We are so confident about the BioDermRx Beauty System that we are giving you a 30-Day Beauty Backed Guarantee. If you are not completely satisfied with the Beauty Results you experience from any BioDermRx product, simply call Customer Service at 866-975-4606 within 30 days of receipt of your shipment to receive your Return Number. Customers should return the product containers along with any other products received within two weeks of calling, even if they are empty, to avoid further payments or to receive a full refund of the purchase price less shipping charges and a 15% restocking fee for each returned product. Payment of your own Return Postage is also required.
30 Day Beauty Back Guarantee, ensures that you lose nothing but those wrinkles!
Dedicated Customer Support, to help you with your questions and return queries.
No Questions Asked, hassle free returns as per our terms and conditions.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE THE RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION, BELOW.
Contact Us or Cancel Your Membership Contact customer service at 1-866-975-4606 Monday through Sunday from 7am to 7pm EST.
Alternatively; you can quickly and easily cancel your membership in the BioDermRX program anytime by using our online portal accessed by clicking the button below…
Member User Agreement You must read and agree to these Terms and Conditions before placing Your order for BioDermRX. By placing Your order for BioDermRX, you agree to be bound by the following terms:
ATTENTION: THIS IS A BINDING AGREEMENT BETWEEN YOU, THE PERSON OR ENTITY AGREEING TO THE TERMS CONTAINED IN THIS DOCUMENT (“I”, “YOU”, “YOUR” OR “CUSTOMER”), AND OPTIMAL HEALTH PRODUCTS LLC. THE MAKERS OF BIODERMRX, AND THE OWNER AND ADMINISTRATOR OF THIS WEBSITE AND ALL CONTENT AND FUNCTIONALITY CONTAINED HEREIN (“OUR”, “US”, OR “COMPANY”) (COLLECTIVELY, THE “PARTIES” OR “WE”). THESE TERMS AND CONDITIONS, AS WELL AS ANY ADDITIONAL TERMS, CONDITIONS AND COVENANTS REFERENCED IN OR MADE AVAILABLE BY HYPERLINK IN THIS DOCUMENT (COLLECTIVELY, THESE “TERMS”, “TERMS OF USE” OR THIS “AGREEMENT”), GOVERN YOUR USE OF AND ACCESS TO THIS WEBSITE LOCATED AT www.BioDermRX.com AND ANY AND ALL OF ITS SUB-PAGES (COLLECTIVELY, THE “WEBSITE”), AND YOUR PURCHASE OF ANY BIODERMRX PRODUCT (“Product” OR “Products”). YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO PURCHASE PRODUCTS FROM THE WEBSITE.
BY USING, VISITING, OR BROWSING THE WEBSITE, OR BY PLACING AN ORDER ON THE WEBSITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS AND AGREE, WITHOUT LIMITATION, TO THESE TERMS AND OUR PRIVACY POLICY HERE: http://biodermrx.com/privacy.php IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE AND PRIVACY POLICY, YOU SHOULD EXIT THE WEBSITE IMMEDIATELY. BY ACCESSING, USING OR ORDERING PRODUCTS THROUGH THE WEBSITE, YOU AFFIRM THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND, AGREE, AND CONSENT TO ALL TERMS CONTAINED HEREIN.
Purchase Options, Terms and Conditions: You have two different payment options for purchasing the BioDermRX program.
Option #1 is a one-time purchase option whereby you would pay a one time charge for a specific amount of product. You would be charged immediately for your purchase and your product would be shipped within 24 hours. Additionally; you would never receive any future shipments from us, nor be charged ever again.
Option #2 is a 15 Day Trial Offer purchase option whereby you would pay a small shipping and handling fee immediately for a trial quantity of the product, followed by future shipments and charges for additional products until you cancel your membership.
In depth details of these 2 options are provided below. BioDermRX One-Time Purchase Terms and Conditions: (for purchases from the BioDermRx.com eComm store)
Please take a few minutes to read the following, as by concluding your One-Time Purchase of BioDermRX you automatically accept the following terms and conditions. We are confident you will see the benefits of using our BioDermRX Products. You are taking the next step toward a more beautiful you!
Upon concluding your purchase, the credit card you provide will be charged a One-time fee equivalent to the price as quoted related to the package you select. You will always be quoted a complete price inclusive of the product, shipping & handling -- and this is the charge that will appear on your credit card. You will only ever be charged the quoted purchase price this one time, and you will never receive any future product or charges from us.
