Optimum Living Education, Inc.
Thank you for visiting the Web site of Optimum Living Education, Inc., home of the Simple+OptimumTM and/or choosing to participate in one of our programs and/or courses.
The Web site is provided by Optimum Living Education, Inc., a Delaware corporation with a principal place of business located at 2810 N Church St., Suite 17760, Wilmington, DE 19802-4447.
Section 1. Definitions: For purposes of these Terms and Conditions, references to “we,” “our,” and “us” mean the Optimum Living Education, Inc. References to “you,” “your,” “user,” and/or “participant” mean the user of the Web site and/or a participant in one of our programs and/or courses. References to the “Web site” mean the Web sites bearing the URL simpleoptimum.com, and/or any other Web site designed and/or developed by us. References to the “Services” mean any and all programs, courses, workshops, events and/or other activities offered by us. References to the “Agreement” mean these Terms and Conditions as set forth herein.
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2. About Us: We provide training in plant-based
nutrition and coherent living.
Section 3. Agreement to be Bound: The following conditions, together with the relevant information set out on our Web site, including any features and services available, such as RSS feeds, podcasts, images, video and products and materials found on the Web site are subject to the Terms and Conditions set forth herein. Please read them carefully as any use of this Web site and/or participation in a Service constitutes an agreement, without acceptance, to be bound thereby by the user. By using this Web site you represent that you have read and understand the Terms and Conditions and that you agree to be bound by these Terms and Conditions as set forth below. You further represent that you are eighteen (18) years of age or older and have the capacity to enter into such a legally-binding contract, or, in the alternative, are at least sixteen (16) years of age and have the express permission of a parent and/or legal guardian. These Terms and Conditions are subject to the Privacy Policy, which also governs your use of the Web site and participation in the Services. Should you choose to participate in one of our in-person Services, such as a bike excursion or hike, you will also be bound by our Activity Waiver.
Section 4. Modifications and Changes to Terms and Conditions: We may
modify, add to, suspend or delete the Terms and Conditions or other agreements,
in whole or in part, at our sole discretion at any time, with such
modifications, additions or deletions being immediately effective upon their
posting to the Web site. Your use of the Web site and/or continued
participation in the Services after modification, addition or deletion of the Terms
and Conditions shall be deemed to constitute acceptance by you of the
modification, addition or deletion.
Section 5. Modifications and Changes to the Web Site and Services: We may
modify, add to, suspend, or delete any aspect of this Web site or Service
offered by us, in whole or in part, at our sole and exclusive discretion, at
any time whatsoever, with such modifications, additions or deletions being
immediately effective. Such modifications, additions or deletions may include,
but are not limited to, content offered, price of Services, hours of
availability, and equipment needed for access or use. In no event shall you be
due any refund or credit in the event we make such a modification, addition or
deletion. Your sole recourse in such an event shall be your discontinuation of
use of the Services.
Section 6. Prohibited Use of the Web site and/or Services: In addition to other prohibitions
as set forth in these Terms and Conditions, you are prohibited from using the
Web site and/or the Services: (a) for any unlawful purpose; (b) to solicit
others to perform or participate in any unlawful acts; (c) to violate any
international, federal, provincial or state 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 Web site or materials
and products found thereon, or of any related Web site, other Web sites, or the
Internet; (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 Web site, other Webs sites, or the Internet. We reserve the right to
terminate your use of the Web site and/or participate in any and all Services for
violating any of the prohibited uses or for any other reason at our sole and
exclusive decision. You agree further that you shall use the Web site and/or participate in
the Services for personal purposes and not for commercial purposes.
Section 7. Accuracy, Completeness
and Timeliness of Information: We
are not responsible if information made available on the Web site is not
accurate, complete or current. You acknowledge that the Web site is provided
for general information only and should not be relied upon or used as the sole
basis for making decisions without consulting primary, more accurate, more
complete or more timely sources of information.
