terms of use
Please Read Carefully.
Last Updated: 7/11/18
The online store that BE OPTIMAL (hereinafter “Company,” “we,” “our,” and “us”) provides to you is subject to the terms and conditions set forth herein (“Terms of Use”), which governs your access to and use of our products, information, services, and/or website (the “Site”). This Terms of Use applies to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
By using our Site, you are agreeing with this Terms of Use and entering into a legally binding contract with Company. If you do not accept this Terms of Use, now or in the future, please stop your use of the Site immediately, in which case any continuing access and/or use of our Site is unauthorized.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION.
CHANGES TO TERMS
Company may, at any time, for any reason, make changes to the Site and/or modify this Terms of Use in its sole discretion. Company may make such changes and/or modifications to the terms and conditions contained herein and your continued use of the Site following changes and/or modifications will constitute your acceptance of such changes and/or modifications. Company will provide a notice of such changes by posting the updated Terms of Use on the Site and changing the ‘Last Updated’ date listed above. We may also provide you additional forms of notice of modifications and/or updates as appropriate under the circumstances. If you do not agree to the changes and/or modifications, you shall not use the Site after the effective date of the changes. Please revisit the Terms of Use regularly to ensure that you stay informed of any changes.
SCOPE OF USE
Use of Site and Availability. Company retains the right, in our sole discretion, to deny service and/or access to and/or use of the Site to anyone at any time and for any reason. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time. You understand and agree that there may be interruptions to the Site due to circumstances both within Company ’s control (e.g., routine maintenance) and outside of Company’s control. You acknowledge and agree that use of the Site is at your own risk, including without limitation the risk that you might be exposed to content that is offensive, indecent, inaccurate, and/or objectionable. The Site may be modified, updated, suspended or discontinued at any time without notice and/or liability.
Communications from Company. By using our Site and supplying us with information, you agree to receive certain communications in connection with the Site. For example, you might receive comments, promotions, events and/or features. When you access and/or use the Site, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by e-mail and/or by posting notices on the Site. You agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Your Responsibilities. You may not use our products and/or Site for any illegal and/or unauthorized purpose and/or to violate any federal, state or international laws in your jurisdiction (including but not limited to copyright laws), code of conduct and/or other guidelines which may be applicable to the Site and/or products provided. You must not transmit any emails and/or materials through the Site that contain a Trojan horse and/or any other harmful component, any worms and/or viruses or any code of a destructive nature. You may not access all or any part of the service and/or Site in order to build a product or service which competes with the service and/or Site. You shall not obtain or attempt to obtain any data through any means from the Site, except if we intend to provide and/or make it available to you. You are responsible for the accuracy and quality of the data and content that you submit and further agree not to provide fraudulent reviews. You will not attempt to do any of the following: access data not intended for you, monitoring the Site for data gathering purposes in an effort to track sales, usage, aggregate, pricing and/or similar information, and/or interfere with the Site to any user in any manner. A breach and/or violation of any of this Terms of Use will result in an immediate termination of your access to our products and/or Site.
General Conditions. We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks and/or devices. Credit card information is encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell and/or exploit any portion of the Site, use of the product, and/or access to the service and/or any contact on the Site through which the product is provided, without express written permission by us.
Information Accuracy. Occasionally there may be information on the Site that contain typographical errors, inaccuracies, and/or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete and/or more timely sources of information. Any reliance on the material on this Site is at your own risk. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, and/or omissions; and/or (iii) make changes to prices, content, promotion offers, product descriptions, specifications, and/or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend, and/or terminate an event, and/or promotion at any time without notice (including after an order has been submitted and/or acknowledged). You agree that it is your responsibility to monitor changes to our Site.
PRODUCTS AND PURCHASES
General. We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. Certain products may be available exclusively online through the Site. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of Company. Any offer for any product or service made on this Site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Site will be corrected. Company may, in its sole discretion, verify a user’s identity prior to processing a purchase. We may also refuse to process, and/or may cancel a purchase, as reasonably deemed necessary, to comply with applicable law and/or to respond to a case of misrepresentation, fraud and/or known and/or potential violations of the law and/or this Terms of Use. We shall not be liable to you or to any third-party for any modification, price change, suspension and/or discontinuance of the Site.
