Optimum Pet Vitality, LLC
Website Terms & Conditions
Optimum Pet Vitality, LLC (“Optimum Pet Vitality”) offers this website, including the information contained within the website and programs made available through the website, according to the terms and conditions below. By viewing any part of this website, you accept these terms and conditions in full. If you disagree with these terms and conditions in part or in whole, you must not use this website.
You must be at least 18 years of age to use this website. By visiting this website, you warrant and represent that you are at least 18 years of age.
Parts of this website may use cookies. By using this website and agreeing to these terms and conditions, you consent to Optimum Pet Vitality’s use of cookies in accordance with the terms of Optimum Pet Vitality’s privacy policy as stated below.
A. Use of Website and Course Materials
Optimum Pet Vitality owns the intellectual property rights in the website, including the material on the website and in the courses, whether online or in-person. All of Optimum Pet Vitality’s intellectual property rights are expressly reserved except as specifically provided herein.
You may view, download for caching purposes only, and print pages from the website for your own personal educational use, subject to the restrictions set out in these terms and conditions.
Without express written permission from Optimum Pet Vitality, you may not:
republish or redistribute any material from the website or courses;
sell, rent or sub-license any material from or access to the website or courses;
reproduce, duplicate, copy or otherwise use material on this website for any purpose;
Or edit or otherwise modify any material on the website.
No content from the website or courses (including photographs) may be shared or sold without our consent.
B. Access to and Prohibitions Regarding Use of Website
To the extent which you access material through the website by logging in to a user account, you are prohibited from sharing with others your login information or the materials made available to you through your account. Accounts are single-user only. Optimum Pet Vitality may disable your user account at its sole discretion and without notice or explanation.
You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state, or local regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website or of any other websites; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the website or other websites.
In the event you breach these terms and conditions in any way, Optimum Pet Vitality may take action as it deems appropriate, including cancelling your access to the website, blocking your access to the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that your access to the website be blocked, and/or bringing court proceedings against you.
C. Limitations on Liability
You expressly agree that your use of, or inability to use, Optimum Pet Vitality’s website is at your sole risk. The website, including any materials or services delivered to you through the website, are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Optimum Pet Vitality does not guarantee, represent, or warrant that your use of our website will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the website or materials contained herein will be accurate or reliable. You acknowledge that from time to time we may remove the website or the materials contained herein for indefinite periods of time or cancel your access to the website at any time without notice to you.
In no case shall Optimum Pet Vitality, including our officers, employees, affiliates, agents, contractors, or interns, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the website or any materials procured through or discussed on the website, or for any other claim related in any way to your use of the website or any materials contained herein, 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 the website or any content (or product) posted, transmitted, or otherwise made available via the website. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Your use of the website expressly indicates your agreement that the exclusions and limitations of liability set out in these terms and conditions or elsewhere in the website are reasonable.
D. Purchase of Services
Prices for Optimum Pet Vitality’s services offered through the website, including coaching, workshops, classes, and other educational events, are in U.S. tender and subject to change without notice. Optimum Pet Vitality reserves the right at any time to modify or remove the website, including any part thereof, without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the website.
We reserve the right to refuse any request for services or enrollment you submit to us. We may, at our sole discretion, limit or cancel courses, workshops, classes, or other services purchased per person, per account, or per order. These restrictions may include requests placed by or under the same user account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an enrollment, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed with the intent to commercially exploit the information provided through our website and services.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Your credit card information is always encrypted during transfer over networks.
In the event you provide fraudulent information through your enrollment or purchase process, including fraudulent payment information, we reserve the right to bring court proceedings against you for any damages we may suffer.For more detail, please review our Student Withdrawal and Dismissal Policy below.
E. User Created Content
If, at the request of Optimum Pet Vitality or otherwise, you send certain specific submissions (for example, case videos, pictures, and write up, responses to a blog, public or private forum, or message or bulletin board posts) or creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
If you submit any cases, videos, pictures, or any other form of identifiable media, you are responsible for obtaining permission to share such media. You agree that you have obtained permission for said media to be used on Optimum Pet Vitality website, learning platform, or any other purpose related to Optimum Pet Vitality. You agree that you have obtained and will provide, if needed, all agreements from persons for themselves and any pets to be in pictures, videos or any other identifying media, and used for learning. Obtaining these agreements is your sole responsibility and Optimum Pet Vitality will not be held responsible or liable.
You understand that your comments (not including credit card information), may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
We may, but have no obligation to, monitor, edit, or remove comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms and conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, publicity, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material or contain any computer virus or other malware that could in any way affect the operation of the website or any other website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
F. Your Personal Information
Your submission of personal information through this website is governed by our Privacy Policy (see below).
