OPTIMAL EYES SERUM
TERMS AND CONDITIONS
CAREFULLY READ AND AGREE TO PURCHASE TERMS BELOW BEFORE ORDERING:
ATTENTION: This is a binding agreement between You, the person or entity agreeing to the terms contained in this document ("You", "Your" or "Customer"), and Optimal Originals Inc ("Optimal Originals Inc", "Our" or "Company") the owner and administrator of this Website and all content and functionality contained herein.
THIS DOCUMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECTS YOUR LEGAL RIGHTS. IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY PRODUCT THROUGH THE WEBSITE.
A. 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" or this "Agreement"), govern Your use of and access to this Website and any and all of its sub-pages (collectively, the "Website").
B. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest Your agreement to the terms in this document by any act demonstrating Your assent thereto, including clicking any button containing the words "I agree" or similar syntax, or by merely accessing the Website, whether You have read these terms or not. It is suggested that You print this form for Your personal records.
C. Optimal Originals Inc reserves the right to revise, amend, or modify this policy and Our other policies and agreements related to the Website at any time and in any manner, without prior notice to You. Accordingly, You should periodically check this page for any modifications of these Terms.
D. If You do not agree to be bound by these Terms, You may not enter, access or use the Website, or purchase any products through this Website, and 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. You further agree not to use or access Website if doing so would violate the laws of Your state, province or country.
E. At the bottom of this page appears a "last modified" date. If the "last modified" date remains unchanged, then You may presume that no changes have been made since the "last modified" date. A changed "last modified" dates indicates that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
2. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
You and Optimal Originals Inc agree that any dispute between us (including disputes against any agent employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to Our Website, the services provided through Our Website, any transaction or relationship between us resulting from Your use of Our Website, communications between us, or the purchase, order, or use of Our products, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. You and Optimal Originals Inc agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ("FAA"), and not by any state or provincial law concerning arbitration. You and Optimal Originals Inc further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (â€œAAAâ€?), and conducted under AAAâ€™s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the â€œAAA Rulesâ€?) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If you initiate an arbitration, Optimal Originals Inc will promptly reimburse you for any standard filing fee which may have been required by AAA once you have notified Optimal Originals Inc in writing and provided a copy of the arbitration proceedings. However, if Optimal Originals Inc is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneysâ€™ fees and costs to Optimal Originals Inc. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum.
There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person's claims against Optimal Originals Inc and may not preside over any kind of representative or class proceeding against Optimal Originals Inc, its agents, officers, shareholders, members, employees, subsidiaries, affiliates, predecessors in interests, successors and/or assigns. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST Optimal Originals Inc, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING, NOT USE OUR PRODUCT OR WEBSITE, AND RETURN THE PRODUCT FOR A REFUND WITHIN 14 DAYS OF YOUR FIRST ORDER OF THE PRODUCT.
3. ORDERING PRODUCTS THROUGH THE WEBSITE; POLICIES.
If You have any questions please contact Our Customer Service Department toll-free at 877-421-4792. Our Customer Service Department is open Monday thru Friday 10am-6pm Eastern Standard Time. After 30 days from the original purchase all sales are final. Sales before 30 days will be handled by customer service on a case by case basis.
Our product is offered in varying packages for purchase as follows:
If you choose this package you will receive 6 Bottles for $299.99 (Buying this package will give you a total savings of $239.35).
If you choose this package you will receive 3 Bottles for $158.85 (Buying this package will give you a total savings of $110.82).
If you choose this package you will receive 1 Bottles for $85.35 (Buying this package will give you a total savings of $4.54).
From time to time, Optimal Originals Inc may extend trial offer's to its customers on certain promotional items. If you subscribe to a trial offer you are responsible for accepting the following terms and conditions.