Additional Rules for Purchases. When purchasing an item, you acknowledge and agree that (a) you are responsible for reading the full item listing and any related descriptions before making a commitment to buy; (b) you enter into a legally binding agreement to buy an item when you click “confirm purchase”; and (c) you agree to abide by the procedures and guidelines for conducting and participating in transactions through the Site including but not limited to this Terms of Use.
Taxes. Each state’s tax laws specify what purchases are subject to sales tax. You acknowledge that you will have sole responsibility for all taxes, duties and other fees and charges relating to such order and you agree to pay all applicable amounts.
Accuracy of Billing Information. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SERVICE USE OUTSIDE DEFINED AREA
The Site is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Site and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Site. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with applicable local laws.
PROPRIETARY RIGHTS AND LICENSES
Ownership. The Site, any content on the Site and the infrastructure used to provide the Site are proprietary to Company, our affiliates, merchants and other content providers. By using the Site and accepting this Terms of Use: (a) Company grants you a limited, personal, nontransferable, nonexclusive, revocable right to access and use the Site pursuant to this Terms of Use and to any additional terms and policies set forth by Company ; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell and/or re-sell any content, software, products and/or services obtained from and/or through the Site without the express permission of Company .
Reservation of Rights. The materials and content on this Site (“Content”), as well as the organization and layout of the Site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. Company owns, controls, lawfully uses and/or licenses the Content on the Site. Company’s name and logo may not be copied, imitated and/or used, without Company’s prior written permission. Subject to the limited rights expressly granted hereunder, Company and/or its third party providers reserve all right, title and interest in and to the services and content, including all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
Feedback. Please keep in mind that we do not seek any unsolicited ideas and/or materials for the Site. If you provide us (in a direct mail, email and/or otherwise) with any feedback, suggestions, improvements, enhancements, recommendations and/or feature requests relating to the Site (“Feedback”), then you further grant to Company a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any such Feedback. Company has no obligations to review any Feedback and may use and redistribute Feedback for any purpose without restriction in its sole and absolute discretion.
TERMINATION
If you violate or if we have grounds to suspect that you violated our Terms of Use and/or other use parameters included on the Site, we may refuse access to and/or use of the Site (or any portion thereof). Company also reserves the right, in its sole discretion, to terminate your access to the Site or any portion thereof at any time, without cause and/or without notice. In the event you misuse the Site by any means actionable under a federal, state, and/or local statute, code, regulation, law, and/or civil action, Company will consider the your access as having been acquired by fraud and/or misrepresentation and will terminate your access immediately. In such event, Company retains the right to seek civil and/or criminal redress, the entire cost of which shall be borne solely by the user.
INDEMNIFICATION AND WAIVER
You shall indemnify, defend and hold harmless Company, its officers, agents, employees, contractors, subcontractors, suppliers and representatives from and against any and all claims, demands, proceedings, losses, costs, damages, awards, fees, expenses, or liabilities of any nature (“Claim”) arising out of and/or in relation to (i) any offerings or products purchased by you through the Site, including but not limited to the payment of any taxes associated therewith; (ii) your violation of any law and/or the rights of a third party (iii) your use of the Site, products, content and/or any breach of this Terms of Use by you, your officers, agents, employees, contractors and/or (iv) fraud you commit and/or your intentional misconduct and/or negligence. You shall give prompt notice to Company upon your receipt of notice of any Claim against you, which might give rise to a claim against Company .
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE PRODUCT, SERVICE AND ANY CONTENT, ARE PROVIDED BY COMPANY TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE, SYSTEMS INTEGRATION, ACCURACY, AND FROM COURSE OF DEALING, USAGE AND/OR TRADE PRACTICE, ALL OF WHICH COMPANY EXPRESSLY DISCLAIMS. WITHOUT LIMITING THE FOREGOING, COMPANY AND ITS LICENSORS MAKE NO WARRANTY THAT (A) THE PRODUCT, CONTENT OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, PRODUCT OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; AND/OR (C) COMPANY WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE SITE OR ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH AND/OR FROM USE OF OUR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
LIMITATION OF LIABILITY
YOUR USE OF THE SITE, PRODUCTS AND CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENE), WARRANTY, STRICT LIABILITY, AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBIITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY COMPANY ITS EMPLOYEES, REPRESENTATIVES AND/OR AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, COMPANY’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN THE EVENT YOU ARE DISSATISFIED WITH THE SERVICE, RELATED SERVICES OR ANY OTHER GRIEVANCE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE THE RIGHT TO DISCONTINUE ACCESS TO AND/OR USE OF THE SITE. COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE, PRODUCTS, MATERIALS AND/OR CONTENT IS LIMITED TO THE LESSER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM GIVING RISE TO THE LIABILITY, OR (II) ONE HUNDRED DOLLARS ($100.00).