Your satisfaction is 100% guaranteed, If you feel BioDermRX is not for you for any reason, simply call us within 60 days from the order date to make arrangements for the return of the remaining product and empty Containers and our customer service team will provide you with an RMA number and instructions. Please note that there is restocking fee as detailed below in the "Refund Policy" section that is applicable for all returns.
BioDermRX 15 day Trial Offer Terms and Conditions:
Please take a few minutes to read the following, as by concluding your purchase of the BioDermRX Trial Offers you automatically accept the following terms and conditions.
We are confident you will see the benefits of using our BioDermRx products within the 15 day trial. You are taking the next step towards more youthful, vibrant & healthy skin!
Upon signing up for your trial offer, the credit card you provide will be charged a One-time processing fee of $4.95 and you will be shipped a 1 month supply of Age Defy. If you opted to accept our Eye Renew trial offer as well, you will also be shipped in the same package a 1 month supply of Eye Renew for a one-time fee of $1.95.
If you feel that either (or both) the Age Defy and Eye Renew products are not for you, call us to cancel within 15 days from the order date to avoid being charged the purchase price of $89.47 for Age Defy and $68.24 for Eye Renew on day 15.
If you like the products and wish to continue to use and receive additional shipments, simply do nothing, the purchases will be processed on day 15 and you will be enrollment in the auto-shipment program. The auto-shipment program ships you a fresh 1 month supply every 30 days starting 30 days after your 15 day trial period ends, at the low price of $89.47 for Age Defy and $68.24 for Eye Renew.
Your trial shipment includes a one month (30 day) supply of Age Defy and one month supply of Eye Renew (if ordered initially). You will be shipped a fresh supply of each of the products you ordered on a monthly basis starting 30 days after your 15 day trial period ends.
You can request an extended trial period (up to 30 days) by calling our customer care department.
If you contact customer service to terminate your trial enrollment within 15 days of the date that you enroll in the Program, you will not receive any additional product and you will not be charged anything else. Your enrollment date is the date that you submit your order for the trial product. Orders are shipped within 24 hours Mon.- Fri. excluding weekends and holidays in which case your order will be shipped the morning of the next business day.
You can cancel your membership in the auto-shipment program and avoid additional Monthly Charges at any time by contacting customer service at 1-866-975-4606 Monday thru Sunday - 7 AM to 7 PM EST.
Please note results may vary, but with continuous use BioDermRX products in conjunction with the tools, resources, free ebook and advice offered inside your Brochure, Welcome Message and ongoing informational E-mails (which are all included with your purchase at no extra charge), we are confident you will achieve the results you desire.
By proceeding with your purchase, you acknowledge and agree that we will not obtain additional authorization from you for each future installment of the $89.47 and/or $68.24 for BioDermRX auto-ship programs that will be charged to the credit card you provided initially. In addition, you do not hold us responsible for any overdraft charges or fees which you might incur during the ongoing auto-ship program Membership.
All fees are payable in United States currency. For so long as your Membership is active, you will be billed, and you will be required to pay, all applicable charges. Failure to use the BioDermRx Products does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Optimal Health Products LLC. in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), we reserve the right to change our Billing Provisions whenever necessary, in our sole discretion. Continued use of the Site and/or receipt of the BioDermRX Products after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
Our authorization to provide and bill for the BioDermRx products is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Our reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. Where you fail to make any auto-ship program payments, such overdue amounts will be subject to your account being deactivated, in which case no further product will be shipped to you and access to the Membership site will be denied, for non-payment.
Shipping Terms Upon confirming your order you will be shipped ONE (1) full months worth of supply (1 Container) of the BioDermRx product. Orders are shipped within 24 hours (Monday through Friday) using our standard USPS First Class shipping or Canada Post First Class shipping method and delivery generally takes anywhere from 2 to 4 days depending on your geographic location. Please be advised that shipments are not sent on Saturdays, Sundays, or any Holidays. We cannot guarantee specific arrival dates or times and we do not refund delivery or handling charges for any shipments. Please note: Delivery time is subtracted from your 15 day trial period, and will reduce the number of days allocated to Your trial period. Typically meaning you will have 11 days to use the product on average.
You can request an extended trial period (up to 30 days) by calling our customer care department.
Contacting Customer Service: You may contact our customer care department at 866-975-4606, Mon-Sun: 7am – 7pm EST.
IMPORTANT... 1) Please do not return any product to us without first obtaining an RMA number from customer service. Please note that any packages marked "refused" or "Return to sender" will not be processed as a refund. You must obtain an RMA number first. 2) If you do not receive your shipment within 5 working days from the date you placed your order, please contact us immediately so we can address the situation appropriately.