Section 8. Online Accounts: You may be given the
opportunity to register via an online registration form to create a user
account, (hereinafter your “Account,”) which may allow you to receive
information from us and/or to participate in certain features on and/or make
purchases from the Web site, such as registering to participate in Services. We
will use the information you provide in accordance with our Privacy Policy[J2] . By
registering with us, you represent and warrant that all information you provide
on the registration form is current, complete and accurate to the best of your
knowledge. You agree to maintain and promptly update your registration
information on the Web site so that it remains current, complete and accurate.
During the registration process, you may be required to choose a password. You
acknowledge and agree that we may rely on this password to identify you. You
are responsible for all use of your Account, regardless of whether you
authorized such access or use, and for ensuring that all use of your Account
complies fully with the provisions of these Terms and Conditions.
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9. Multiple Accounts Prohibited: You
agree you shall not have no more than one (1) account and shall not sell, trade
or transfer that account to any other person or entity.
Section 10. Orientation Mandatory: For Services for which an orientation
is provided attendance at said orientation is mandatory. The failure to attend
such orientation shall result in cancellation of your ability to participate in
said Service. No refunds, in whole or in part, shall be given based on your inability
or failure to attend a mandatory orientation.
Section 11. Demeanor, Prohibited
Activities: All
in-person Services are drug and alcohol-free events, and in no circumstances
shall the consumption or use of drugs or alcohol be permitted. Furthermore,
participants are expected to act
in respectful manners at all times and to participate with cooperative and
positive attitudes. At no time will any participant threaten the safety or
well-being of him/herself, other participants, staff, or any member of the
public. Participants will comply with all applicable laws while participating
in a Service. We reserve the right to immediately terminate any participant’s
participation in a Service, with or without cause, at any time, without
recourse, and without advance notice or warning, for unreasonable behavior or
for any other reason whatsoever, in our sole and exclusive discretion.
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12. Emergency Contact Information Required, Medical Conditions: Participants
in in-person Services are required to provide us with emergency contact
information prior to participation in any and all Services and shall have on
his/her person a copy of his/her identification at all times. If a participant
has a specific relevant medical condition (e.g. diabetes, asthma, seizures,) he
or she must wear a medical alert tag at all times.
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13. Insurance Advised: You are advised to purchase insurance to cover
your course fees and any course-associated costs and/or issues that arise. You
agree and acknowledge that you are solely responsible for any costs you may
incur as a result of cancellation of any Service and/or participation in any
Service, including medical and evacuation costs.
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14. Payment Terms: Use of the Web site is free; however, some
materials and products carried thereon as well as Services for which you may
register thereby may be offered for sale at the prices published on the Web
site and subject to change from time-to-time in our sole and exclusive discretion.
Purchases for such materials, products, and Services may be made using PayPal
and/or a credit/debit card and shall be processed immediately or as set forth
in any payment installment plan to which we have agreed, in writing, in our
sole and exclusive discretion. The prices and the terms of payment for such
materials and Services are displayed at all times on the Web site, including at
the point of purchase. You agree and acknowledge that you shall be solely
responsible for any and all costs related to collection of any and all unpaid
amounts as deemed necessary in our sole and exclusive discretion. You further
agree and acknowledge that should you file any dispute or inquiry with any banking
institution, you shall pay us a three hundred dollar per hour research fee,
with a two-hour minimum, plus all related attorneys’ fees and costs. You
expressly agree and acknowledge that should we offer to you the option to pay
for Services via an installment plan such payments do not constitute
reoccurring payments and, thus, may not be charged back to us for any reason
whatsoever.
Section 15. Shipping Policy. Product orders may take up to thirty (30) calendar days to leave our warehouse. In
the event that a tracking number is provided by the
shipping carrier, we will update your order with the tracking information;
however, we do not guarantee a tracking number will be provided. Though we charge a flat shipping rate in no
event does the shipping rate exceed the actual shipping rate. We also charge
reasonable handling rates, which include our material, labor, and warehousing
costs.
