- Terms & Conditions of Use
- Terms and Conditions for Independent Contractor Generated Content
- OPTAVIA Premier Club Terms and Conditions
- Digital Millennium Copyright Act
- Unsolicited Product Submission Policy
Terms & Conditions of Use
Welcome to OPTAVIA (HONG KONG) LIMITED (hereinafter, the “ Company”, “We”, “Our” or “Us”) Website and Habits of Health Mobile Application (hereinafter, the “Application” and collectively with the Company’s Website, the "Site"). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (HEREINAFTER, “AGREEMENT”) RELATING TO YOUR USE OF OUR SITE CAREFULLY. BY USING AND/OR MAKING PURCHASES ON OUR SITE, you have agreed to be bound to the Terms and Conditions contained in this Agreement. If you do not agree to be bound by the Agreement, please do not use or access this Site.
1. ACCEPTABLE USE POLICY.
By using Our Site, you agree to comply with this Policy and to indemnify the Company against any claims by third parties arising from your violation of this Policy. In general, you must exercise judgment and responsibility with respect to your use of Our Site. You may only use the Site for lawful purposes and may not use Our Site to harm others. Without limiting the generality of the foregoing, you may not:
- Use Our Site in violation of any law or regulation governing Company's business or activities, including without limitation the laws and regulations governing unfair competition, false advertising, consumer protection, obscenity, spamming, and privacy.
- Use Our Site in a manner that infringes another’s copyrights, patents, trademarks, service marks, trade names, trade secrets or other intellectual property rights, or rights of publicity.
- Use Our Site to engage in libel, defamation, unlawful, harassment, and misappropriation of Our trade secrets, intentional misrepresentation or fraud, or wrongful publication of private information.
- Post or transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, profane material, hate speech, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
- Use Our Site in a manner that presents a security risk or that may interfere with the operation of the Site.
- Use Our Site to gain illegal or unauthorized access to other computers or networks through hacking or other means.
- Introduce viruses, Trojan horses, worms, malware or spyware or other computer programming routines that damage, interfere with, intercept, or expropriate any system, data, or personal information.
- Assist or permit any person to engage in any of the activities described above.
2. OUR COMMUNICATIONS TO YOU.
When you visit and use Our Site or send any communications to Us, you are communicating with the Company electronically and agree that subject to all applicable laws, the Company may send you electronic communications, E-mail or otherwise, for the purpose of advising you of changes or additions to Our Site, about any of Company's products or services, or for such other purpose(s) as Company deems appropriate.
3. USE OF THE Habits of Health MOBILE Application.
By using of the Habits of Health Mobile Application (“Application”), you indicate your willingness to disclose any information collected on the Application to the Company. The information collected includes but is not limited to your: full name, date of birth, height, weight, E-mail address, and any other information that is inputted manually, imported via mobile app or via linked device (i.e. Apple Watch, Apple Health, Samsung Health, Google Fit, etc.). This information may be used by the Company to evaluate use of the Application and make enhancements to the Company’s customer experience.
4. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS.
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to Company on or by Our Site or otherwise disclosed, submitted, or offered in connection with your use of Our Site or otherwise (collectively, "Comments") shall be and remain Company's property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to Company of your worldwide rights, titles, and interests in all copyrights and other intellectual property contained in the Comments. Thus, the Company will own exclusively all such rights, title, and interest and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Company is and shall be under no obligation to (1) maintain any Comments in confidence; (2) pay to you any compensation for any Comments; or (3) respond to any Comments.
You agree that the Company may use and/or disclose information about your demographics and use of Our Site in any manner that does not reveal your personal identity. By participating in Site contests, promotions, and/or requesting promotional information or product updates, you agree that, subject to all applicable laws, the Company may use your information for marketing and promotional purposes.
5. SITE CONTENT.
“Content” means any work of authorship or information, including without limitation, text, audiovisual materials, comments, opinions, testimonials, program, postings, messages, files, images, photos, e-mail, or other materials.
All Content on this Site is the property of the Company and its licensors.
Subject to the Terms and Conditions of this Agreement, the Company hereby grants you a limited, revocable, non-sub-licensable license under the intellectual property rights licensable by Us to download, view, copy, and print Content from the Site solely for your personal, non-commercial use in connection with using Our Site; provided that the foregoing shall not apply to materials, services, or content purchased through this Site that are subject to licensing terms, which instead shall be governed thereby. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying as permitted herein. This Agreement shall not be interpreted as granting any licenses or transferring any rights in any Content aside from those explicitly granted herein. Any rights not expressly granted in the Content are hereby reserved. Except as expressly permitted herein, you may not reproduce, publish, transmit, distribute, display, modify, or create derivative works from, sell, or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, the Site, or any related software.
