Terms & Conditions
Hello! Welcome to the InnerOptimal Inc website: www.inneroptimal.com (the “Website”). By using the Website, you are agreeing to comply with and be bound by the following terms and conditions of use (“Terms”) which govern our relationship with you. If you disagree with any part of these Terms, please do not use our Website.
In these Terms, we use the term “we” to mean InnerOptimal Inc (the “Company”), a company registered in California 82-1655131, which is the owner and operator of the Website. The Company has its registered office at 2210 Encinitas Blvd, Suite L, Encinitas, CA 92024. The terms “us” and “our” will be construed accordingly.
All Services provided and sales made through the Website are made by InnerOptimal Inc, a company registered in California whose address is 2210 Encinitas Blvd, Suite L, Encinitas, CA 92024.
The term “you” refers to the viewer or user of our Website (and “your” will be construed accordingly).
This Website uses cookies. By using this Website and agreeing to these Terms, you consent to our use of cookies and to the use of your information in accordance with our Privacy Policy, which you can find here: www.MyOptimalBrain.com/privacy Please put the link here
Use of this Website.
Unless otherwise stated, the Company owns the intellectual property rights in the Website and material on the Website. Subject to the license below, all these intellectual property rights are reserved.
You may view Website pages, download Website pages and print Website pages for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.
You must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of malicious computer software.
You must not use our Website for any purposes related to marketing without our express written consent.
Access to certain areas of this Website is restricted. We reserve the right to restrict access to areas of this Website, or indeed this entire Website, at our sole discretion.
If we provide you with a user ID and password to enable you to access restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential.
We may disable your user ID and password at our sole discretion without prior notice if we believe you are making improper use of the Website.
Services and Products Offered through the Website and your Right to Cancel
We may offer services and products to you on our Website. Further details and costs of those services or products will be made available to you on the Website.
If you order any product or services from our Website, as a consumer, you will be entitled to cancel such products or services under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Consumer Regulations”), provided that you notify us within 14 days of placing your order.
Unless the product was defective when it was received by you, the above ability to cancel or return products will cease if a period of 14 days has elapsed from the date of placing your order.
If you wish to make use of your right to return a product under the Consumer Regulations, the product must be returned to us, at your own cost, with the packaging unopened and in a good and saleable condition. If the goods are damaged by you in any way, we reserve the right to deduct the cost of the damage from any refund we make. If we are unable to resell the product as a result of your actions (such as opening or using a product), you will not be entitled to any exchange or refund.
If we refund the cost of the product, the refund will be made to you within 14 days from the date we receive the returned goods.
In addition to the above right to cancel under the Consumer Regulations, we offer a discretionary right to return products within 30 days of the date of your purchase. If you would like to return a product within this period, please write to us at welcome@inneroptimal.com with an explanation as to your reason for returning the product. You can also use the contact form here: https://myoptimalbrain.com/
Placing an order
After placing an order online, we will email you a confirmation of your order as soon as possible. This email will confirm what you have ordered and the price but should not be considered as an order acceptance from us.
When we dispatch your order, we will send you a dispatch confirmation email to the email address you provided. This confirmation email marks our formal acceptance of your order.
We do not have to accept your order and reserve the right to refuse or cancel any order once it has been placed. This may be done, for example, if:
· your payment is not authorized or has been marked as fraudulent, or potentially fraudulent, by the payment system.
· payment has been made using a card not issued in a country we dispatch to, or not where the billing address is.
· there is an error on the website regarding the price or description of a product, or
· the items ordered are no longer in stock or available.
By placing an order with us you are confirming that any information you have given is true and accurate and that you are authorized to use the card on which payment was made.
We are not liable for breach of the agreement for delay or failure to perform if the delay or failure is due to acts of God, civil commotion, riots, floods, drought, fire, legislation, or other cause beyond our reasonable control. This does not affect your statutory rights.
Our products
All products are subject to availability, which is subject to change.
Images of products shown on the website, and colors are shown on screen, are reproduced as accurately as electronic processes allow, but may not always represent the exact image or color of the final product.
We reserve the right to amend the details and specifications of our products as necessary or to conform with any changes in US, UK, or EU requirements. We try to ensure that information regarding products on our Website is as accurate as possible. However, we cannot be held responsible for any inaccuracies or errors.
Prices
Our prices will be shown to you in US dollars or in other currencies (depending on your location). Any sales tax will be calculated at the checkout once your delivery address has been entered.
Delivery costs will be added to the total price of the goods and will be shown at the checkout.
Copyright and License
This Website contains material that is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, look, appearance, and graphics.
You are granted a license to use the material contained in this Website subject to the restrictions described in these Terms.
You are granted a license to download, store, view, edit, use, reproduce, copy, print, any material contained in this Website for your own personal use.
You are not permitted to:
Republish material from this Website (including republication on another Website, except in the case of publishing extracts from the Website on social
media, such as Facebook or Twitter, for the purpose of directing users to the Website); sell, rent, license, sublicense, lease, distribute, copy, duplicate, publish or reproduce material from the Website and any material or any part thereof for use by any third party; exploit material on our Website for a commercial purpose; use any material in any way that is unlawful or in breach of any person’s legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable.
