Please read these Terms of Use carefully before using NaturallyOptimal.com.
NaturallyOptimal.com (“Website”) and its Content is owned by Naturally Optimal, LLC (“Company”, “us”, “we”, or “our”). The term you (“you”, “your”, or someone you are acting on behalf of) refers to the viewer (“user” or “guest”) of the Website. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use” or “Terms”) constitute an agreement between you and the Company that governs your access to and use of the Website, including any Content, functionality, and services offered on or through the Website.
Either by using the Website or by clicking to accept or agree to the Website Terms of Use when this option is made available to you, you accept and agree to the Terms whether you have read them or not. If you do not agree or accept any part of these Terms, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. AS SUCH, IF YOU ARE UNDER 18 YEARS OF AGE, THE COMPANY REQUESTS THAT YOU DO NOT USE THE WEBSITE OR SUBMIT ANY PERSONAL INFORMATION TO THE WEBSITE OR TO THE COMPANY WITHOUT PARENTAL OR GUARDIAN CONSENT. If the Company discovers that a child under 18 years of age has signed up on the Website or provided us with personally identifiable information without parental or legal guardian consent, we will delete that child’s identifiable information from our records.
The Company reserves the right to modify, alter, amend, or update the Terms of Use. The Terms of Use are subject to change without notice.
PRIVACY
Your use of the Website is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.
DISCLAIMER
Your use of the Website is also subject to the Company’s Website Disclaimer (“Disclaimer”). Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms of Use.
USE OF THE WEBSITE
Unless otherwise stated, we own the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
Unless it is specifically and expressly made available for such purpose, the following uses are not permitted:
- Republication, redistribution, sale, rental, or sub-licensing of content from the Website;
- Reproduction or duplication of any content on the Website for commercial purposes;
- Modification of any content on the Website;
From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of Company’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels only, with full credit to us.
PROHIBITED USES OF THE WEBSITE
You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to, scraping, data mining, data extraction, or data harvesting on or in relation to the Website without our express written permission.
You must not use the Website to transmit or send any unsolicited commercial communications, including, but not limited to, spam comments.
You must not use the Website for any third-party marketing without our express written permission.
COPYRIGHT
Unless otherwise noted, the design, content, and all components of the Website are copyrights owned by the Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission. If you view, purchase, or access the Website or any of its Content, you will be considered our Licensee. As such, you are granted a revocable, non-transferable license to display the Website for personal, non-commercial use only. You may print or download information from the Website for personal use, but you must identify the source of the material and include a statement that the materials are protected by copyright law.
TRADEMARKS
The Company’s trademarks and trade dress may not be used in connection with any product or service that is not the Company’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits the Company or its owners. From time to time, the Website will legally utilize trademarks owned by third parties. These trademarks are the respective property of their owners, and the Company makes no claim of ownership.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use, modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works of such trademarks without the prior written permission of the Company or the respective owners.
CONTENT YOU CONTRIBUTED TO THE WEBSITE
In limited circumstances, you may contribute content to the Website, including, but not limited to, completion of contact forms. Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you, the Company, or a third party.
The Company reserves the right to edit or remove any material: submitted to the Website; stored on the Company’s servers; or, hosted or published on the Website. The Company takes no responsibility and assumes no liability for any content posted by you or any third party. Notwithstanding the Company’s rights under the Terms of Use, the Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.
GRANT OF RIGHTS
You grant the Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant the Company the right to sub-license these rights and the right to bring an action for infringement of these rights.
COMMUNICATION & ACCOUNT SECURITY
If you send the Company an email, register to use the Website, or provide your email to the Company in any other way, you consent to receive communications from the Company electronically. You agree that all notices provided via electronic means from the Company satisfy any requirement for written notice.
To access the Website or some of the resources it offers, you may also be asked to provide certain registration or other information. It is a condition of your use of the Website and any resources downloaded from the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
As set forth more fully in the Disclaimer, the information contained on this Website and the resources available for download through this Website are for informational purposes only. The Content and the resources available for download through this Website is not intended as, and shall not be understood or construed as medical, health, legal, or any other professional advice.
THIRD PARTIES
As set forth more fully in the Disclaimer & Privacy policies, the Website may contain links to third-party websites that are not governed or controlled by the Company. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relate to your use of the Website. The Company assumes no control or liability over the content of any third-party sites. You, expressly, hold the Company harmless from any and all liability related to your use of a third-party website.
Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold the Company harmless from any and all liability in any dispute.
NO WARRANTIES & WEBSITE ACCESS
The Website is provided on an “as is” and “as available” basis without any representations or warranties, express or implied. The Company makes no representations or warranties in relation to the Website, software, products, services, or the information and materials provided, or therein.
The Company makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. The Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.
We reserve the right to withdraw or amend this Website and any service or material we provide on the Website at our sole discretion without notice. The Company will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. On occasion, we may restrict access to the entire Website or some parts of it to users, including registered users.
LIMITATION OF LIABILITY
YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE WEBSITE, INFORMATION CONTAINED ON THIS WEBSITE, PRODUCT, SERVICES, AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE. THE COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL, DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE AT ANY TIME.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
ARBITRATION
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Madison, Wisconsin, USA. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
INTERNATIONAL USERS
The Company, Website, and services are controlled, operated, and administered from our offices within the USA. If you access the Website or services from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
INDEMNITY
You agree to defend, indemnify and hold the Company, its members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) which the Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
TERMINATION AND ACCESS RESTRICTION
The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, you hereby consent to resolve any and all disputes arising under or related to this Website or the Terms of Use pursuant to the Arbitration Clause above. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
ENTIRE AGREEMENT
Unless otherwise specified herein, this agreement, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between the user and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CHANGES TO TERMS
The Company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
MISCELLANEOUS PROVISIONS
If any provision(s) of the Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
The Terms may not be assigned by you without the Company’s prior written consent; however, the Terms of Use may be assigned by the Company in its sole discretion.
The Terms are the final, complete, and exclusive agreement of the parties with respect to the Website offered by the Company.
All notices with respect to the Terms must be in writing and may be via email to the below Company Contact Information.
COMPANY CONTACT INFORMATION
The Company welcomes your questions or comments regarding the Terms of Use:
Naturally Optimal, LLC
778 Lois Drive
Sun Prairie, WI 53590
Email Address: [email protected]
Effective as of 05/04/23