We welcome you to the Optimal State® App (the “App” or “Optimal State®App”) and Optimal State®App.com. The app is designed to provide information about health, wellness and sustainability, sell product, and to create a community of like-minded people interested in the topics we discuss (the “Service”). The App is owned by Optimal State LLC. PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE APP and OptimalStateApp.com.
- Acceptance of Terms.This Terms and Conditions of Use Agreement (this “Agreement”) sets forth legally binding terms for your use of the App. By using our App, you agree to be legally bound by this Agreement, whether you are a “Visitor” (which means that you simply browse our App) or you are a “Member” (which means that you have registered on our App as a user). We may modify this Agreement from time to time, and such modification shall be effective upon its posting on our App. You agree to be bound by any modification to this Agreement when you use our App after any such modification is posted; it is therefore important that you review this Agreement regularly.
- General Registration Requirements.If you wish to become a Member, communicate with other Members and otherwise make use of the Service, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on our App (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Optimal State LLC reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Use of the Service and membership on our App is void where prohibited.
- Minors.Due to the nature of the internet, we cannot prohibit minors from visiting our App. However, all users who register with our App must be 18 years of age or older.
- Member Account, Password and Security.If you register on our App, you will be required to choose a password and user name, and you may be asked for additional information regarding your account, such as your e-mail address. You are responsible for maintaining the confidentiality of the password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Optimal State LLC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You further agree not to use anyone else’s password on the App. Optimal State LLC will not be liable for any loss or damage arising from your failure to comply with this paragraph.
- Prohibited Conduct.You agree not to use the Service to post or otherwise transmit information, data, text, images, files, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”) that:
- is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter;
- collects, stores or solicits personal information;
- provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
- involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person’s consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;
- disrupts, overburdens or otherwise interferes with the Site, the Services, or the networks or servers used by Bunker Mode;
- impersonates any person or entity or misrepresents your connection or affiliation with a person or entity; or
- contains a virus or other harmful component.
- Submissions to the App.The App may contain areas that allow for user interaction, including blogs, forums, bulletin board services, chat areas or other message and communications features (“Interactive Area(s)”). You acknowledge that the App and the Interactive Areas are public and do not provide for private communications; therefore, any information or content you post to the App may be read by others. We recommend that you avoid posting or otherwise disseminating any personally identifiable information on the App. We do not endorse or control the content, messages or information found in any Interactive Area and, therefore, Optimal State LLC specifically disclaims any liability with regard to the Interactive Areas and any actions resulting from your participation in them.
- Responsibility for Content.You, and not Optimal State LLC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Optimal State LLC does not control the Content posted via the Service and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will Optimal State LLC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
- Rejection/Removal of Content.You acknowledge that Optimal State LLC may or may not pre-screen Content posted on our App, but that Optimal State LLC shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, in its sole discretion, for any reason. Without limiting the foregoing, Optimal State LLC shall have the right to remove from our App any Content that violates this Agreement or is otherwise objectionable in the sole discretion of Optimal State LLC, or to restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Service by any person, please contact Optimal State LLC.
- Preservation/Disclosure.You acknowledge, consent and agree that Optimal State LLC may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Optimal State LLC, its Members and the public.
- Security Components.You understand that our App and software embodied within our App may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Optimal State LLC and/or content providers who provide content to Optimal State LLC. You may not attempt to override or circumvent any such security components and usage rules embedded into our App.
- Non-commercial Use.The Service may not be used in connection with any commercial purposes, except as specifically approved by Optimal State LLC. Unauthorized framing of or linking to our App is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of membership privileges.
- License to Your Content.By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “posting”) any Content on or through our App or the Service, you hereby grant to Optimal State LLC a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through our App, in print, or in any other format or media now known or hereafter invented, without notification, compensation, or attribution to you, and without your consent. If you wish to remove any Content from the Service, your ability to do so may depend on the type of Content, the location and manner of posting, and other factors. You may contact us to request the removal of certain Content you have posted, but Optimal State LLC has no obligation to remove any such Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such Content and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any Content posted by you may remain on Optimal State LLC’s servers after the Content appears to have been removed from our App, and Optimal State LLC retains the rights to all such remaining copies. If you wish to keep any Content, information, metadata, ideas, concepts or inventions private or proprietary, do not post or submit them to the Interactive Areas, Optimal State LLC or the Site. You agree that in the event Optimal State LLC receives any royalties, compensation or other payments associated with exercising the rights granted to it under the license granted in this provision, you shall not claim any right to any portion of such royalties, compensation or other payments. You further agree that Optimal State LLC may, in its sole discretion, use any Content for which it has a license in a manner that may link to, refer to or reference your name, such as use of your Content on the App or an affiliated or partner App. You represent and warrant that: (i) you own all right, title and interest in all Content posted by you on or through our App or the Service, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through our App or Service does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
- App Content.All offers, invitations, discounts, promotional codes, packages and pricing are subject to change at any time. The information on the App may contain inaccuracies and typographical errors, including, but not limited to, inaccuracies relating to pricing or availability that are applicable to your transaction. Optimal State LLC shall not assume any responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor transactions or information affected by such inaccuracies. Optimal State LLC reserves the right to make changes, corrections, cancellations and/or improvements to the information on the App, and to the products and packages described on the App, at any time without notice, including after confirmation of a transaction.
It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the App. You acknowledge that you may not rely on any content on the App. Optimal State LLC does not endorse or represent the reliability, accuracy or quality of any information, or non-Optimal State LLC goods, services or products displayed or advertised on the App. We make no representations or warranties, express or implied, with respect to the information provided on this App.