Our return address is:
BioDermRX Returns c/o Optimal Health Returns PO Box 50530 3364 Keele St Downsview, ON M3J 3L0, Canada
Refund Policy We refund all cases of fraud and unauthorized transactions inclusive of all shipping and handling charges. Additional refunds are issued at the discretion of the company. We reserve the right to replace any damaged products in lieu of refunding them at the discretion of the company. In instances where a refund is warranted and agreed to by the company, customers are restricted to receiving a single refund per product ordered. Multiple refunds for purchases processed in multiple months are not permitted - i.e. We will only consider refunding the most recent months transaction and never multiple past months.
We reserve the right to refuse a refund to any customer who repeatedly requests refunds or who, in our judgment, requests refunds in bad faith.
In order to request a refund, you must contact Our Customer Service Department at 866-975-4606. If a refund is warranted, you will be provided with an RMA number and instructions on how to proceed.
Once an RMA notice has been issued to you, you will automatically receive an RMA email confirmation and authorization. In order for your refund to be processed, you must include your RMA number written on the outside of your shipment in large and legible print. We must receive the remaining product containers back to our fulfillment facility within two weeks of receiving your RMA number. Once the containers are received and the RMA number logged into our systems, a refund will automatically be processed and you will receive an email confirmation that your refund has been processed. Please note that depending on the bank that issued the credit card, a refund can take up to thirty (30) days to appear on your credit card statement.
Shipping and handling costs are not refundable. A 15% restocking fee is applicable for every returned item. You are responsible for any costs incurred to package and safely return the product to our fulfillment facility.
NEGATIVE OPTION CLAUSE BY PROCEEDING WITH THIS PURCHASE, I UNDERSTAND AND AGREE THAT THIS CONSUMER TRANSACTION INVOLVES A NEGATIVE OPTION, AND THAT I MAY BE LIABLE FOR PAYMENT OF FUTURE GOODS AND SERVICES UNDER THE TERMS OF THIS AGREEMENT FOR $89.47 PER MONTH IF I FAIL TO NOTIFY THE SUPPLIER NOT TO SUPPLY THE GOODS OR SERVICES DESCRIBED.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY THE MATERIALS AND PRODUCTS CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Optimal Health Products LLC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATIONS OF RIGHTS. IN NO EVENT SHALL Optimal Health Products LLC. OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES,UNDER ANY CAUSE OF ACTION WHATSOEVER INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OTHERWISE, FOR ANY CLAIM CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS (COLLECIVELY, “CLAIMS”) ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY STATEMENT, THE PRODUCTS, OR THE CUSTOMER’S USE OF THE WEBSITE OR ANY PRODUCT. Optimal Health Products LLC. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY Optimal Health Products LLC. WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; Optimal Health Products LLC. FURTHER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY FAILURES, DELAYS,MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE; OR ANY CONDUCT BY USERS OF THE WEBSITE, EITHER ONLINE OR OFFLINE. Optimal Health Products LLC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY Optimal Health Products LLC. WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
You agree that Optimal Health Products LLC.s' entire liability for all CLAIMS shall be limited, in the aggregate, to the lesser of (i) USD $500.00, or (ii) the total amount of money You paid to Optimal Health Products LLC. in the one (1) month period immediately preceding the incident on which Your alleged claim is based. This limitation of liability shall apply for all CLAIMS, regardless of whether Optimal Health Products LLC. was aware of or advised in advance of the possibility of damages or such CLAIMS. The warranties and representations specifically set forth in this agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties hereto or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You.
CONSENT TO RECEIVE EMAILS FROM US If you sign up via any of our opt-in forms, or make a purchase from any of our websites... we will send you emails anywhere from once to ten times a week. These emails can be comprised of order confirmation, shipping confirmation, announcement type emails &/or our informative newsletters about products you have purchased or perhaps would like to purchase. Typically in our emails you will find relevant information that is related to a purchase you made with us, or the newest tips, tricks, and information related to skin and beauty. Please remember that if you no longer wish to hear from us, you can simply unsubscribe at any time using the link in the footer of any email that we send you.
REPRESENTATIONS; PRODUCT DISCLAIMERS We are committed to improving the well-being of our customers by providing safe and effective wellness products made with the highest quality ingredients. You understand, however, that Our Products have not been evaluated by the Food and Drug Administration, and Our Products are not intended to diagnose, treat, cure or prevent any disease. The information on this Website or in emails is designed for informational purposes only and is not intended to be a substitute for informed medical advice or care.
