OPTIMIZE LIFE TERMS OF USE
Last Modified: August 10, 2023
Welcome to Optimize Life. The Optimize Life Website is operated by OL Coaching, LLC, a Wyoming limited liability company. Please read the Optimize Life Terms of Use, together with our Privacy Policy and any other terms referenced in this document carefully to ensure that you understand each provision. These terms and conditions must be agreed upon before any purchases can be made on the Website. These are all important as they outline and explain legal rights and describe Optimize Life’s own rules. THE TERMS OF USE ALSO CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.
THE PRODUCTS ON THIS WEBSITE ARE FOR LABORATORY RESEARCH ONLY. THE PRODUCTS ARE NOT FOR HUMAN OR ANIMAL USE OR CONSUMPTION OF ANY KIND. THE PRODUCTS ARE NOT INTENDED TO DIAGNOSE, CURE, MITIGATE, TREAT, OR PREVENT DISEASE.
YOU MUST BE AT LEAST 21 YEARS OF AGE TO USE THE WEBSITE OR PURCHASE PRODUCTS.
1. ACCEPTANCE OF TERMS OF USE
These Terms of Use are entered into by and between you and OL Coaching, LLC (“Optimize Life”, “we” or “us”). The following terms and conditions, together with our Privacy Policy, found at www.myoptimizedlife.co (the “Website”) and incorporated here by reference and any other documents incorporated by reference (collectively, these “Terms”), govern your access to and use of our Website and Products.
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU PURCHASE ANY PRODUCTS, AS THE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND OPTIMIZE LIFE. By accessing, downloading or using the Website, registering for or maintaining an account, or by clicking to accept or agree to the Terms when this option is made available to you, you acknowledge that you have read and understand all of the provisions of the Terms and that you accept and agree to be bound by and abide by these Terms. If you do not agree to these Terms, you must not access, download or use the Website.
The Website and products are offered and available to individuals who are of legal age and capacity to agree to these Terms residing in the United States. By using the Website, you represent and warrant that you are of legal age to form a binding contract with Optimize Life in your state of residence and meet all of eligibility requirements provided in these Terms. If you do not meet all these requirements, you must not access, download or use the Website.
2. CHANGES TO TERMS
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them here, in amended policies, or supplemental terms for applicable Website(s), or as otherwise appropriate. Any such changes shall apply to all access to and use of the Website after posting, except that any change to the dispute resolution provisions set forth in Governing Law and Jurisdiction below will not apply to any disputes for which the parties have actual notice prior to the date such change is posted.
Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You should check this page from time to time so that you are aware of any changes, as they are binding on you.
3. NOTICE
To the extent that Optimize Life is required to or may elect to give notice under these Terms or otherwise, Optimize Life may give notice by means of a general notice through the Website, electronic mail to your email address associated with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Optimize Life, with such notice deemed given when received by Optimize Life, at any time by first class mail or pre-paid post to our registered address, c/o Optimize Life, 5753 Highway 85 N PMB 7827, Crestview, Florida 32536-9365.
4. PRODUCT USE
Optimize Life and the Website Products are intended solely for laboratory research purposes and are not to be used for any other purposes, including, but not limited to, vitro diagnostic purposes, in food, drugs, medical devices, or cosmetics for humans or animals or for commercial purposes. You agree that the Products have not been sterilized or tested by Optimize Life for safety and efficacy in food, drug, medical device, cosmetic, commercial or any other use. You expressly represent and warrant to Optimize Life that you will properly test, use, manufacture and market any Products purchased from Optimize Life or materials produced with Products purchased from the Website in accordance with the practices of a professional who is experienced in the field and in strict compliance with all applicable laws and regulations, now and hereafter enacted.
You further warrant that any material produced with any Product shall not be adulterated or misbranded within the meaning of the Federal Food, Drug, and Cosmetic Act and shall not be materials which may not, under Sections 404, 505, or 512 of the Act, be introduced into interstate commerce. You realize that, since Optimize Life and Website Products are, unless otherwise stated, intended solely for research purposes, they may not be on the Toxic Substances Control Act (TSCA) inventory listing. You assume responsibility to assure that the Products purchased from the Website are approved for use under the TSCA, if applicable.
You have the responsibility to verify the hazards and conduct any further research necessary to learn the hazards involved in using Products purchased from the Website. No products purchased from the Website shall be considered to be foods, drugs, medical devices, or cosmetics. All Products are offered for research purposes only. Under no circumstances shall any of the Products be used for therapeutic or diagnostic purposes. Optimize Life is not liable for any damages that may be caused by negligence, abuse, or any other unforeseen matter.
The Products are intended for laboratory research only. The Products are not for use as food additives, drugs, cosmetic, household chemicals, or other inappropriate applications. The listing of a Product on the Website does not constitute a license to, or a recommendation for, its use in infringement of any patent.
ALL PRODUCTS MUST BE HANDLED ONLY BY A QUALIFIED AND PROPERLY TRAINED RESEARCH AND LABORATORY PROFESSIONALS ONLY.
