WEBSITE TERMS AND CONDITIONS OF USE AND PURCHASE
Welcome to the optimalathlete.co (the “Website”). This Website has been created to provide you with videos and articles about physical training for your personal entertainment and education, along with accessories sold in the online store. The terms “we”, “us”, “our” and “OptimalAthlete” refer to My Health Detective LLC., a company incorporated in the USA. The term ‘you’ refers to the customer visiting the Website.
By visiting or using the Website, you consent and agree to be bound by these Conditions of use and purchase (the “Conditions of use and purchase’’) and the Privacy Policy.
Please read these terms and conditions carefully.
IF YOU DO NOT ACCEPT THESE CONDITIONS OF USE AND PURCHASE AND THE PRIVACY POLICY, PLEASE REFRAIN FROM USING THIS WEBSITE.
General
The Conditions of use and purchase exclusively govern access, use of this Website and possible purchases.
OptimalAthlete reserves the right to change these Conditions of use and purchase at any time at its sole discretion. Any change becomes effective from the date of posting on this Website. Your use of this Website will be subject to the latest version of the Conditions of use and purchase at the time of your usage. Your continued use of this Website after such changes constitutes your acceptance of these changes. Please review the Conditions of use and purchase regularly. If you do not agree to these Conditions of use and purchase or any changes made to them, please cease your use of this Website immediately.
The terms of these Conditions of use and purchase bind the user or customer personally and may not be assigned, transferred or exchanged.
Use of this Website
To access this Website, you need a compatible Web browser. You acknowledge and agree that OptimalAthlete can discontinue support of any Web browser and that, if such is the case, you will be required to download a compatible Web browser to continue using this Website. You also acknowledge and agree that the use of this Website depends on the proper functioning of your computer equipment and Internet connection.
OptimalAthlete grants you a personal, non-transferable, non-exclusive, revocable, and limited right to access the Website and use it for personal, non-commercial purposes.
It is your responsibility to ensure that by accessing this Website and the content made available to you on it or through it, you are acting according to the laws of each territory in which or through which you access this Website or its content.
You must be of legal majority age as per the laws where you reside to place any order through the Website or to use any of the services offered. By placing any order or by using the services, you confirm and warrant that you have the right, authority, and capacity to conform to all Conditions of use and purchase.
Medical Disclaimer
The Website has been created to provide you with videos and information about physical training for your personal entertainment and education. You alone are responsible for determining your physical limits and acting accordingly.
You should seek advice of a physician before beginning any training and exercise routine or program shown on the Website.
All content, including text, graphics, images and information contained on or available through this web site are for general information purposes only and only represent the opinion of the writers and contributors to the content.
By subscribing to OptimalAthlete or otherwise consulting or purchasing its content, you agree and understand that all the advice, tips and information you read are done so at the users own risk.
If you experience any pain or difficulty with these exercises, discontinue immediately and consult your physician.
OptimalAthlete offers no warranties or guarantees regarding the results of using the Website or the information contained herein.
Price
All prices displayed on the Website are indicated in the currency selected by the user and subject to applicable taxes. The price displayed or advertised is subject to change without prior notice and at the sole discretion of OptimalAthlete.
Despite our best efforts, it is possible that a service displayed or advertised on the Website or through any other means may indicate a wrong price. In such case, we will contact you in a timely manner and we will cancel your order.
THE WEBSITE AND ITS CONTENT SHALL NOT BE CONSIDERED AS AN OFFER TO SELL PRODUCTS OR SERVICES, THEY ARE PROVIDED FOR INFORMATION PURPOSES ONLY.
Privacy
The confidentiality of the personal information you provided is of great importance to us. We also believe it is important to inform you on how we process your personal information. We thereby encourage you to carefully read our privacy policy (‘’Privacy Policy’’) .
Information collected through the Website
OptimalAthlete collects anonymous information about the use of its Website to know which pages were viewed by its users and compile statistics about them, their use of the Website, and the frequency of use of hyperlinks. This information is collected through an analytical platform (e.g. Google Analytics), log files, and cookies.
Electronic communications
By using the OptimalAthlete service, you consent to receiving electronic communications from OptimalAthlete relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the OptimalAthlete service, or in the “Your Account” page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with OptimalAthlete. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new OptimalAthlete content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply click the unsubscribe button located at the bottom of OptimalAthlete’s Newsletter or contact us. Please review our Privacy Policy for further details.
Your account
By using the Website, you are responsible for ensuring the confidentiality of your account and password, and of limiting access to your computer. You also agree to assume full responsibility for all transactions carried out in your account with your password. OptimalAthlete reserves the right to refuse to serve any customer or to terminate an account at its sole discretion.