G. Copyright Policy
Optimum Pet Vitality respects the intellectual property rights of others and expects users of this website and students of our courses to do the same. It is Optimum Pet Vitality’s policy to remove any user comments that infringe, or are charged with infringing, the rights of others. In the event a user repeatedly infringes the rights of others, Optimum Pet Vitality may, at its sole discretion, disable and/or cancel the account of such a user, including dropping such a user from any courses, workshops, and/or other educational events without notice and without refunding any fees paid by the user.
In accordance with the Digital Millennium Copyright Act of 1998, Optimum Pet Vitality will respond expeditiously to claims of copyright infringement by users of its website that are reported to Optimum Pet Vitality’s Designated Copyright Agent. If you are a copyright owner, or authorized to act on behalf of one, please report any alleged copyright infringements taking place on or through this website by providing a DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent. Your Notice should include the following information:
Identify the copyrighted work that you claim has been infringed. Should multiple copyrighted works be involved, please provide a representative list.
Identify the copyrighted work that you claim has been infringed, including providing sufficient information to permit Optimum Pet Vitality to locate that material.
Include your contact information: telephone number, address, and email address.
Include a statement that you have a good faith belief that the disputed use of the copyright-protected material is not authorized by the copyright owner, the owner’s agent, or law.
Include a statement by you, under penalty of perjury, that the information contained in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Provide your physical or electronic signature.
Deliver this Notice to Optimum Pet Vitality’s Designated Copyright Agent:
B. B. Massagee, III
Prince, Youngblood & Massagee, PLLC
240 Third Avenue West
Hendersonville, N.C. 28739
(828) 692-2595 – Phone
H. Nondiscrimination
Optimum Pet Vitality does not and shall not discriminate on the basis of race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any of its activities or operations. These activities include, but are not limited to, hiring and firing of staff, selection of volunteers and vendors, and provision of services. We are committed to providing an inclusive and welcoming environment for all members of our staff, students, volunteers, subcontractors, vendors, and clients.
I. General Conditions
The failure of Optimum Pet Vitality to exercise or enforce any right or provision of these terms and conditions or any other policies or rules set forth by Optimum Pet Vitality on this website shall not constitute a waiver of such right or provision.
These terms and conditions, along with any other policies or rules, posted by us on this website or in respect to the website constitutes the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these terms and conditions and any other policies or rules set forth by Optimum Pet Vitality).
Any ambiguities in the interpretation of these terms and conditions and any other policies or rules set forth by Optimum Pet Vitality shall not be construed against Optimum Pet Vitality.
In the event that any provision of these terms and conditions and any other policies or rules set forth by Optimum Pet Vitality is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed, such determination shall not affect the validity and enforceability of any other remaining provisions.
Any dispute arising from or relating to these terms and conditions and any other policies or rules set forth by Optimum Pet Vitality through this website shall be governed by North Carolina law and shall be decided solely and exclusively by State or Federal courts located in Henderson County, North Carolina. Any party who unsuccessfully challenges the enforceability of this forum selection clause shall reimburse the prevailing party for its attorneys’ fees, and the party prevailing in any such dispute shall be awarded its attorneys’ fees.
Optimum Pet Vitality may revise these terms and conditions at any time and without notice. Revised terms and conditions will apply to the use of this website from the date of their publication on this website. Please visit this page regularly to ensure your continued acceptance of these terms and conditions.
Last revised: 03/30/2020
Optimum Pet Vitality, LLC
Health Disclaimer
Students, clients, and website users are invited to discuss health- and wellness-related topics in the public and private forums, bulletin boards, or blog posts and to provide their own insights and experiences. However, the comments of students, clients, and website users are subjective and do not represent Optimum Pet Vitality, LLC. No forum post or website comment should be considered health advice. You are responsible for consulting a medical professional before trying any new idea mentioned in the website or any related forum.
The content on our website and in our online courses is for educational purposes only. Although we try our utmost to provide useful and accurate information, you are responsible to research and verify information before relying on it.
Optimum Pet Vitality, LLC
Privacy Policy
Optimum Pet Vitality, LLC (“Optimum Pet Vitality”) is committed to protecting the privacy of the users of our website. This privacy policy (the “Policy”) discloses Optimum Pet Vitality’s information privacy practices for the website and is intended to inform users of Optimum Pet Vitality’s data collection and use practices.
Your Consent.