You understand that You should not use this information to diagnose or treat any health problems or illnesses without consulting Your doctor or physician. You further understand that this Product is not intended for use by persons under 18 years of age. You also understand that the Product is not intended or to be used to treat any type of medical condition. You agree that You either have consulted, or will consult, with a physician or doctor before using any of Our Products, particularly if You suffer from any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other herbal medications, and You agree that you will cease immediately from taking or using Our Products if You experience any ill effects or unintended side effects of any Product. We endeavor to provide You with accurate information about Our Products. You understand and agree that the information conveyed about our Products and/or the efficacy of Our Products, is obtained from independent third parties such as news agencies, scientific reports, and scientific / research entities (“Third Parties”). We do not warrant or represent that such information is error-free, and do not represent or endorse any Third Parties or the methods that they use to arrive at their conclusions. All Product specifications, performance data, and other information on the Website is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Products will conform to such specifications or performance data. We do not warrant or represent that Our Products will provide You with any particular benefits, or that Your results will match those of others who consume Our Products. Individual results will vary from person to person, and are dependent on factors including age, weight, diet, and exercise regimen.
By using the Website, You agree to comply with all applicable laws and regulations of the United States. The material provided on the Website is protected by law including, but not limited to, United States copyright and trademark law and international treaties. We make no representation that materials contained in the Website are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.
YOUR REPRESENTATIONS You hereby represent and warrant that You are age eighteen (18) or older, that You have read this Agreement and thoroughly understand the terms contained in this Agreement, that any Products You purchase from the Website will be used for Your personal, non-commercial use, and that You will not re-sell, re-distribute or export any Product that You order from the Website. You further represent that Optimal Health Products LLC. has the right to rely upon all information provided to us by You, and we may contact You by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders You placed, or considered placing, at or through the Website.
INTELLECTUAL PROPERTY The Website and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of Optimal Health Products LLC. or its licensors. No license or ownership rights in or to any of the Intellectual Property are conveyed to You by virtue of this Agreement or by Your purchase of any Product from the Website. The Intellectual Property is protected by the copyright and trademark laws of the United States. Unless otherwise permitted by law, none of the Intellectual Property may be reproduced by You without Optimal Health Products LLC.’s prior written permission.
WEBSITE USER CONDUCT AND RESTRICTIONS You must be 18 years of age or older to access Our Website. As a user of the Website, You agree that in connection with Your use of the Website and the content You will not: - Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically, or otherwise objectionable; - Conduct Yourself in an inappropriate, offensive, indecent, or vulgar manner while using Our service or Website; - Use the Website for any unlawful purpose; - Upload, post, email, or otherwise transmit any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); - Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party; - Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; - Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; - Interfere with or disrupt the Website, the services, the content or servers or networks connected to the Website, the services or the content, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website, the services, and/or the content, the terms of which are incorporated herein; - Intentionally or unintentionally violate any applicable local, state, national, or international law.
Without the express prior written authorization of Optimal Health Products LLC., You may not: - Duplicate the Website (except as expressly provided elsewhere in this Agreement or as permitted by law); - Create derivative works based on the Website or any of the Intellectual Property; - Remove any copyright or other proprietary notices from the Website or any of the Intellectual Property contained therein; - Frame or utilize any framing techniques in connection with the Website or any of the Intellectual Property; - Use any meta-tags or any other “hidden text” using the Website’s name or marks; - “Deep-link” to any page of the Website; - Circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the Website); - Use any data mining, bots, or similar data gathering and extraction tools on the Website; - Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted therein; or, - Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure.
TERMINATION OF AGREEMENT This Agreement shall remain in force as long as You access the Website, use any functions or features of the Website, or order anything from the Website. Optimal Health Products LLC. reserves the right to terminate this Agreement without notice and/or refuse to sell to anyone who we believe, in Our sole discretion, (i) has violated any of the terms of this Agreement, (ii) is abusing the Products or the services we provide, or (iii) is unable to provide Us with sufficient information to allow Us to properly identify the customer’s real name, address, or other contact information.
LINKS The Website may provide links to other World Wide Web sites or resources. We have not reviewed these websites and is not responsible for the accuracy, content, privacy policies or availability of information found on websites that link to or from any of our Websites. We cannot ensure that You will be satisfied with any products or services that You purchase from a third-party site that links to or from any Optimal Health Products LLC. Website or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against Optimal Health Products LLC. with respect to such sites and third-party content. We strongly encourage You to make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither Optimal Health Products LLC. nor its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this Website. No link to the Website may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Website must be to wwwdomain. Deep linking to internal pages of this Website is expressly prohibited without prior written consent from Optimal Health Products LLC..