By placing your order you'll be shipped a 30 day supply of the promotional trial product and billed only $4.99 shipping and handling. You should receive your product within 2-5 business days after you've placed your order. If you feel the promotional product is not for you, cancel within 14 days from your order date to avoid the purchase fee of $89.89 and enrollment in the Exclusive Optimal Originals Inc Home Delivery Program which sends you a 1 month supply every 30 days starting approximately 30 days from the day of your initial order and bills you $89.89 plus shipping and handling of $4.99. To cancel at anytime call 877-421-4792. You will need to generate a Return Merchandise Authorization (RMA) number. Customer is responsible for return postage.
Although you can return your product from an ongoing product shipment, you cannot return product from the trial once the trial has elapsed and you have been billed for the product. The initial charge of $89.89 cannot be refunded.
For subsequent shipments in the program, you may only return the most recent complete shipment for credit. We do not charge a restocking fee. As long as the product is unopened with its seal intact and in good, marketable condition without package blemishes, you will be refunded the complete amount you were charged for the product. Shipping charges are not refundable.
To receive a refund for a returned product from an ongoing product shipment (not the trial shipment), you must request an RMA (Returned Merchandise Authorization Number) within 30 days of the last shipment and this RMA must be written on the package in order for credit to be issued. All shipping charges are the responsibility of the customer.
- Expedited Shipping may be purchased for any package for $1.99 extra, please see below for Shipping Protection Terms and Conditions***
**Expedited Shipping Terms and Conditions:
Expedited Shipping is available for purchase for $1.99 on all order options. If the shipping protection option is added to the order we will guarantee your order arrives within 3-7 business days or you may contact customer service within 30 days of your original order and receive a full refund on your shipping protection charge. Please note: Your original order MUST be returned intact and UNOPENED to receive your full refund and you will still be liable for whatever product you opened and used even if you have purchased the shipping protection. After 30 days from the original purchase all sales are final.
All orders are shipped via United States Postal Service First Class Mail or by UPS mail or by Canada Post. We ship the day after you place your order. Orders placed on the weekend will be shipped the following business day. Packages are scheduled to arrive within 3-5 business days, but if you are worried about transit time we suggest you purchase shipping protection to avoid any issues. Please be advised that shipments are not sent out on Saturdays, Sundays, or any Holidays. We do not guarantee arrival dates or times.
REFUNDS AND RETURNS:
SATISFACTION: We want You to be satisfied with our products and services. If you are ever not satisfied with any product that you ordered, you may call our customer service department toll-free at 877-421-4792 and request a refund. If you are calling about refunding a purchase, our customer service team will handle it on a case by case basis. More stipulations to our refund policy are as follows:
A. Customers are restricted to receiving a single refund per Product ordered. Repetitive refunds are not permitted unless the Product, as delivered to You, is defective. Optimal Originals Inc reserves the right to refuse a refund to any customer who repeatedly requests refunds or who, in Optimal Originals Inc's judgment, requests refunds in bad faith.
B. In order to process Your refund, You must supply Optimal Originals Inc with Your name and delivery address. If You provide us with insufficient or incorrect information, Your refund will be delayed.
C. Depending on the bank that issues the credit card You used, Your refund can take up to thirty (30) days to appear on Your credit card statement. If You have any questions about whether a refund has been issued by Optimal Originals Inc, please call Our Customer Service Department toll-free at 877-421-4792.
D. Credit Card Descriptor. By ordering Products from Optimal Originals Inc, You authorize Optimal Originals Inc to charge Your credit card accordingly. Please be aware that the descriptor (or subject line) that appears on Your credit card entry will refer to Optimal Originals Inc. If You have any questions about the descriptor on Your credit card statement, You should call Our Customer Service Department toll-free at 877-421-4792.
E. Modifications. We reserve the right to modify the prices charged for the Products, or to add or remove any Products, from the Website at any time without prior notice to You. Price quotes provided to You prior to any price modification shall be honored.
F. Billing Errors. If You believe that You have been erroneously billed, please notify Our Customer Service Department toll-free at 877-421-4792 immediately of such error.