5. PURCHASING AND/OR RETURNS/REFUNDS
You authorize Optimize Life to charge your credit card when you make a purchase on the Website. When using a credit card, you forfeit the right to request a chargeback with your card provider.
ALL SALES ARE FINAL. Due to the nature of the Products, we cannot accept returns.
6. TRADEMARKS
“Optimize Life Trademarks” means all names, marks, brands, logos, product and service names, designs, trade dress, slogans and other designations Optimize Life uses in connection with its products and Website. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
You may not use, remove or alter any Optimize Life Trademarks, or co-brand your own products or material with Optimize Life Trademarks, without Optimize Life’s prior written consent. You acknowledge Optimize Life’s rights in Optimize Life Trademarks and agree that any use of Optimize Life Trademarks by you shall inure to Optimize Life’s sole benefit. You agree not to incorporate any Optimize Life Trademarks or trademarks of its affiliates or licensors into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies.
7. THIRD PARTY SERVICES AND CONTENT
The Website may be made available or accessed in connection with third party services and content (including advertising) that Optimize Life does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Optimize Life does not endorse such third-party services and content and in no event shall Optimize Life be responsible or liable for any products or services of such third-party providers. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Website in any manner. We also do not control and are not responsible for any links that lead to other websites. It is your responsibility and up to your discretion on whether a link looks dangerous. You hereby agree to hold Optimize Life harmless from any liability that may result from your use of links that appear on the Website.
8. RELIANCE ON INFORMATION POSTED
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you to the Website, or by anyone who may be informed of any of its contents.
9. INFORMATION ABOUT YOU AND YOUR VISITS TO THE SERVICES
All information we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
10. OPTIMIZE LIFE SMS/MESSAGING TERM AND CONDITIONS
By “Opting In” to or using the Optimize Life “Text Message Service” (both terms defined below), you accept these Terms and Conditions and agree to resolve disputes with Optimize Life through binding arbitration, and you waive any right to participate in class actions, all as detailed in the “Arbitration Agreement” section below.
“Text Message Service” includes any arrangement or situation in which Optimize Life sends (or indicates that it may send or receives a request that it send) one or more text messages.
“Opting In” and “Opt-In” refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more text messages.
(a) By Opting In to a Text Message Service:
-You authorize Optimize Life to use autodialer or non-autodialer technology to send text messages to the cell phone number associated with your account. You also authorize Optimize Life to include marketing content in any such messages. You do not have to Opt-In or agree to Opt-In as a condition of purchasing products.
-You are signing your Opt-In to the Text Message Service.
-You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt-In.
-You consent to the use of an electronic record to document your Opt-In. To withdraw that consent, request an email copy of the Opt-In, or to update our records with your contact information, please email us at support@optimizelife.co.
(b) About the Text Message Services and Opting Out.
Message and data rates may apply. Unless otherwise noted, Text Message Services send multiple, recurring messages. Optimize Life may terminate any Text Message Service or your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but these Terms and Conditions still will apply. For Text Message Services, text HELP to the number that sends you text messages for help and STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a texted request to clarify. To complete your opt-out, please provide the requested clarification. These Terms and Conditions still will apply if you withdraw the consent mentioned above or opt out of the Text Message Service.
You consent to the handling of your information as described in the Optimize Life Privacy Policy. You must be 21 years of age or older.
(c) Mobile Carriers. Supporting mobile carriers may change without notice, and the particular Text Message Service you join, including those operated through a different number, may be limited to specific carriers. Optimize Life and the mobile carriers are not liable for delayed or undelivered messages.
11. DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that the all the information provided on the Website is correct and complete. You are responsible for completing your own research on each and every Product on the Website. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. OPTIMIZE LIFE’S WEBSITE AND ALL CONTENT AND ANY PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF- SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
OPTIMIZE LIFE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, OPTIMIZE LIFE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE SECURITY, RELIABILITY, ACCURACY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE WEBSITE. OPTIMIZE LIFE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF ANY THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE WEBSITE, AND ANY PRODUCT OR ITEM PURCHASED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
WITHOUT LIMITING THE FOREGOING, NEITHER OPTIMIZE LIFE NOR ANYONE ASSOCIATED WITH OPTIMIZE LIFE REPRESENTS OR WARRANTS THE WEBSITE, CONTENT OR ANY PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE TO BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE INCLUDING WITHOUT LIMITATION ANY AND ALL APPLICATIONS OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. LIMITATION ON LIABILITY
AS PARTIAL CONSIDERATION FOR YOUR ACCESS TO THE WEBSITE, YOU AGREE OPTIMIZE LIFE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE WEBSITE, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF OPTIMIZE LIFE, EVEN IF OPTIMIZE LIFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OPTIMIZE LIFE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE OR YOR RELIANCE ON THE INFORMAOTIN PROVIDED FROM THE WEBSITE. YOU ARE RESPONSIBLE FOR THE DECISION YOU MAKE OR YOUR ACTIONS OR NON-ACTIONS IN RELIANCE UPON THE INFORMATION PROVIDED ON THE WEBSITE.
