- 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 (SINGAPORE) PTE. LTD.’s (hereinafter, the “Company”, “We”, “ Our” or “Us”) Website and Mobile Applications (hereinafter, the “Application(s)” 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 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, and Sites and Our sponsors’ or advertisers’ Sites assign every computer a different Cookie. The information collected by Cookies (i) helps Us dynamically generate advertising and content on web pages or in newsletters, and (ii) allows Us to statistically monitor how many people are using the Sites and selected sponsors’ and advertisers’ Sites, how many people open Our emails, and for what purposes these actions are being taken. We may use Cookie information to target certain advertisements to your browser or to determine the popularity of certain content or advertisements. Cookies are also used to facilitate a user’s log-in, as navigation aids, and as session timers, but not to retain Personal Health Information about you or for such other purpose(s) as Company deems appropriate.
3. USE OF THE Habits of Health MOBILE Application.
By using the 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. CONTACTING THE COMPANY
You have consented to provide Us with your personal data in connection with the use of the Site and the Application.
If you do not agree to share your personal data with Us or have a complaint or problem, including a request to remove your information from Our systems, please email
Us at firstname.lastname@example.org for resolution.
5. 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 user’s 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 user 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 the Company may use your information for marketing and promotional purposes.
6. SITE CONTENT.
“Content” means any work of authorship or information, including without limitation, text, audiovisual materials, comments, opinions, testimonials, program grams, 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, no-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 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.
8. LINKS TO OTHER SITES.
For your convenience and enjoyment, Our Site may provide links to Sites that are not operated by the Company. These links do not mean that the Company endorses, approves, or sponsors the linked Site or any information, products, or services contained in such Site, nor is the Company liable for any claims or any damage that might result from your use of such information, products, or services.
9. 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.
10. 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.
12. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of Singapore and the Parties hereby irrevocably submit to the exclusive jurisdiction of the courts of Singapore.
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.
14. 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.
15. 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.
16. 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 be 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 Singapore 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 Singapore, the United States and select foreign markets. This Site is controlled and operated by the parent of the Company 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 Date May 9, 2019
Terms and Conditions for Independent Contractor Coach-Generated Content
OPTAVIA, LLC ("OPTAVIA" and/or "Company") owns and/or operates various websites that permit its field of Independent Contractors (hereinafter "Coaches") to submit or publish content ("Coach-Generated Websites"). Such websites may include features such as, but not limited to, message boards, blogs, social networks, and comment boards. By registering or using any Coach-Generated Websites, you accept and agree to the following Terms and Conditions for Coach-Generated Content. .
OPTAVIA does not prescreen all Coach-Generated Content. OPTAVIA retains the rights but not the responsibility to edit or remove any Coach-Generated Content or terminate your Coach-Generated Website for any reason at its sole discretion.
1. EXISTING POLICIES AND PROCEDURES
Coaches are bound by the terms of their Independent OPTAVIA Coach Agreement with the Company and are required to obey the OPTAVIA Policies and Procedures and any other terms and conditions as may be adopted by the Company from time to time. Such Policies and Procedures apply in full force and effect with regard to the creation, maintenance or use of any Coach-Generated Websites. These outlined Terms and Conditions are cumulative with, and not in lieu of, any standard Terms and Conditions for website use. Nothing in this Agreement shall be construed in any way as a limitation on the enforcement of any term contained in any other agreement. In the event that there is a conflict between the terms of any other agreement and these Terms and Conditions, the other agreement shall be controlling. CONTENT POSTED TO A COACH-GENERATED WEBSITE IS SUBJECT TO ALL APPLICABLE OPTAVIA POLICIES AND PROCEDURES. Improper use of the site, improper submission of materials, improper advertising content, incorrect claims usage or misconduct of any kind shall be specifically subject to OPTAVIA Policies and Procedures.
2. ELIGIBILITY AND REGISTRATION
As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion. You are solely responsible for any and all uses of your username, password, and account.