FORCE MAJEURE Optimal Health Products LLC. shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay Optimal Health Products LLC.’s performance.
INDEMNITY You agree to defend, indemnify, and hold harmless Optimal Health Products LLC., its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including, but not limited to, reasonable legal and accounting fees, which are not limited to Florida’s Statewide Uniform Guidelines For Taxation of Costs in Civil Actions, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your use, misuse, or inability to use the Website, or Your breach of any of these terms and conditions of this Agreement. We shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. If we do not hear from You promptly, we reserve the right to defend such claim or suit and seek full recompense from You.
DISPUTE RESOLUTION BY BINDING ARBITRATION We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact Us with disputes by writing to Us Us at:
Optimal Health Products LLC 427 N. Tatnall Street, Suite 73055 Wilmington, DE 19801-2230, USA
We will contact You by letter to Your billing address You provided Us. Instead Of Suing In Court, We Each Agree To Arbitrate Disputes. We each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there is no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and conditions in this Agreement, the Terms of Use, and the Privacy Statement, and can award the same damages and relief, including any attorney’s fees authorized by law. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. We also each agree as follows:
“Disputes” are any claims (including the definition of “claims” contained in the section Limitation of Liability and Disclaimer of Warranty above) or controversies against each other related in any way to this Agreement, the Terms of Use, the Privacy Statement, or Your purchase and use of the Product. This includes claims You bring against Our affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents or other representatives, or that Optimal Health Products LLC. brings against You.
If either Optimal Health Products LLC. or You wants to arbitrate a dispute, We each agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Notice to You will be sent to Your billing address that You provided Us and notice to Us will be sent to: Optimal Health Products LLC. 427 N. Tatnall Street, Suite 73055 Wilmington, DE 19801-2230, USA.
We each agree to make attempts to resolve this dispute within forty-five (45) days of receipt of the notice to arbitrate, then We may submit the dispute to formal arbitration.
The FAA applies to this Agreement and arbitration provision. We each agree that the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
The arbitration will be administered by the National Arbitration Forum (“NAF”) under its arbitration rules. If any NAF rule conflicts with the terms of this Agreement, the terms of this Agreement apply. You can obtain procedures, rules, and fee information from the NAF at 1-800-474-2371 or www.adrforum.com.
Unless We each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in the state of Your last billing address. The federal or state law that applies to the Agreement will also apply during the Arbitration.
We each agree not to pursue arbitration on a consolidated or classwide basis. We each agree that any arbitration will be solely between You and Optimal Health Products LLC. (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator hold that this restriction in unconscionable or unenforceable, then this agreement to arbitrate does not apply and the dispute must be brought in court.
We each are responsible for our own costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. However, Optimal Health Products LLC. will cover any arbitration administrative or filing fee above: (a) $25 if You are seeking less than $1,000 from Optimal Health Products LLC.; or (b) the equivalent court filing fees for a court action in the appropriate jurisdiction if you are seeking $1,000 or more from us.
No Class Actions TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THATIS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSION OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITYON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
No Trial By Jury TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
GOVERNING LAW You agree that this Agreement and any issue or dispute arising out of or otherwise related to this Agreement or with Your use of our Website, Intellectual Property, the Terms of Use, the Privacy Statement, or any matter concerning Optimal Health Products LLC. shall be governed exclusively by the laws of the State of Delaware, excluding its conflict of law provisions.
SEVERABILITY If for any reason a court of competent jurisdiction finds any provision of this Agreement, the Terms of Use, the Privacy Statement, or any portion thereof, to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of the Agreement, the Terms of Use, and the Privacy Statement will continue in full force and effect.
NO WAIVER No waiver of or by Optimal Health Products LLC. shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
HEADINGS All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
COMPLETE AGREEMENT This Agreement constitutes the entire agreement between the parties with respect to Your access and use of the Website and Your ordering and use of the Products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
MODIFICATIONS OF AGREEMENT Optimal Health Products LLC. reserves the right to change any of the provisions posted herein and You agree to review these terms and conditions each time You visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes Your acceptance of such changes. Optimal Health Products LLC. does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by Optimal Health Products LLC. in writing, these terms and conditions may not be amended by You.