By using Optimum Pet Vitality’s website and any affiliated websites, message boards, bulletin boards, blogs, or public or private forums (collectively, “affiliated forums”), you consent to the terms of this Privacy Policy.
How and What Information We Collect.
In order to use certain services associated with the website, you may register with Optimum Pet Vitality. When you register as a website user and/or student of Optimum Pet Vitality, Optimum Pet Vitality may collect certain personally identifiable information from you. This information may include your name, email address, mailing address, telephone number, age, gender, and other information volunteered by you, such as information provided through responses, registration, reviews, emails, postings, messages, and other electronic submissions sent by you to Optimum Pet Vitality or any affiliated forums. You should not provide Optimum Pet Vitality with any personally identifiable information (or submit any personally identifiable information to Optimum Pet Vitality or any affiliated forums) unless you would like that information to be used by Optimum Pet Vitality in accordance with this Policy. Optimum Pet Vitality may also automatically collect information from you when you access the website, including but not limited to your Internet Protocol (“IP”) Address. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
What We Do With Your Information.
Optimum Pet Vitality will NOT share your personally identifiable information with any third parties, including individuals, businesses, or government entities, without your consent. Optimum Pet Vitality will share your personally identifiable information if required to do so by law, court order, subpoena, or other legal process or in the event you violate our Website Terms and Conditions. Optimum Pet Vitality may use your information to notify you about recent or upcoming classes, workshops, events, activities, and sales sponsored by or occurring at Optimum Pet Vitality; to contact you for marketing purposes, such as to offer information about products and services provided by and/or at Optimum Pet Vitality that may interest you; and to improve the website and our affiliated forums.
Age Limitations.
The website and any other affiliated forums, are not directed to children under eighteen (18) years of age. Optimum Pet Vitality does not knowingly solicit or collect personal information from children under eighteen (18) years of age.
This website, including the information contained within the website and programs made available through the website, are intended for use by adults. You must be at least 18 years of age to use this website. By using the website, you warrant and represent that you are at least 18 years of age.
Other Websites and Their Privacy Policies.
Third-party websites may be accessible through our website and/or affiliated forums. These third-party websites have their own privacy and data collection policies and practices. Optimum Pet Vitality is not responsible for any actions or privacy policies of such third parties. You should check the applicable privacy policies of those third parties when providing personally identifiable information through linked websites.
Security.
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow industry precautions and standards and best practices.
Cookies.
“Cookies” are commonly used pieces of information in the form of small files that are placed on a computer hard drive to enable you to more easily communicate and interact with certain websites. Optimum Pet Vitality may use cookies on its website, although none of the cookies contain any personally identifiable information.
Visitors’ GDPR Rights.
If you are within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation. Those rights include:
We will retain any information you choose to provide to us until the earlier of: (a) you asking us to delete the information, (b) our decision to cease using our existing data providers, or (c) the Company decides that the value in retaining the data is outweighed by the costs of retaining it.
You have the right to request access to your data that the Company stores and the rights to either rectify or erase your personal data.
You have the right to seek restrictions on the processing of your data.
You have the right to object to the processing of your data and the right to the portability of your data.
To the extent that you provided consent to the Company’s processing of your personal data, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.
You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.
We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.
Changes to Our Privacy Policy.
Changes to Optimum Pet Vitality Privacy Policy will be posted on the website. Such changes will be effective when posted to the website, so please check this page periodically. Your continued use of the website and/or affiliated forums, constitutes your acceptance of any changes to the Privacy Policy.
If you have any questions about our Privacy Policy, please contact us at Laurie.OPV@gmail.com.
Last revised: 03/4/2020
Optimum Pet Vitality, LLC
Student Withdrawal and Dismissal Policy
Withdrawal & Refunds
Refund policies are specific to each course and clearly outlined within each, so be sure to review each course refund policy prior to enrolling. Optimum Pet Vitality reserves the right at any time to modify or remove the course refund policies, including any part thereof, without notice at any time. Contact us by email at Laurie.OPV@gmail.com to request a refund and please let us know why the program didn’t work for you. Refunds will be issued at the discretion of Optimum Pet Vitality.
Dismissal
Optimum Pet Vitality, LLC reserves the right to dismiss any student, including terminating access to all or any portion of the website, for violation of the Website Terms and Conditions or other policies or rules set forth by Optimum Pet Vitality. Reasons for dismissal include but are not limited to comments that are deemed abusive, discriminatory, or hateful or activities that are or seem to be in violation of the law. Any other conduct which interferes with the educational aspect of the program or which hurts or threatens the welfare of staff or students may be cause for dismissal as well. There will be no refund of any fees paid by a student in the event of dismissal.