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16. Refund, Exchange: All sales of materials and products as well as all
costs for participating in any and all Services are final and not subject to
refund or exchange except as provided for herein. In the event that you
complete one of our programs
and/or courses in full and are dissatisfied with our Service for any reason you
may apply for a full and complete refund within thirty (30) days of the point
of sale of the program and/or course provided that the Service was identified
as refundable at the point of sale. Refund requests may be submitted to us at support@simpleoptimum.com and shall not be deemed
received until you receive a notice of the same from us. Refunds shall be granted in our sole and
exclusive discretion and shall only be available for Services that are advertised
as refundable at the point of sale.
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17. Cancellation By You: Should you wish to cancel any order or your participation
in any Service you may do so by emailing us at support@simpleoptimum.com.
Cancellations may take up to fourteen (14) business days to process. No refund,
whole or partial, shall be given for any cancellation for any reason whatsoever
except as set forth in Section 15 hereof. Should you wish to cancel a purchase
paid via installments you agree and acknowledge that the entire purchase price
shall continue to be due and owing, regardless of cancellation.
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18. Cancellation By Us: In the event we cancel or postpone any Service you
shall be granted a Transfer Credit valid for Three Hundred Sixty-Five (365)
days following the date of issue. No refund, whole or partial, shall be given
for any cancellation by us for any reason whatsoever.
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19. Transfer: Transfers between programs or participants
shall be provided in our sole and exclusive discretion, subject to a minimum
Transfer Fee of Two Hundred U.S. Dollars and No/Cents ($200.00) per person per
transfer. Should you wish to use a Transfer Credit due to a cancellation,
postponement or other change by us, please contact us at support@simpleoptimum.com.
Section 20. Right of Refusal, Limitation, Change and Discontinuation: We reserve the right to refuse to
provide any access to the Web site and/or Services offered thereby to anyone
for any reason at any time at our sole discretion without recourse to you. We
may, in our sole discretion, limit or cancel Services, products and/or
materials purchased per person, per entity, per household or per order. These
restrictions may include orders placed by or under the same customer 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 order, we may
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 the
available quantities of materials, products, and/or Services designed,
sold, distributed and/or otherwise made available through this Web site for any reason at any time in our
sole and exclusive discretion. We reserve the right to discontinue the sale
and/or provision of any and all materials, products, and/or Services designed,
sold, distributed and/or otherwise made available through this Web site for any reason at any time in
our sole and exclusive discretion. We reserve the right to change and/or modify
the price, date, time, location, and details of any and all Services for any
reason at any time in our sole and exclusive discretion. Any offer for the sale
of any and all materials, products, and/or Services designed,
sold, distributed and/or otherwise made available through this Web site is void
where prohibited.
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21. Grant of License: By participating in any Service you shall grant to us and our
affiliates, partners, and/or other associates an irrevocable, non-exclusive, sub-licensable,
worldwide, fully-paid, royalty-free license to use, modify, publish, edit,
perform, publicly perform, publicly display, and reproduce
your name, likeness, project design, public profile, and certification
information in all forms and in all media for social media,
advertising, marketing trade, and any other lawful purposes, including any and
all commercial purposes in our sole and exclusive discretion.