The trademarks, logos, and service marks (“Marks”) displayed on this Site, including “OPTAVIA”, as well as certain other marks used on the Site, are the registered trademarks of the Company, its parents, subsidiaries, affiliates, and licensors. You are not permitted to use any Marks without the prior written consent of the Company or the applicable mark owner or licensor.
We may change, move, or delete portions of, or may add to, Our Site at any time without notice. Your use of Our Site following any such change constitutes your agreement to be bound by any changes to the terms of this Agreement. From time to time, there may be information on Our Site that contains typographical errors, inaccuracies, or omissions. We may correct errors, inaccuracies, or omissions and change or update information at any time without notice.
Notwithstanding all efforts made by the Company to ensure the functionality and accuracy of the Content of the Site, to the full extent permitted by law, the Company shall not be liable to you or to anyone (whether in tort, contract, equity, or otherwise) for any loss or damage arising out of or in connection with any use, reference to or reliance on the Content of the Site or any inaccuracies, omissions, mis-statements or errors in the Content of the Site.
7. LINKS TO OTHER SITES.
For your convenience and enjoyment, Our Site may provide links to websites that are not operated by the Company. These links do not mean that the Company endorses, approves, or sponsors the linked website or any information, products, or services contained in such website, nor is the Company liable for any claims or any damage that might result from your use of such information, products, or services.
8. MODIFICATION AND SEVERABILITY.
Company reserves the right to make changes to Our Site, polices, and this Agreement at any time, effective immediately upon the posting on Our Site. If any provision of this Agreement shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
9. NO WAIVER.
A failure on the part of Company to enforce any part of this Agreement shall not constitute a waiver of any of Company's rights under this Agreement, whether for past or future actions on the part of any person. Only a specific written waiver signed by an authorized representative of Company shall have legal effect.
OUR site and all contents of our Site are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of our Site, that your use of OUR site is at your sole risk, that you assume full responsibility for all costs associated with all servicing or repairs of any equipment you use in connection with your use of our Site, and that the Company shall not be liable for any claims or damages of any kind related to your use of OUR site.
11. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of Hong Kong. By using the Site, you agree that any dispute, controversy, difference or claim arising out of or relating to this Agreement shall be resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The language of arbitration shall be English. The arbitral award shall be final and binding upon the parties .
By using Our Site, you agree to defend, indemnify, and hold harmless Company, its directors, officers, employees, agents, and/or representatives from and against any and all actual and direct losses, claims, demands, causes of action or proceedings and any and all obligations, liability, damages, or expenses (including all costs, expenses, and attorney’s fees) imposed on or assumed by or incurred by or asserted against the Company in any way arising out of, relating to, or resulting from your violation of this Agreement at any time.
13. PAYMENT AUTHORIZATION.
By making payment for purchases of Company’s products, you certify that you are the owner of the debit card, credit card, or bank account that you submit to Company for all purchases. You are solely responsible for all activity and purchases on your account. You hereby authorize Company to initiate charges to your debit card, credit card, or bank account for all orders on your account, including any auto-ship orders, and any applicable sales tax, shipping, and handling charges. Unless Company is notified otherwise, through a submission on your online account, this authorization will remain in effect. Any notification to terminate such authorization must be done in a reasonable time that would allow your financial institution and the Company a reasonable opportunity to terminate such authorization.
This authorization is an express agreement that Company shall not be liable for any overdraft or insufficient funds charges, such as finance charges and late fees, that are caused by your failure to maintain sufficient funds to pay Company for your purchases and charges. If there are insufficient funds in your account, it may result in Company charging reasonable service fees and/or interest.
14. NO THIRD PARTY BENEFICIARIES.
This Agreement does not confer any rights or remedies upon any person other than you and the Company and their respective successors and permitted assigns.
15. Products are for personal use only and may not be resold.
Any purchase you make must be for your own personal use and you agree that you will not resell or otherwise provide Company products. You agree that you will not sell, offer, display, or facilitate the selling, offering, or displaying of the Company’s products in any manner, either directly or indirectly through any intermediary or third party platforms, including, but not limited to, online auction websites such as Amazon, eBay, or any other e-commerce websites. These obligations and prohibitions continue even after any termination or cancellation of your relationship with the Company.
Company reserves the right to cancel or refuse to process any orders it feels may be purchased for intent to resell or distribute.
Unless otherwise specified, and except to the extent the Company products or services are offered for sale in Hong Kong through Our Site, Our Site and the Contents thereof are displayed solely for the purpose of promoting the Company's products and services available in Hong Kong, the United States and select foreign markets. This Site is controlled and operated by Jason Pharmaceuticals, Inc. from its offices located in Baltimore City, Maryland.
The headings used in this Agreement are for convenience only and are not to be used as the basis for the interpretation, construction, expansion, or limitation of any provision of this Agreement.
Effective May 6, 2019