Copyrights and trademarks
All videos, audio clips, texts, graphics, photographs, trademarks, logos, music, sounds, visual interfaces, artwork, programs, computer codes and any and all other intellectual properties (the “IP”) are owned, controlled or licensed by or to OptimalAthlete or My Health Detective LLC and are protected by copyrights and law. When accessing and browsing on the Website, you agree not to copy, distribute, modify, transmit, duplicate, print, reuse, re-post, publicly display, encode, translate, in any way, or infringe, in any way, the rights related to the IP.
Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use, other than individual, non-profit use, any IP without the prior written permission of OptimalAthlete or such third party that may own rights to such IP. Any unauthorized use of the IP may violate copyright laws, trademark laws and other laws and regulations. Violators will be prosecuted.
“OptimalAthlete” and the OptimalAthlete logo, are trademarks and and trade names of OptimalAthlete, all of which are property of My Health Detective LLC. The names and logos of other products and services mentioned on the Website are the trademarks, service marks, and trade names used by their respective owners. The display of trademarks, service marks or trade names on the Website does not convey or create any license or other rights related to these trademarks, service marks, and trade names.
Any unauthorized use, modification, or copying of the content of this Website or of any OptimalAthlete trademark is strictly prohibited
Comments, communications, and other content
You can post comments and other content, submit questions, suggestions, ideas, and other information (collectively referred to as the ‘’content’’) in the spaces provided for this purpose on the Website, as long as their content is not illegal, defamatory, obscene, harassing, hateful, or threatening, does not infringe upon privacy, or any intellectual property rights, or the rights of third parties, and does not contain any spam or electronic commercial messages.
OptimalAthlete reserves the right (but not the obligation) to delete or modify such content, but does not regularly review content posted by third parties on the Website. If a user notifies OptimalAthlete about content that does not conform to the Conditions of use and purchase, OptimalAthlete may verify the content and decide at its sole discretion to delete the content or request its removal. OptimalAthlete assumes no responsibility or obligation to the performance or non-performance of such activities.
If you post content or send an e-mail to OptimalAthlete, you consent that this content is not confidential, and grant OptimalAthlete the non-exclusive, royalty-free, perpetual, irrevocable, and fully-transferable right to use, make, have made, produce, reproduce, modify, edit, adapt, publish, represent, translate, create derivative works from, distribute, communicate to the public by telecommunication, and display such content anywhere in the world through any media. In addition, you grant OptimalAthlete and its transferees the right to use the name that you submit in connection to such content, if they choose. By posting or submitting content, you assume full responsibility for it. You indemnify OptimalAthlete against any claims arising from the content you post or submit. OptimalAthlete has the right, but not the obligation, to verify, modify, or remove any content. OptimalAthlete takes no responsibility for the content posted by you or by any third parties. OptimalAthlete makes no representation or warranty on the veracity, accuracy, or reliability of the content posted by users of the Website and does not endorse any views expressed by them.
Links provided on the Website
The Website contain links to other websites operated by parties other than OptimalAthlete. Such hyperlinks are provided for your reference and convenience only. You acknowledge and agree that OptimalAthlete is not responsible or liable for the availability or accuracy of such websites or resources; or the content, products, or services on or available from such websites or resources.
We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources. Other websites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit. If you choose to access any third party Website through this Website, you do so at your own risk.
No Endorsement
By using the Website, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other third parties will be limited to a claim against the particular third party who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from OptimalAthlete with respect to such actions or omissions.
Termination
You acknowledge and agree that OptimalAthlete can, at its sole discretion and without prior notice, suspend or terminate your use of the Website, or your access to the Website, and remove all related content for any reason, including if OptimalAthlete believes that you have violated one of these Conditions of use and purchase. You also agree that OptimalAthlete shall not be liable to you or any other person as a result of such suspension or termination.
Limitation of liability
You agree that under no circumstance can OptimalAthlete, its partners, affiliated companies and suppliers, as well as their respective directors, officers, employees, consultants, agents, representatives, and respective suppliers be liable for any direct, indirect, special, consequential, or punitive damages (including, but not limited to, damage resulting from loss of profit, loss of data, or interruption of activities) resulting from the use, the inability to use, or the results from the use of this Website (including the content and information contained on this Website or any related Website), as well as for any security problem or related loss arising from the use of this Website, whether based on warranty, contract, civil responsibility, or any other legal theory, and whether or not OptimalAthlete is advised or not of the possibility of such damages.
OptimalAthlete makes no representation or warranty that the content, information, or material, including downloadable software, which may be accessed from the Website will be exempt or free of interruptions, errors, defects, viruses, or other harmful components, or that any such problems which are discovered will be corrected.
Except where prohibited by law, in no event will OptimalAthlete be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if OptimalAthlete has been advised of the possibility of such damages.