Section 22. Intellectual
Property Rights Not Waived: All materials, (hereinafter “Materials,”)
displayed or transmitted on this Web site, text, photographs, images,
illustrations, video clips, audio clips, and graphics are owned by us and are
protected by U.S. and international copyright, trademarks, service marks, and
other proprietary rights, laws and treaties. Except as provided, you may not
copy, reproduce, publish, transmit, transfer, sell, rent, modify, create
derivative works from, distribute, repost, perform, display, or in any way
commercially exploit the materials carried on this site, nor may you infringe
upon any of the copyrights or other intellectual property rights contained in
the materials found on this site. You may not remove or alter, nor cause to be
removed or altered, any copyright, trademark, or other proprietary notices or
visual marks and logos from the Materials. You may make a single print copy of
any of the Materials provided by us on this Web site for personal,
non-commercial use only, provided that you do not remove nor cause to be
removed any copyright, trademarks, or other proprietary notices or visual marks
or logos from the Materials. You may not archive or retain any of the Materials
found on this Web site without our express written permission. All requests for
archiving, republication or retention of any part of the Materials found on
this site must be in writing to us and must clearly state the purpose and
manner in which the Material shall be used. Requests for permission to archive,
retain, or republish any part of the Materials found on this site may be
submitted to support@simpleoptimum.com.
You acquire no rights or license whatsoever in the Materials
found on this site other than the limited rights to use the site in accordance
with these Terms and Conditions. Any of the Materials found on this site
accessed or downloaded from this site must be accessed or downloaded in
accordance with the Terms and Conditions specified in this agreement. We
reserve any rights not expressly granted under these Terms and Conditions.
Section 23. Advertisements
and Promotions: We may,
from time to time, run advertisements and promotions from Third Parties (e.g.
vendors) on the Web site. Your business dealings or correspondence with, or
participation in promotions of, advertisers other than us, and any terms,
conditions, warranties or representations associated with such dealings, are
solely between you and such Third-Party. We are not responsible or liable for
any loss or damage of any sort incurred as the result of any such dealings or
as the result of the presence of Third-Party promotions or advertisements on
the Web site.
Section 24. Links and Third-Party Links: This Web site may, from time-to-time, contain links or pointers
to Internet sites maintained by Third Parties (e.g. vendors.) We do not operate
or control in any way any information, products or services on these Third-Party
sites, and we expressly disclaim any responsibility for such Third-Party sites,
which are provided for your convenience on an “as is” basis without
warranties of any kind, express or implied.
Section 25. Disclaimer of Warranty, Limitation of Liability: (A) YOU EXPRESSLY AGREE THAT USE OF THIS WEB AND/OR PARTICIPATION IN ANY SERVICE IS AT YOUR SOLE RISK. NEITHER US OR ANY RELATED SUBSIDIARY, OTHER AFFILIATES NOR ANY RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR WEB SITE, MATERIALS FOUND ON THIS WEB SITE, OR PARTICIPATION IN ANY SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED. (B) ANY DOWNLOADABLE SOFTWARE, PRODUCTS OR OTHER MATERIALS, WITHOUT LIMITATION, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS AND CONDITIONS. (C) ALTHOUGH ALL INFORMATION AND MATERIALS CARRIED ON THIS WEB SITE AND PROVIDED VIA ANY SERVICE ARE BELIEVED TO BE RELIABLE, WE MAKE NO REPRESENTATIONS, NEITHER EXPRESSLY NOR IMPLIEDLY, AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE MATERIALS OR ANY INFORMATION ON THIS WEB SITE OR PROVIDED VIA ANY SERVICE. (D) IN NO EVENT SHALL WE, OUR EMPLOYEES, SUBSIDIARIES, PARENTS, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS, VENDORS, AND/OR THEIR RESPECTIVE DIRECTORS, OFFICERS, AND MEMBERS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF INFORMATION OR DATA, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THIS WEB SITE AND/OR YOUR PARTICIPATION IN ANY SERVICE. (E) WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION. BY ACCESSING THE WEB SITE AND/OR PARTICIPATING IN A SERVICE YOU ACKNOWLEDGE AND AGREE TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE WEB SITE OR THE MATERIALS FOUND ON THIS WEB SITE OR PARTICIPATE IN ANY SERVICE OFFERED THEREBY. (F) WE EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY, NOR DO WE CARRY INSURANCE COVERAGE, FOR any lost, stolen and/or damaged property, including but not limited to luggage AND PERSONAL EFFECTS FOR IN-PERSON SERVICE PARTICIPANTS. Participants are responsible for obtaining all proper insurance for property and health. (G) YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEB SITE, PRODUCTS AND/OR MATERIALS CARRIED THEREON, AND/OR SERVICES OFFERED THEREBY OR ANY OTHER GRIEVANCE, SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE AND/OR SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. The above limitations shall survive this Agreement and inure to the benefit of Optimum Living Education, Inc., and our affiliates and respective directors, officers, employees and agents.
