This Agreement is a binding legal contract between Solutions Marketing LLC DBA OptimWellness (also referred to as “Publisher,” “we,” “us,” or “our”) and the end user (“User,” “you,” or “your”) that governs your use of one or more of Publisher’s emails and online properties, including, without limitation, all content such as text, information, images, applications and audio (collectively, “Content”) and all services (“Services”) made available to you through the Publisher by us and/or third-parties (this website and the Content and Services are collectively referred to herein as the “Site”). Site refers to the pages within the Publisher’s websites and emails.
By using Publisher’s Content and Services in any manner whatsoever, you indicate your conclusive acceptance of this Agreement. If you do not agree to this Agreement, do not access or use this Site in any manner whatsoever.
MEDICAL INFORMATION DISCLAIMER:
THE INFORMATION PRESENTED BY THIS PUBLISHER IN E-MAIL AND ONLINE WEB PAGES IS FOR ENTERTAINMENT, EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON AS QUALIFIED HEALTH OR MEDICAL ADVICE. ANY ACTION YOU TAKE ON THE BASIS OF THIS INFORMATION IS SOLELY AT YOUR OWN RISK AND EXPENSE. READERS ARE ADVISED TO CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL ABOUT ANY ISSUE CONCERNING THEIR HEALTH AND WELLNESS.
EMAIL FROM THIS PUBLISHER
Users may subscribe or unsubscribe easily. If you have received an email newsletter or third-party email promotion from this Publisher and you wish to be removed from the list, please unsubscribe or opt-out by clicking on the unsubscribe or opt-out link found on the footer of every email sent by this Publisher. Please do not simply click “report as spam” or delete the email if you wish to remove yourself from our lists, as this does not remove you from the list effectively. Only the official unsubscribe link on the footer of the email itself or a manual removal by an official email administrator will add you to our permanent Do Not Email list ensuring you will no longer receive any further communications from the Publisher. Additionally or alternatively if you wish to contact Publisher via postal mail using the physical mailing address published on the Contact Us page of this Publisher’s website.
Electronic unsubscribe requests take effect immediately. If you wish to unsubscribe through other methods of contact, please allow up to 10 business days to process requests manually.
Keep in mind if you opt-in to another website property we operate using a different email address, you may still receive materials from us at that new address.
YOUR USE OF CONTENT
The Content within the Site includes copyrighted works proprietary to us or to third-parties who have provided us with Content (“Content Providers”). You may download and print a single copy of the Content solely for your internal non-commercial use, provided that such Content must not be altered in any way and must contain all copyright and proprietary rights notices that accompany such Content.
ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUBJECTS YOU AND YOUR SUBSCRIBER OR EMPLOYER TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT, TRADEMARK, AND OTHER LAWS AND TREATIES.
RSS feeds of content headlines, limited text and a source link (“RSS Content”) are available for downloading and displaying in their original form. You must use the RSS feeds as provided by Publisher, and you may not edit or modify the text, content or links supplied by Publisher which link the reader to access the original full length article on Publisher’s Site (“Source Content”). The RSS Content may only be used with platforms that display a functional link that when accessed, takes the viewer directly to the Source Content on Publisher’s own Site. You may not use RSS Content in a way that does not directly link to the Source Content on Publisher’s Site, including the use of redirect links, intermediate pages, splash pages, or other means that are not directly linking to the original Source Content on Publisher’s Site.
INTELLECTUAL PROPERTY OWNERSHIP
You agree that we (or our Content Providers) own all worldwide rights, titles and interests in and to the Site and all intellectual property rights therein. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by this Agreement.
You may be permitted to access and use the user generated content systems such as discussion forums, commenting systems, rating and review systems, blogging systems, and other forms of electronic communications available through the Site (“Interactive Areas”). If you participate in or use any Interactive Area, you are responsible for your own communications and the consequences of posting your communications. If you choose to post material using such Interactive Areas, you agree to do so solely for lawful purposes and in compliance with all applicable laws. You expressly agree that we have no responsibility for or control over the content you may post on or using these Interactive Areas. We make no representation that your use of the Interactive Areas will comply with applicable laws or that they were designed to comply with the applicable laws.
You also expressly agree that you will not post any material that: (1) is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringes on the copyright or any other proprietary right of a third-party; (3) would invade the privacy of any other person; (4) is intended to advertise to or solicit others without our express permission; (5) constitutes charity solicitations, chain letters or pyramid schemes; (6) contains a virus, worm, trojan horse, time bomb, or any other harmful program or component; or (7) does not generally pertain to the designated topic or theme of the Site. You further expressly agree that you will not: (a) after receiving warning, continue to post material which we have advised you not to post; (b) create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (c) post, generate or disseminate so-called “spam” or mass-mailings; (d) harvest or otherwise collect information about others, including email addresses, without their consent; (e) interfere with or disrupt networks connected to the Site, or used for purposes of delivering the Content or the Services (or violate the regulations, policies or procedures of such networks); (f) attempt to gain unauthorized access to restricted areas of the Site, computer systems or networks connected to the Site, through password mining or any other means; or (g) interfere with another user’s use and enjoyment of the Site.
When posting a review or rating about anything listed on the Site, your comments must be specific, written from your personal experience and intended to help other users of the Site make more informed decisions. Any generalized attempt to damage the reputation of any product, service or business listed on the Site may be removed at our sole discretion and you may be held personally liable by the individual or entity your comments affect.