Where allowed by law, if, notwithstanding the other provisions of these Terms of Use, OptimalAthlete is found to be liable to you for any damage or loss which arise out of or is in any way connected with your use of the Website, OptimalAthlete’s liability shall in no event exceed the greater of the total of any fees with respect to any service or feature of or on the Website paid in the three months prior to the date of the initial claim made against OptimalAthlete; or 50$.
ALL CONTENT AND INFORMATION APPEARING ON THIS WEBSITE ARE PROVIDED ON AN ‘’AS IS’’ BASIS, AND ALL REPRESENTATIONS, WARRANTIES, AND EXPRESS CONDITIONS, IMPLICIT OR ARISING BY LAW OR BY USAGE OF TRADE ARE EXCLUDED TO THE EXTENT PERMITTED BY LAW.
Indemnity
You agree to indemnify and hold OptimalAthlete, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Website.
Applicable laws
This Website is controlled and operated by OptimalAthlete from Michigan, USA, and these Conditions of use and purchase, the Website, its use, and any transactions carried out on or from it are governed by the laws of Michigan and the laws of the USA applicable therein, without regard to conflict of law principles. By using the Website, you irrevocably agree to submit to the jurisdiction of the courts of the district of Michigan, USA.
Partial invalidity
If a provision of the Conditions of use and purchase is declared by a court of relevant jurisdiction to be invalid, that provision shall be deemed severable from these Conditions of use and purchase and shall not affect the validity of any other provision hereof.
Use
If you have any problems viewing a page of the Website, please contact us.
SPECIFIC TERMS AND CONDITIONS FOR PURCHASE
You agree to immediately pay for any and all products or services you purchase on the Website. Payment may be required before said products and services are delivered or made available for delivery or downloaded to you.
Watching the videos with the audio on the site requests access to an internet connection. Make sure you have the Internet connection before proceeding with the purchase of a subscription. We agree to a full refund for a subscription or downloading in a period of 1 days of purchase with valid reason. No refunds will be made after the period of 1 days following a purchase.
Programs (downloadable products):
We allow a complete refund of a training program or paid download within a 24-hour period, when requested with a valid reason. No refunds will be made after the 24-hour period following a purchase.
Products other than online coaching
Training Programs (Watching and downloading)
Watching the videos with audio online requires access to a good quality and high speed download internet connection. Please make sure you have access to said internet connection before proceeding with the purchase of a training program or a subscription.
Product Availability (physical product)
Note that some products may need a special order, may not be available in some areas or in both official languages and are indicated as such. OptimalAthlete reserves the right to modify the status of availability of a product without notice. OptimalAthlete will not be held responsible concerning shipping delays caused by delivery companies. OptimalAthlete has the right, at its discretion, to limit quantities, refuse orders, close accounts or cancel orders. All accessories associated to a product are not included unless mentioned.
Product Shipping
OptimalAthlete uses a reliable delivery company to ensure its customers a professional and secure shipment of products. Most of the products ordered will be shipped within five (5) working days following the order receipt. However, delays and shipping rates may vary depending on the destination, the type of shipping chosen and the availability of the product from suppliers. The shipping rates are established according to the size, the weight, the destination and type of shipping and are charged to the customer. For all products that are shipped outside USA, the customer is responsible for the payment of all customs or other fees applicable to imports for that particular country. OptimalAthlete cannot be held responsible for any damages or modifications incurred during shipping.
Warranty, Refund and Exchange Policy
All sales physical products are final. No exchange or refund will be accepted, except if the product has a manufacturing defect or in a bad condition.
Also, to be eligible for a return, your item must be unused and in the same condition you received it. It must also be in the original packaging. All items returned under this policy must be returned with the receipt for a replacement to be issued.
Responsibility
You acknowledge that all sports or fitness activities which you may perform, your participation in any activity offered by OptimalAthlete, and your use of the Online Coaching services or Web site carry inherent risks, and that they are entirely at your own risk. Consequently, you hereby release and grant a full, final, complete and definitive discharge to OptimalAthlete and its representatives, employees, shareholders, directors, officers, management, agents, representatives, insurers, heirs, executors, successors, and assigns, or any other person for whom OptimalAthlete is responsible, from all liability, demand, cause of action, claim, recourse, action, conflict, dispute and/or pursuit of any kind or nature whatsoever, in law or in equity, present or future, resulting directly or indirectly from the use of any of the Services or the Web site, or from your participation in any of the sports or fitness activities provided by OptimalAthlete through the Web site, renouncing to such a demand, cause of action, claim, recourse, action, conflict, dispute and/or pursuit, save in the event of the personal acts of OptimalAthlete or its representatives and for which the onus falls upon you.