If you breach these Terms in any way then the license granted to you will be automatically terminated upon such breach and we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
All material contained in this Website is and shall always remain the copyright of the Company or its licensors.
You must retain and must not delete or remove all copyright notices and other proprietary notices placed by us on any material.
User Content
The Website may permit the submission of user comments including the submission of text, images, videos, or other Content by you and other users (“User Content “) and the hosting and publishing of such User Content. You understand that whether such User Content is published, we do not guarantee any confidentiality with respect to any User Content.
You shall be solely responsible for your own User Content and the consequences of posting or publishing them.
You represent and warrant that:
you own or have the necessary rights and permissions to use and authorize us to use all copyright, trademark, or other proprietary rights in and to any User Content to enable inclusion and use on the Website and in accordance with these Terms; and whilst, you retain all of your ownership rights in your User Content, by submitting the User Content to us, you hereby grant us, in addition to any other rights which we may have, a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works of (including without limitation, to rename, edit, shorten, split videos into different segments, and use an entire image or video or segments as part of compilations), display and broadcast the User Content in connection with the Website and our business, including without limitation to grant access to the Website to third parties to view the User Content (and derivative works thereof).
you will not: (i) submit material that is false or misleading copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of
such rights or have permission from their rightful owner to post the User Content and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us, our business, or any third party; (iii) submit material that is unlawful, obscene, libelous, threatening, pornographic, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or (iv) misidentify yourself in submitting the User Content or misstate your true identity.
Any breach of the above warranties will result in the user’s account being immediately terminated and may result in the user becoming liable to legal action.
We do not endorse any User Content, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content. You understand that when using the Website, you will be exposed to User Content from a variety of sources and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto, and agree to indemnify and hold us, our owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
Disclaimers
This Website is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to this Website or the information and material provided on this Website.
The content of the pages of this Website is for your general information and use only and it is subject to change without prior notice.
We do not warrant that this Website will be constantly available, or available at all; or that the information on this Website is complete, true, or accurate in any way.
Nothing on this Website constitutes or is meant to constitute, advice of any kind. We do not provide any warranty as to the suitability of the products, services, or information and material found or offered on this Website for any particular purpose. Your use of any product, service, information, or material on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this Website meet your own specific requirements.
We do not provide health care or medical advice and we make no claim or representations in relation to health or medical benefits.
You acknowledge that information and material found or offered on this Website may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
To the maximum extent permitted by applicable law we exclude all representations, warranties, and conditions relating to this Website and the use of this Website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose, and/or the use of reasonable care and skill).
Limitations and Exclusions of Liability
To the extent that the Website and the information and services on the Website are provided, our liability and the liability of the corporation to you in relation to the use of our Website or under or in connection with these Terms, whether in contract, tort (including negligence) or otherwise, will be limited as follows: The Company, the Corporation, and their employees, agents and contractors will not be liable to you for any loss or damage of any nature whether arising directly or indirectly from the use of or reliance on information obtained from this Website; the Company, the Corporation, and their employees, agents and contractors will not be liable for any consequential, indirect or special loss or damage and will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information.
Nothing in these Terms will limit or exclude our or the Corporation’s liability for death or personal injury resulting from negligence, limit or exclude our liability for fraud or fraudulent misrepresentation or limit any of our or the Corporation’s liabilities in any way that is not permitted under applicable law.
By using this Website, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable, you must not use this Website.
Indemnity
If you breach these Terms you will be held fully responsible for any loss suffered by us as a result of such breach and will be held accountable for all losses caused or profits gained by you from breaching these Terms.
You agree to indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities, and expenses (including, without limitation, legal expenses) incurred or suffered by us arising out of any breach by you of any provision of these Terms.
Other Websites
This Website may contain links to other websites that are not under the control of and are not maintained by us. We are not responsible for the
content or reliability of the linked websites. We provide these links for your convenience only but do not endorse the material on those sites.
Waiver
The failure by us to enforce at any time or for any period any one or more of the Terms shall not be a waiver of them or the right at any time subsequently to enforce all Terms.
Severance
If any provision of these Terms shall be found by any court to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect.
If any provision of these Terms is so found to be invalid or unenforceable but would be valid or enforceable if some parts of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable.
Variation
We may revise these Terms from time-to-time. Revised Terms will apply to the use of our Website from the date of the publication of the revised Terms on our Website. Please check this page regularly to ensure you are familiar with the current version.
Exclusion of Third-Party Rights
These Terms are for the benefit of you and us and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms is not subject to the consent of any third party.
Entire Agreement
These Terms constitute the entire agreement between you and us in relation to your use of our Website and supersede all previous agreements in respect of your use of this Website.
Jurisdiction and Governing Law
These Terms and any purchase you make through the Website shall be governed by American law. Any dispute, claim or matter arising out of, or relating to, these Terms or any purchase made through the Website shall be subject to the exclusive jurisdiction of the American courts