LINKS
This Site may provide links to various other independent third-party websites (“Linked Sites”) that may be of interest to you and for your convenience only. Company does not control and/or endorse such Linked Sites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice and/or statements contained within such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites at your own risk. We encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each Linked Site that you visit. Company reserves the right to terminate any link or linking program at any time. Company disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such Linked Sites.
SEPARATE AGREEMENTS
You may have other agreements with Company. Such agreements are separate and in addition to this Terms of Use. The Terms of Use do not modify, revise or amend the terms of any other agreements you may have with Company.
NO PROFESSIONAL ADVICE
The information available on the Site is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. Company does not, will not and cannot refer, recommend and/or endorse any specific professional service, product and/or procedures that are advertised on the Site.
DMCA COPYRIGHT POLICY AND COPYRIGHT AGENT
Company respects the intellectual property rights of others and expects you to do the same. We reserve the right to terminate your account or any other user who infringes third-party copyrights. We will respond to clear notices of copyright infringement when you provide the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
(iv) Information sufficient to permit Company to contact you, such as your physical address, telephone number, and, if available, an electronic mail address;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Contact information for Company’s DMCA Agent for notice of claims of copyright infringement is: BE OPTIMAL Attn: Copyright Agent, Dr. Cari Jacobson
The Copyright Agent will not remove content from the Site in response to phone or email notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit such notifications by fax or ordinary mail only and as further described by this Section. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Site or on sites linked to or from the Site. All other inquiries directed to the Copyright Agent will not be responded to.
RESOLUTION OF DISPUTES
Disputes. We want to address your concerns without needing formal legal case. Before filing a claim against Company, you agree to try to resolve the dispute informally by contacting us at beoptimalcenter@gmail.com. We will try to resolve the dispute by contacting you via email, but if we cannot resolve the dispute within thirty (30) days of submission, you and/or Company agree to resolve any claims related to this Terms of Use through final and binding arbitration, except as forth under ‘Exceptions to Agreement to Arbitrate’ section below and/or you opt out as described below.
Opt-Out. You can opt-out and decline this agreement to arbitrate by contacting Company within thirty (30) day of the date that you first became subject to this arbitration provision (i.e.: the date you initially accepted this Terms of Use). You must write us at BE OPTIMAL, Attn: Opt-Out Arbitration, 1249 Waukegan Road, Glenview, IL 60025. If you opt out, neither you nor Company can require the other to participate in an arbitration proceeding.
Arbitration Procedures. Except in the event the claim meets the requirements set forth in the ‘Exceptions to Agreement to Arbitrate’ section below and/or if you opt out of arbitration as described below, all claims shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy and/or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. All information relating to and/or disclosed by any party in connection with the arbitration of any disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party. The arbitration shall be held in Cook County, Illinois USA or any other location we agree to. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Exceptions to Agreement to Arbitrate. Either you and/or Company may assert claims, if they qualify, in small claims court in Cook County, Illinois. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use and/or abuse of the Site, breach of Company ’s confidential information and/or intellectual property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the informal dispute-resolution process described herein.
Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you and/or your claim, you and Company agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Cook County, Illinois. Both you and Company consent to the foregoing venue and jurisdiction.
MISCELLANEOUS
If any provision or term of this Terms of Use shall become and/or be declared illegal, invalid and/or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them. This Terms of Use shall be governed in all respects by the laws of the State of Illinois, without reference to its choice of law rules. If an applicable law is in conflict with any part of this Terms of Use, this Terms of Use will be deemed modified to conform to the law and/or the other provisions will not be affected by any such modification. No waiver by either you and/or Company of any breach and/or default and/or failure to exercise any right allowed under this Terms of Use is a waiver of any preceding and/or subsequent breach and/or default and/or a waiver and/or forfeiture of any similar and/or future rights under this Terms of Use.
Contact us: If you would like to request additional information regarding this Terms of Use, please contact us at beoptimalcenter@gmail.com.