G. If you are not satisfied with your order for any reason, simply contact us. Please allow 3-4 business days for refunds to process. To request a refund you will need to contact us at 877-421-4792 Monday to Friday from 10am to 6pm EST. Please note that we are not responsible for lost or stolen items. Failure to use the product(s) does not constitute a basis for refusing to pay any associated charges. If You wish to cancel an order of Product You must contact Our Customer Service at 877-421-4792 Monday to Friday from 10am to 6pm EST. When emailing us, please include your full name and address, as well as the name of the Product(s) that you ordered. You will be responsible for payment for any Product that has either A) already been shipped to You or B) already been delivered to you at the time of your call.
In order to return your item(s)for a full refund of the purchase price, minus a 15% restocking fee, any shipping, handling, insurance, or other charges, all items must be returned unused in good condition, in original boxes, via a tracked shipment method and with all paperwork and accessories to ensure full credit.
WE WILL NOT HONOR EMPTY BOTTLE RETURNS!
4. REPRESENTATIONS; DISCLAIMERS
A. It is Our intention to provide You with the finest products available, and we believe in the efficacy of every Product we sell. You understand, however, that Our Products have not been evaluated by the FTC, and Our Products are not intended to diagnose, treat, cure or prevent any disease. Individual results will vary, and not every trade is will make you money.
B. You agree that You either have consulted, or will consult, with a physician before taking any of Our Products, and You will cease immediately taking Our Products if You experience any ill effects or unintended side effects of any Product.
C. We endeavor to provide You with accurate information about Our Products. You understand and agree that the information we convey about or 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 we 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.
D. 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.
E. You must refer to the manufacturerâ€™s specifications or warranty documentation to determine Your rights and remedies in this regard.
5. OWNERSHIP; INTELLECTUAL PROPERTY.
A. The Website, and all images and content at the Website (collectively, "Materials"), are the sole and exclusive property of Optimal Originals Inc or its licensors. No license or ownership rights in or to any of the Materials are conveyed to You by virtue of this Agreement or by Your purchase of any Product from the Website.
B. The Materials are protected by the copyright and trademark laws of the Optimal Originals Inc country or residence. Unless otherwise permitted by law, none of the Materials may be reproduced by You without Optimal Originals Inc's prior written permission.
6. YOUR REPRESENTATIONS.
You hereby represent and warrant that:
A. You are age eighteen or older;
B. You have read this Agreement and thoroughly understand the terms contained in this Agreement;
C. Any Products You purchase from the Website will be used for Your personal, non-commercial use;
D. You will not re-sell, re-distribute or export any Product that You order from the Website;
E. Optimal Originals Inc has the right to rely upon all information provided to Optimal Originals Inc by You;
F. Optimal Originals Inc 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.
Without the express prior written authorization of Optimal Originals Inc, You may not:
A. Duplicate the Website (except as expressly provided elsewhere in this Agreement or as permitted by law);
B. Create derivative works based on the Website or any of the Materials;
C. Remove any copyright or other proprietary notices from the Website or any of the Materials contained therein;
D. Frame or utilize any framing techniques in connection with the Website or any of the Materials;
E. Use any meta-tags or any other "hidden text" using the Websiteâ€™s name or marks;
F. "Deep-link" to any page of the Website;
G. Circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another personâ€™s user name and password in order to gain access to a restricted area of the Website);
H. Use any data mining, bots, or similar data gathering and extraction tools on the Website;
I. 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,
J. Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure.
A. 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.
B. We reserve 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 customerâ€™s real name, address, or other contact information.
9. LIMITATION OF LIABILITY; NO WARRANTIES.
A. In no event shall Optimal Originals Inc or its officers, directors, employees or subcontractors 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 or otherwise, for any claim, cause of action, fee, expense, cost or loss (collectively, "Claims") arising from or related to this Agreement, the Products, or Customerâ€™s use of the Website or any Product.
B. Except as otherwise specifically stated in this Agreement, the Website and all Products and services provided to You are provided "as is", without any warranty whatsoever.
C. You agree that Optimal Originals Inc'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 Originals Inc in the one (1) month period immediately preceding the incident on which Your Claim is based. This limitation of liability shall apply for all Claims, regardless of whether Optimal Originals Inc was aware of or advised in advance of the possibility of damages or such Claims.