We do not and are not responsible for screening or monitoring material posted by you or any other person or entity in Interactive Areas. If notified by one of our users of any material that is alleged not to conform to the terms of this Agreement, we may investigate the allegation and determine at our sole discretion to remove or request the removal of the material. We reserve the right to remove material that is abusive, illegal, disruptive, or that otherwise fails to conform to this Agreement. We reserve the right to edit or delete any material posted on our Site, regardless of whether such material violates these standards for content. We have no liability or responsibility to you or any other person or entity for performance or nonperformance of the screening activities set forth above.
We further do not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of the material posted in Interactive Areas. We also do not endorse any opinions expressed in Interactive Areas. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN ANY PART OF THIS SITE INCLUDING ITS INTERACTIVE AREAS AND YOUR USE OF THOSE AREAS IS AT YOUR OWN RISK.
You hereby grant to this Publisher a non-exclusive, worldwide, royalty-free, perpetual license, with right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information you submit to the Interactive Areas by all means and in any media now known or hereafter developed for any use or purpose.
ADVERTISEMENTS AND LINKS
This Publisher’s Content includes advertisements and other types of links to third-party websites including but not limited to co-branded links, links to services, references and promotions in Content. These third-party websites are not under this Publisher’s control and we are not responsible for any linked third-party websites or for the content, products and/or services they provide. YOUR USE OF LINKED THIRD-PARTY WEBSITES IS AT YOUR RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH SITES. UNLESS EXPRESSLY STATED BY US, WE DO NOT RECOMMEND OR ENDORSE THE CONTENT, PARTICULAR PRODUCTS, SERVICES OR WEBSITES OF ANY THIRD-PARTIES OR MAKE ANY DETERMINATION WHETHER ANY SUCH CONTENT, PRODUCT, SERVICE, OR WEBSITE MAY BE ACCURATE, NECESSARY OR APPROPRIATE FOR YOU OR FOR YOUR USE.
This Publisher uses third-party advertising companies to provide banner ads, links and text-based advertisements which are presented in various parts of the Publisher’s content. Advertising companies may use information about your visits to this and other Websites in order to provide more targeted advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, visit the following page hosted by Google at this website address: https://www.google.com/privacy_ads.html.
THE SITE IS PROVIDED TO YOU ON AN “AS IS, WITH ALL FAULTS” BASIS, AND YOUR USE THEREOF IS AT YOUR OWN RISK. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY CONTENT IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, OR (3) IS COMPLETELY SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. WHEN USING THE SITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT IS BEYOND THE CONTROL AND JURISDICTION OF PUBLISHER AND ITS SUPPLIERS. ACCORDINGLY, PUBLISHER ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE.
Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you. You may have other rights from jurisdiction to jurisdiction.
EXCLUSION OF DAMAGES
UNDER NO CIRCUMSTANCES WHATSOEVER WILL WE BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO (1) YOUR USE OF THE SITE, OR RELIANCE ON THE CONTENT, OR (2) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY US OR OUR CONTENT PROVIDERS. THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not permit the exclusion of certain types of damages. Therefore, only if required by applicable law, some or all of the exclusions above may not apply to you. You may have other rights from jurisdiction to jurisdiction.
You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) your breach of the terms of this Agreement, (2) your unauthorized or unlawful use of the Site, and (3) the unauthorized or unlawful use of the Site by any other person using your IDs.
Your right to access and use the Site immediately terminates without further notice upon your breach of this Agreement. We may terminate this Agreement and your right to access and use the Site, or any part thereof, at any time, with or without cause. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use or access the Site. The following sections of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever: Intellectual Property Ownership, General Disclaimers, Exclusion of Damages, Indemnity, Entire Agreement, Termination, and Other. We reserve the right to discontinue or make changes to the Site at any time.
ASSIGNMENT AND ENFORCEMENT
We may assign this Agreement, in whole or in part, at our sole discretion. You may not assign your rights under this Agreement without our prior written permission. Any attempt by you to assign your rights under this Agreement without our permission shall be void. The waiver by us of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
This Publisher respects the intellectual property of others. We cannot possibly monitor all the user generated content on the Site and have no responsibility to do so. If you believe that another user has posted your copyrighted work in a way that is accessible on the Site and constitutes copyright infringement, please contact us to report possible copyright infringement. When contacting us, please provide the following information to our legal agent:
A full description of the copyrighted work that you claim has been infringed; the URL where the material that you claim is infringing is located on the Site; your name, address, telephone number, and e-mail address; a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
Publisher’s legal agent can be reached by email, or physical mail at the contact information published on this Publisher’s Contact Us page linked from the footer of this Site:
In the event you are able to demonstrate ownership of copyrighted content which you did not authorize another user to publish, and you wish for the content to be removed, Publisher will remove the copyrighted content from the Site or if authorized may modify the content to indicate its proper owner including a link to the original owner’s website.
RIGHT TO REVISE AGREEMENT AT ANY TIME
We may revise this Agreement or this Site at any time at our sole discretion without notice. An amended form of Agreement will be effective immediately upon its posting on this Site. You are responsible for reviewing the most current form of this Agreement before using this Site to ensure that you agree to any revisions to this Agreement. If at any time you do not agree to the revisions we make to this Agreement or this Site, you should immediately stop accessing or using this Site in any manner whatsoever. Your continued use of this Site means that you accept those revisions. You agree that these standards for notice and acceptance of amendments to this Agreement and this Site are reasonable.
This Agreement and any operating rules for the Solutions Marketing LLC Sites established by Solutions Marketing LLC constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Tennessee without regard to its conflict of laws rules. Any dispute arising under or relating to this Agreement or any Solutions Marketing LLC Site shall be brought in state or federal courts in Tennessee, and you hereby irrevocably consent to the jurisdiction of such courts. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. You also give full permission to Solutions Marketing LLC to charge other accounts provided on items purchased and not paid for. The section headings used herein are for convenience only and shall not be given any legal import.