- Professional Advice Disclaimer. Optimal State LLC OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE Optimal State LLC SITE OR HEARD ON THE Optimal State LLC SERVICE. THE USE OF INFORMATION PROVIDED THROUGH THE Optimal State LLC SERVICE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THE Optimal State LLC SITE OR AVAILABLE THROUGH ANY Optimal State LLC SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE Optimal State LLC SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND Optimal State LLC MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE Optimal State LLC SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
- Optimal State LLC and Third Party Intellectual Property.Our App contains the Content and Intellectual Property of Optimal State LLC (“Optimal State LLC Content”), and Content of third party licensors to Optimal State LLC (including content provided by users of our App, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. Optimal State LLC owns and retains ALL rights, title and interest in the Optimal State LLC Content. Those portions of the Site and the Services owned by Optimal State LLC are the copyright of Optimal State LLC. All rights reserved. You agree that all of Optimal State LLC’s trademarks, trade names, service marks, logos and service names are trademarks and are property of Optimal State LLC (the “Optimal State LLC Marks”). You agree not to display or use in any manner the Optimal State LLC Marks, without the express prior permission of Optimal State LLC. Optimal State LLC hereby grants to you a limited, revocable, non-sublicensable license to reproduce and display a single copy of the Optimal State LLC Content and any third party Content located on or available through our App or Service (excluding any software code therein) solely for your personal, non-commercial use in connection with viewing our App and using the Service. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through our App or Service.
- International Use.Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
- Notice And Procedure For Copyright Infringement Claim.Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), Optimal State LLC reserves the right, but not the obligation, to terminate your right to use the App if Optimal State LLC determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. Optimal State LLC accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), as amended, Optimal State LLC has implemented or will implement procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. The designated agent of Optimal State LLC to receive notification of claimed infringement is: The Law Office of Roland Tong, 7700 Irvine Center Drive, Suite 800, Irvine, CA 92618 Email: firstname.lastname@example.org.Optimal State LLC respects the intellectual property of others, and we ask our users to do the same. Optimal State LLC’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Optimal State LLC to delete, edit, or disable the material in question, you must provide Optimal State LLC with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Optimal State LLC to locate the material; (d) information reasonably sufficient to permit Optimal State LLC to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Optimal State LLC either by e-mail, or by U.S. mail to our designated agent for notification of infringement.
- Member Disputes.You are solely responsible for your interactions with other Members. Optimal State LLC reserves the right, but has no obligation, to monitor disputes between you and other Members.
- Termination.You may terminate your membership at any time, for any reason, by following the instructions on the Profile page. You agree that Optimal State LLC, in our sole discretion, may terminate your account or your access to our App or the Service immediately, with or without notice to you, and without liability to you, for any reason, including, without limitation, if Optimal State LLC believes that you have breached any of the terms of this Agreement or acted inconsistently with the letter or spirit of the Agreement, furnished Optimal State LLC with false or misleading information, or interfered with use of the App or the Service by others.
- Disclaimer of Warranties.You expressly understand and agree that:
YOUR USE OF THE APP AND THE SERVICE IS AT YOUR SOLE RISK. THE APP AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Optimal State LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE SERVICE, THE APP, AND ANY THIRD PARTY APP WITH WHICH THEY ARE LINKED.
Optimal State LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE APP OR THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE APP OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES); (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP OR SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APP OR SERVICE WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS IN THE SITE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (VI) THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR APP OR THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Optimal State LLC OR THROUGH OR FROM THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Limitation on Liability.To the fullest extent permitted by applicable laws, in no event will Optimal State LLC, its affiliates, subsidiaries, employees, agents, suppliers, or contractors be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with the use of the Service, the App or any app with which they are linked, even if Optimal State LLC has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Optimal State LLC’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Optimal State LLC for the Services. Otherwise, if you are dissatisfied with any portion of the App, or with this Agreement, your sole and exclusive remedy is to discontinue using the App. Without limiting the generality of the foregoing, Optimal State LLC will not be liable for:
- the contents of any communication, message, or information posted by you or other third parties;
- the content of any app not controlled, owned, or operated by Optimal State LLC that is accessed from or linked to this App;
- the content, services or information provided by any app purporting to be operated by Optimal State LLC or its affiliates, but not actually affiliated with, controlled, owned, or operated by Optimal State LLC; and
- any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure.
You further specifically acknowledge that Optimal State LLC is not liable, and you agree not to seek to hold Optimal State LLC liable, for the conduct of third parties, including other users of the Services and operators of external apps and that the risk of use of the Services and external apps and of injury from the foregoing, rests entirely with you.
- Exclusions and Limitations.Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
- Indemnity.You agree to indemnify, defend, and hold harmless Optimal State LLC, its affiliates, subsidiaries, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement; your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity; your use of the App; or your connection to the App. Optimal State LLC will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
- Additional Terms.We may also require you to follow additional rules, guidelines or other conditions (“Additional Terms”) in order to participate in certain promotions or activities available through our App, to obtain certain premium Content through our App, or for other reasons. In addition, certain Additional Terms will govern any purchases you make through the online stores located on our App. These Additional Terms will be posted on the relevant portions of our App or on the portions of our App that describe the specific promotions, Content, or activities. These Additional Terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such Additional Terms.
- Modification and Discontinuation.We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or our App (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or our App.
- Choice of Law and Forum.This Agreement and the relationship between you and Optimal State LLC shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Optimal State LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Orange, California.
- Waiver and Severability of Terms.The failure of Optimal State LLC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
- Statute of Limitations.You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the App, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Headings.The section headings and sub-headings contained in this Agreement are for convenience only and have no legal or contractual effect.
- Questions.If you have any questions regarding this Agreement, please contact us by email, or by mail at P.O. Box 9059 Cedarpines Park, CA 92322.