OPTIMIZE LIFE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OPTIMIZE LIFE’S REASONABLE CONTROL.
IN NO EVENT WILL OPTIMIZE LIFE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, AND INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OPTIMIZE LIFE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON OPTIMIZE LIFE’S CHOICE OF LAW PROVISION SET FORTH BELOW.
13. INDEMNIFICATION
You agree to indemnify and hold Optimize Life, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Optimize Life Parties”) harmless from any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your use of, or inability to use, Optimize Life’s Website; (b) your violation of the Terms; (c) your violation of any rights of another party; or (d) your violation of any applicable laws, rules or regulations. Optimize Life reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Optimize Life in asserting any available defenses. This provision does not require you to indemnify any of the Optimize Life Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, suppression or omission of any material fact in connection with the Website. You agree that the provisions in this section will survive any termination of your account or use of the Website.
14. ASSUMPTION OF RISK
You agree and understand that you assume all risks when using the Website and Products, including, without limitation, any and all risks of injury and death.
15. CHOICE OF LAW AND JURISDICTION
Except as set forth in the Disputes; Mandatory Arbitration and Class Action Waiver Section herein, all matters relating to the Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Wyoming without giving effect to any choice or conflict of law provision or rule (whether of the State of Wyoming or any other jurisdiction). Unless you and Optimize Life agree otherwise in writing, YOU WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION OVER YOU BY SUCH COURTS AND TO VENUE IN SUCH COURTS.
These provisions, except as otherwise provided in the Arbitration Agreement of these Terms, are only intended to specify the use of Wyoming law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending Wyoming law to you if you do not otherwise reside in Wyoming. The foregoing choice of law and forum selection provisions do not apply to the Arbitration Agreement or to any arbitrable disputes as defined therein. Instead, the Federal Arbitration Act shall apply to any such disputes.
16. DISPUTES; MANDATORY ARBITRATION AND CLASS ACTION WAIVER (“ARBITRATION AGREEMENT”)
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Optimize Life on an individual basis in arbitration, as set forth in this Arbitration Agreement. YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. This will preclude you from bringing any class, collective, or representative action against Optimize Life, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Optimize Life by someone else.
(a) Agreement to Binding Arbitration Between You and Optimize Life.
You and Optimize Life agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Website at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Optimize Life, and not in a court of law.
You acknowledge and agree that you and Optimize Life are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Optimize Life otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Optimize Life each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
(b) Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Wyoming.
(c) Process.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Wyoming and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
(d) Location and Procedure
Unless you and Optimize Life otherwise agree, resolution of any and all disputes will be conducted in Sheridan County, Wyoming, U.S.A., which shall have jurisdiction over such disputes and over Users. YOU WAIVE ANY AND ALL OBJECTIONS TO VENUE AND TO THE EXERCISE OF JURISDICTION OVER YOU.
(e) Arbitrator’s Decision
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect.
(f) Fees
Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules. If the Arbitrator finds that you cannot afford to pay filing, administrative, hearing and/or other fees and cannot obtain a waiver from AAA, Optimize Life will pay them for you. In addition, Optimize Life will reimburse all such filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the Arbitrator determines the claims are frivolous. Likewise, Optimize Life will not seek attorneys’ fees and costs in arbitration unless the Arbitrator determines the claims are frivolous.
(g) Changes
Notwithstanding the provisions above, regarding consent to be bound by amendments to these Terms, if Optimize Life changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing Optimize Life written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either (a) by mail or hand delivery to our registered office, c/o Optimize Life, 5753 Highway 85 N PMB 7827, Crestview, Florida 32536-9365 or (b) by email from the email address associated with your account to: support@optimizedlife.co. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Optimize Life in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
(h) Severability and Survival
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
17. LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR OPTIMIZE LIFE’S WEBSITE AND PRODUCTS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
18. ASSIGNMENT; RELATIONSHIP
You may not assign any rights or obligations under these Terms without Optimize Life’s prior written approval. Optimize Life may assign its rights and obligations under these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Optimize Life’s equity, business, or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
No joint venture, partnership, employment, or agency relationship exists between you and Optimize Life as a result of these Terms or your use of Optimize Life’s Website.
19. HEADINGS
The headings contained in this Agreement are for reference only.
20. WAIVER AND SEVERABILITY
No waiver by Optimize Life of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Optimize Life to assert or enforce a right or provision under these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Optimize Life in writing.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. This provision shall not affect the Severability and Survival provisions with respect to the Arbitration Agreement which is part of these Terms.
21. FORCE MAJEURE
Optimize Life shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, delays due to backorders, mail delays, customs delays, or lost shipments. Optimize Life shall not be responsible to notify you in the event of such delays. You shall be solely responsible to make other arrangements to purchase products and any costs incurred in connection with such purchases.
22. ENTIRE AGREEMENT
The Terms, including our Privacy Policy and any other terms and conditions incorporated herein or therein by reference constitute the sole and entire agreement between you and Optimize Life with respect to the Website and Products and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and Products.
