Terms of Use and Disclaimer


This Web site (hereafter, "this Site") is owned and operated by Optimal Health and Performance LLC, a Minnesota (USA) company with its principal place of business in Eagan, Minnesota, for your personal, non-commercial use only.

Access to and use of this Site are subject to the following terms and conditions. By using this Site, you signify your assent to these terms of use. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms and conditions at any time. Such changes shall be posted on this page of optimalhealthperformance.com and shall become effective immediately upon posting. Visitors to this Site should periodically check for changes to these terms and conditions. Your continued use of this Site following the posting of changes to these terms and conditions (including our Privacy and Security Policy) will mean you accept those changes. Please e-mail any questions regarding this policy to brian@optimalhealthperformance.com.

Intellectual Property


This Site and all of its content including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, video material, and audio clips (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 owned or controlled by Optimal Health and Performance LLC and Brian Waldo or the party credited as the provider or owner of the Intellectual Property. Text, photographs, illustrations, and other materials from Optimal Health and Performance LLC are used with permission of Lattery Creations LLC (www.Lattery.com). The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of Optimal Health and Performance LLC and protected by U.S. and international copyright laws. All software used on this Site is the property of Optimal Health and Performance LLC or commercial software suppliers and is protected by U.S. and international copyright laws.

Except as provided in subparagraph 5 below, you may view, copy, download, or print material appearing on this Site subject to the following conditions:the material may only be used for your personal, non-commercial use; the material may not be modified; all copyright, trademark, and other proprietary notices contained in all such copies must be kept intact; the copyright notice and permission notice: "Copyright 2012 Optimal Health and Performance LLC. All rights reserved." must appear on each copy.

Any other actions including, but not limited to, the copying, modification, revision, reproduction, republication, uploading, posting, transmission, or distribution for commercial or non-personal purposes of any material or element from this Site including, but not limited to, the design or layout of this Site, individual elements of this Site's design, or the Optimal Health and Performance LLC logos without the express written permission of Lattery Creations, Optimal Health and Performance LLC, or other owners of the Intellectual Property is strictly prohibited. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited.

User Submissions


Any messages, suggestions, ideas, or concepts that are submitted shall become, and remain, the property of Optimal Health and Performance LLC. You agree that any submissions, in whole or in part, may be used by Optimal Health and Performance LLC or any of its affiliates for any purpose including reproduction, transmission, publication, broadcast, and posting. You additionally agree that Optimal Health and Performance LLC is free to use any ideas, concepts, techniques, or know-how contained in any communication you send to this Site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, and selling products based upon such information without any obligation to compensate you or anyone else for them. Do not transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic, or profane material, or any other material that could constitute or encourage conduct that could be considered a criminal offense or violate any law.

Trademarks


The trademarks, logos, and service marks (collectively, the "Trademarks") displayed on this Site are the Trademarks of Optimal Health and Performance LLC, and others. Nothing contained in this Site should be construed as granting by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Site without the written permission of Optimal Health and Performance LLC or the third party that owns the Trademarks displayed on this Site. Your use of the Trademarks displayed on this Site, or any other content on this Site, except as provided in these terms and conditions, is strictly prohibited.

Disclaimer, Limitations of Liability, and Indemnity


This Site could include technical or other inaccuracies or typographical errors.

OPTIMAL HEALTH AND PERFORMANCE LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENTS OR OF THE CONTENT OF ANY SITE OR SITES LINKED TO THIS SITE. THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.

This Site may include links to other Internet sites, both related and unrelated to this Site, which may be of interest to users. Additionally, other sites may link to this Site with or without the permission of Optimal Health and Performance LLC. Optimal Health and Performance LLC is not responsible for the content or availability of these sites. Descriptions of or references to companies, products, or publications not owned by Optimal Health and Performance LLC on this Site or any linked site do not imply any endorsement of such companies, products, or publications by Optimal Health and Performance LLC. Optimal Health and Performance LLC shall not be liable for any damages or costs arising out of or in any way connected with your use of any of the companies, services, or publications accessed through this Site.

Optimal Health and Performance LLC, its affiliates, their directors, officers, employees, shareholders, agents, or any others involved in the creation of this Site shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of your access to or use of any content of this Site or any sites to which this Site links or is linked. Nor is Optimal Health and Performance LLC responsible for or liable for any damage, including damage caused by viruses, to your computer, computer system, or other property during or on account of access or use of this Site or any sites to which this Site links or is linked.

Furthermore, you agree to defend, indemnify, and hold harmless Optimal Health and Performance LLC and its officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging, or resulting from, or related to, your use of the Site or your breach of any of the terms of this agreement.

Users Outside the U.S.


This Site is available internationally and may contain references to products or services not available in all countries. Optimal Health and Performance LLC does not market all of its products or services in all countries. Some Optimal Health and Performance LLC products sold outside of the United States may be formulated differently from the products referred to in this Site. Check the label for ingredient and nutrient information.

Applicable Law


This Site is created and controlled by Optimal Health and Performance LLC in the state of Minnesota, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. Optimal Health and Performance LLC makes no representations that materials on this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

The terms and conditions for use of this Site shall be governed by and construed in accordance with the statutes and the laws of the state of Minnesota, without giving effect to any principles of conflicts of law. You and Optimal Health and Performance LLC agree and hereby submit to the exclusive personal jurisdiction and venue of Dakota County, Minnesota, and the assigned United States District Court for the purposes of litigating any action arising from or relating to your use of this Site. If any part of these terms and conditions is declared unlawful, void, or for any reason unenforceable, then that part shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire Agreement between you and Optimal Health and Performance LLC with respect to the use of this Web site.
 

Copyright © 2017 Optimal Health & Performance, LLC. Privacy Policy. Legal.

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