Welcome to the https://theoptimizedpatient.com (hereinafter “Website”). This site is owned and operated Optimized Outcome Solutions, LLC (hereinafter “Company”).
Products sold on the Website, and any associated taxes and shipping charges are due and payable in full at the time of purchase.
If you are not satisfied with your purchase, please refer to the terms outlined in the Company’s Return Policy.
- What information we may collect about you;
- What we use that information for; and
- With whom we share that information.
User acknowledges that the Website contains Content that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and the Company owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the US copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
The Optimized Patient
The Optimized Patient title and logo is a copyright of Optimized Outcome Solutions, LLC. Third parties may not use The Optimized Patient logo unless given specific permission from Optimized Outcome Solutions, LLC.
In some instances, the Content available through the Website represents the opinions and judgments of the respective third party providing such Content. The Website and the Company neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement made on the Website by anyone other than Website or the Company. Under no circumstances shall the Website or the Company, or their affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User’s reliance on information obtained through the Website. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through the Website.
Termination of Usage
The Website may suspend or terminate any User’s access to all or any part of the Website including any account thereon, without notice, for any reason in Website‘s sole discretion.
The authors/speakers in any Website content do not dispense medical advice or prescribe the use of any technique as a form of treatment for physical, emotional, or medical problems without the advice of a physician, either directly or indirectly. The intent of the authors/speakers is only to offer information of a general nature to help you in your quest for emotional and physical well-being. In the event you use any of the information from the Website for yourself, the authors/speakers, the Company assumes no responsibility for your actions and the Company and its licensors, its suppliers, or any third parties mentioned on the Website are not liable for any personal injury, including death, caused by your use or misuse of the Site or its Content.
If you think you may have a medical emergency, call your doctor or 911 immediately.
Availability of Website
User recognizes that the traffic of data through the Internet may cause delays during the download of information from the Website and accordingly, user shall not hold Optimized Outcome Solutions, LLC, Inc. liable for delays that are ordinary in the course of Internet use. User further acknowledges and accepts that the Website may not be available on a continual, twenty-four hour basis due to such delays, or delays caused by Optimized Outcome Solutions, LLC, Inc. due to upgrading, modification, or standard maintenance of Website.
Disclaimers and Limitation of Liability
THE WEBSITE IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL IMPLIED WARRANTIES.
WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITE; OR (IV) THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF THE COMPANY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF NATURE, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO WEBSITE‘S OR THE COMPANY’S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
If you have a dispute with the Website OR THE COMPANY, and you are unable to resolve the dispute informally, you and THE COMPANY agree that upon demand by either you or THE COMPANY, the dispute will be resolved through binding arbitration. As the sole exception to arbitration, you and THE COMPANY each retain the right to pursue in small claims court any dispute that is within that court’s jurisdiction. A “dispute” is any unresolved disagreement between you and THE COMPANY, regardless of when the claim arose, and includes claims based on contracts, torts, statutes, regulations, common law, equitable claims OR ANY OTHER CHOSE IN ACTION. All statutes of limitation applicable to any dispute shall apply in any arbitration between you and THE COMPANY.
Each arbitration, including the selection of the arbitrator, will be administered by the American Arbitration Association (the “AAA”) according to its Commercial Arbitration Rules and the Supplementary Procedure for Consumer-Related Disputes (together, the “AAA Rules”). The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. In the event of any inconsistency between the AAA Rules and this arbitration provision, this arbitration provision shall be controlling. Either party may demand arbitration of a dispute at any time, regardless of whether a lawsuit or other proceeding has previously been commenced. Either party may demand arbitration by completing the form for Consumer-Related Disputes provided for that purpose, and following the instructions on the form. The form is available on the AAA’s website, www.adr.org, or by calling AAA Case Filing Services at 1-877-495-4185. You should attach a copy of this arbitration provision, which will remain available online. If you demand arbitration, you must send a copy of the form or other demand, by U.S. Certified Mail, addressed to: Optimized Outcome Solutions, LLC, Inc., Attention: Legal Department, 2217 E Cottonwood Cove Lane, Cottonwood Heights, UT 84121. If THE COMPANY demands arbitration, you will be sent a copy of the form or other demand, by U.S. Certified Mail, at the most current postal address that THE COMPANY has for you in its records. If your claim is for less than $10,000, THE COMPANY will pay all of the AAA’s administrative fees and the arbitrator’s fees, including the initial filing fee. If your claim is for more than $10,000, and applicable law limits the amount of arbitration fees payable by you, THE COMPANY will pay all of the AAA’s administrative fees and the arbitrator’s fees in excess of this limitation. Except as otherwise provided by applicable law, each party will remain solely responsible for their own attorneys’ fees and expenses incurred in connection with the arbitration.
You and THE COMPANY agree that: (1) the parties are participating in transactions affecting interstate commerce; (2) this arbitration provision and any resulting arbitration are governed by the Federal Arbitration Act (Title 9 of the United States Code); (3) the arbitrator shall decide any dispute regarding the interpretation, application, or enforceability of this arbitration provision; (4) neither party will disclose, to any third party, any information obtained from the other party in the arbitration proceeding, except as required by applicable law; and (5) neither party will be entitled to rely on any arbitration award, finding of fact, or conclusion of law issued in any other arbitration proceeding involving only one of the parties. This arbitration provision shall survive the termination of any other contract between you and THE COMPANY.
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Optimized Outcome Solutions, LLC, reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. Modifications will become effective on the day they are posted unless stated otherwise. Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.