D. 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 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.
You agree to defend, indemnify, and hold harmless Optimal Originals Inc, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your 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.
Any notice required to be given under this Agreement to You may be provided to You by postal mail or by email. If notice is sent by email, such notice shall be sent to the last known email address that You provided to Us, and shall be deemed delivered once sent. Notices by customers to Optimal Originals Inc must be sent in writing to the following address: Optimal Originals Inc, Attention: Optimal Originals Inc PO Box 310, Geneseo, NY, 14454-0310
12. FORCE MAJEURE.
Optimal Originals Inc 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 the Optimal Originals Inc's performance.
13. MISCELLANEOUS. * Governing Law. This Agreement and all matters arising out of, or otherwise relating to, this Agreement shall be governed exclusively by the laws of the State of Nevada, excluding its conflict of law provisions. Venue for any matter arising from or related to this Agreement shall exist solely and exclusively in Douglas County, Nevada, and the parties hereby submit to the personal jurisdiction of the state and federal courts sitting in Douglas County, Nevada for such purpose.
* Rights to Injunctive Relief. Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other partyâ€™s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
* Assignment. The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.
* Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
* Attorneysâ€™ Fees. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorneyâ€™s fees and costs incurred in connection therewith, including attorneyâ€™s fees incurred on appeal.
* No Waiver. No waiver of or by Optimal Originals Inc 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 constitute 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. Optimal Originals Inc 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 Originals Inc does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by Optimal Originals Inc in writing, these terms and conditions may not be amended by You.
Effective on January 1, 2018
This privacy statement describes how Optimal Originals Inc collects and uses the personal information you provide on our Web site: www.myoptimaleyes.com. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.
We collect the following personal information from you:
As is true of most Web sites, we automatically gather information about your computer such as your IP address, browser type, referring/exit pages, and operating system.We use this information to:
You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or you can contact us at [email protected]Social Networks
We enable you to create a profile, and share information such as messages, photos, and videos with others within your network. We cannot control the actions of others with whom you may choose to share your pages and information. Also we cannot guarantee that the content you post on our site will not be viewed by others outside your network.Information Obtained from Third Parties
We obtain address information about you from third party sources, such as the US Postal Service, to verify your address so we can properly ship your order to you and to prevent fraud.
We purchase marketing data about our customers from third parties and combine it with information we already have about you, to create more tailored advertising and products.
We obtain credit information about you from an outside credit reporting agency to help us with customer authentication and credit-related decisions.
If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.
We will share your information with third parties only in the ways that are described in this privacy statement.
We may provide your personal information to companies that provide services to help us with our business activities such as shipping your order or offering customer service. These companies are authorized to use your personal information only as necessary to provide these services to us.
We may disclose your personal information
We share your personal information with other companies so that they can market their products or services to you. If you do not want us to share your personal information with these companies, contact us at [email protected].GoogleCheckout
We use Google AdSense to serve ads on this site. When you view or click on an ad a cookie will be set to help better provide advertisements that may be of interest to you on this and other Web sites. You may opt-out of the use of this cookie by visiting Google’s Advertising and Privacy page: http://www.google.com/privacy_ads.html
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.
If you have any questions about security on our Web site, you can contact us at [email protected]
We provide two means for you to make a purchase on our site. You can either use our order form or a third party checkout option. If you use our shopping cart, the transmission of sensitive information collected on our order form is encrypted using secure socket layer technology (SSL). If you choose to use a third party checkout option to pay for your order, its privacy statement and security practices will apply to your information. We encourage you to read that privacy statement before providing your information.
We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at [email protected]. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Our Web site offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at [email protected]. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so.Correcting and Updating Your Personal Information
To review and update your personal information to ensure it is accurate, contact us at [email protected].Notification of Privacy Statement Changes
We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
You can contact us about this privacy statement by emailing us at [email protected]
Thank you for ordering Optimal Eyes Serum! Please use the information below to contact Customer Support for any matters regarding Optimal Eyes Serum