as a contractual or other duty of confidence;
- Abuse or invade another person's privacy or cause annoyance, inconvenience or needless anxiety;
- Be used to impersonate any person or misrepresent your identity or affiliation with any person; or
- Give the impression that they emanate from Optimum, if that is not the case.
Optimum will determine, in its sole discretion, whether there has been a breach of these content standards through your use of the Site. When Optimum determines that a breach has occurred, Optimum may take such action as it deems appropriate, including but not limited to one or more of the following:
- Immediate, temporary or permanent withdrawal of your right to use the Site;
- Immediate, temporary or permanent removal of any Contribution by you;
- Legal proceedings against you for reimbursement of all costs (including but not limited to administrative and legal costs) incurred by Optimum resulting from the breach; and
- Disclosure of such information to law enforcement authorities as Optimum deems reasonably necessary.
In no event shall Optimum be liable for any actions taken in response to any breach of these content standards.
PURCHASES; OTHER TERMS AND CONDITIONS
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 items purchased on the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Optimum's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Optimum may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time without notice. The materials on the Site with respect to products and services may be out of date, and Optimum makes no commitment to update the materials on the Site with respect to such products and services except as required by applicable law.
Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Optimum makes 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 Optimum cannot guarantee that your computer will accurately display such colors.
HEALTH RELATED INFORMATION
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 labels and packaging prior to use. Information available on or through the Site 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 Site, including but not limited to information that may be provided by healthcare or nutrition professionals, for diagnosing or treating a health condition or disease.
ACCOUNTS, PASSWORDS AND SECURITY
Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account. You shall notify Optimum immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Optimum or any other user of or visitor to the Site due to someone else using your account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else's account at any time without the express permission and consent of the holder of that account. Optimum cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information that you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
LINKS TO THE SITE
Optimum prohibits the creation or maintenance of any link from another website to the Site or any portion thereof without Optimum's prior written consent. Similarly, Optimum prohibits the running or displaying of this Site or any Content in frames or through similar means on another website without Optimum's prior written permission. Any permitted links to the Site must comply with all applicable laws, rules and regulations.
LINKS TO OTHER SITES
This Site may contain links to other independent third-party web sites (collectively, "Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Optimum's control, and Optimum is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
OPTIMUM DOES NOT PROMISE THAT THE SITE OR ANY CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OPTIMUM DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SITE AND ANY PRODUCTS OR SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. OPTIMUM FURTHER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.
IN THE EVENT OF ANY PROBLEM WITH THE SITE, YOUR SOLE REMEDY AGAINST OPTIMUM FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. IN THE EVENT OF ANY PROBLEM WITH A PRODUCT OR SERVICE THAT YOU HAVE PURCHASED ON OR THROUGH THE SITE, YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICE IN ACCORDANCE WITH OPTIMUM'S RETURNS AND REFUNDS POLICY. THESE LIMITATIONS OF RELIEF ARE A PART OF THE BARGAIN BETWEEN THE PARTIES.
Optimum reserves the right to do any of the following, at any time, without notice: (i) modify, suspend or terminate operation of or access to the Site or any portion of the Site; (ii) modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (iii) interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
LIMITATION OF LIABILITY
Except where prohibited by law, in no event will Optimum be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Optimum has been advised of the possibility of such damage.
GOVERNING LAW; JURISDICTION
All matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Illinois without regard to conflict of law principles. You consent to the personal jurisdiction by and venue in the state and federal courts located in DuPage County, Illinois, and waive any objection to such jurisdiction or venue.
VOID WHERE PROHIBITED
Optimum administers and operates the Site from its location in Aurora, Illinois USA. Other Optimum sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Optimum reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
FEEDBACK AND INFORMATION
Any feedback you provide at the Site shall be deemed to be non-confidential. Optimum shall be free to use such information on an unrestricted basis. The information contained in the Site is subject to change without notice.
Last Updated: December 13th, 2013