3. APPROPRIATE CONDUCT AND CONTENT; LIMITATION OF USE
Coach-Generated Websites are made available for your personal use only. Coach-Generated Websites may not be used for any commercial or promotional purpose except those relating to OPTAVIA Coaching.
By acceptance of these Terms and Conditions for Coach-Generated Content, you agree that any information you provide about yourself is accurate and complete information at the time provided. In addition, you agree to update any information provided to your Coach-Generated Websites to keep it accurate and complete. Failure to accurately and timely update information contained on your Coach-Generated Website is reasonable grounds for suspension or termination of your Coach Agreement.
You may not use Coach-Generated Websites for any illegal or unauthorized purpose. You are solely responsible for your conduct and any data, text, information, photos, links and other content ("Materials") that you submit, post, and display on Coach-Generated Websites.
Without notice to you, the Company may, but shall have no obligation to, refuse, edit, and/or remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringing or violating any party's intellectual property or other proprietary rights or these Terms and Conditions for Coach-Generated Content. We also reserve the right in our sole discretion to refuse, edit, and/or remove any content that may be deemed by any Coach-Generated Website community to be inappropriate without providing you notice.
Examples of illegal or unauthorized uses include, but are not limited to:
Modifying, adapting, translating, or reverse engineering any portion of the Coach-Generated Websites; using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Coach-Generated Websites; collecting any information about other Coaches (including usernames and/or e-mail addresses) for unauthorized purposes; reformatting or framing any portion of the web pages or site images that are part of Coach-Generated Websites; creating user accounts by automated means or under false or fraudulent pretenses; submitting Materials of any third party without such third party's prior written consent; submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by Coach-Generated Websites; submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party; transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature; submitting Materials that are unlawful or promote or encourage illegal activity; displaying an advertisement as part of your profile; any automated use of the system, including the use of scripts to send messages or post comments; or submitting false or misleading information.
While OPTAVIA prohibits such conduct and content on its Coach-Generated Websites, you understand and agree that you nonetheless may be exposed to such Materials and that you use Coach-Generated Websites at your own risk.
Changes to Terms and Conditions for Coach-Generated Content
We reserve the right to modify or terminate any Coach-Generated Website or service therein for any reason, and without notice, without liability to you, any other Coaches, or any third party. We also reserve the right to modify these Terms and Conditions for Coach-Generated Content from time to time without notice. You are responsible for regularly reviewing these Terms and Conditions for Coach-Generated Content so that you will be apprised of any changes.
4. LICENSE TO USE MATERIALS
By submitting, posting, or displaying any Materials on or through Coach-Generated Websites, you automatically grant OPTAVIA a worldwide, non-exclusive, royalty-free, irrevocable license to publicly display or re-display such Materials on the Coach-Generated Websites website and in all other forms of media (including, without limitation, e-mail blasts and mobile or text messages or applications) that are used by OPTAVIA or its agents in connection with the promotion, marketing, use, or expansion of any Coach-Generated Websites.
You represent to OPTAVIA that you own all Materials you provide and/or have the unencumbered legal right to grant the above-referenced license with respect to all Materials you provide. You further represent to OPTAVIA that such materials do not infringe any third party copyrights or other third party intellectual property rights. You agree to indemnify OPTAVIA for any and all loses resulting from the invalidity or inaccuracy of such representation.
Except as expressly authorized by the Company, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of OPTAVIA's proprietary information, which includes the sum of all postings and photos to the site.
Please do not send to any Coach-Generated Website or post on any Coach-Generated Website forum anything that constitutes a trade secret, confidential or proprietary information. We are not in a position to accept such information, nor can we agree to obligations of nondisclosure or confidentiality with regard to submitted plans or ideas. You agree that any information or materials that you, or individuals acting on your behalf, provide to any Coach-Generated Website will not be considered confidential or proprietary.
COACH-GENERATED WEBSITES ARE BEING MADE AVAILABLE TO YOU "AS IS," WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.