Section 26. Indemnification: You agree to defend, indemnify and hold us
harmless, as well as our affiliates and respective directors, officers,
employees and agents, from and against all claims and expenses, including
attorneys’ fees, arising out of the use of the Web site, the Materials found on
this Web site, and/or your participation in any Service, in any manner
whatsoever. You further agree to defend, indemnify and hold us harmless, as
well as our affiliates and respective directors, officers, employees and
agents, from and against all claims and expenses, including attorneys’ fees for
your breach of this Agreement or your violation of any law or the rights of a Third-Party.
Section 27. Testimonials: From time to time we may feature the testimonials
from users of our Services and/or graduates of our programs and/or courses. In
the event that you provide a testimonial you represent, warrant, and affirm that that any and all
statements, testimonials and/or endorsements are factually accurate and
represent your honest opinions or experiences. You further represent, warrant,
and affirm that you were not compensated in exchange for the endorsement, but
you may have received a nominal, if any, reimbursement for time and expenses.
You further represent, warrant, and affirm that there exists no material
connection between yourself and us. By providing the testimonial, you agree to
grant to us, our successors and assigns, the irrevocable, perpetual and unrestricted
right and permission to take, use, re-use, publish, and republish your oral and/or written
statement, testimonial and/or endorsement as well as the minor’s likeness,
image, voice, appearance, performance, and any and all attributes of your
personality, in whole or in part, or composite, or reproductions thereof
in color or otherwise, in conjunction with your own name, made through any
medium, and in any and all media now or hereafter known, specifically including
but not limited to print media and distribution over the Internet for
illustration, promotion, art, editorial, advertising, trade, or any other
purpose whatsoever, (hereinafter the “Product,”) produced for the benefit of us, our successors and assigns,
and/or in conjunction with any Services we
offer. This grant
shall include, without limitation, the right to edit, mix or duplicate and to
use or re-use in whole or part as we, our successors and assigns, may elect. You
agree to further grant us, our successors and assigns, the right to broadcast,
exhibit, market, sell and otherwise distribute the Product, either in whole or
in parts, and either alone or with other products, for any and all commercial
or non-commercial purpose that we or our designees in our or their sole
discretion may determine. This grant includes the right to use the Product for
promoting or publicizing any of the uses. You further acknowledge and agree
that the oral and/or written statement, testimonial and/or endorsement, and all
Products arising therefrom, shall be the sole and exclusive property of us, our
successors and assigns. You hereby waive any and all claim to any intellectual
property arising therefrom. You waive any right to inspect, examine or approve
the content of the Product, and you acknowledge that wewill have no obligation to utilize the authorizations and rights granted
to ithereunder. You further release,
discharge, and agree to hold harmless us, our legal representatives and
assigns, all persons acting under our authority, and those for whom we are
acting, from all claims, causes of action and liability of any kind, now known
or unknown, in law or in equity, based upon or arising out of (1) the oral
and/or written statement, testimonial and/or endorsement, and/or (2) any and
all Products arising therefrom, and/or
(3) this Section 27, including, without limitation, claims of libel,
slander, invasion of privacy, right of publicity, defamation, trademark
infringement, and copyright infringement.
Section 28. Governing Law: This
Agreement shall be governed and construed in accordance with the laws of Oregon,
without regard to its conflicts of law provisions. You agree to submit to the
personal jurisdiction of the courts located in Washington County, Oregon, and any cause of action which arises from the use of this Web
site, participation in Services offered thereby, or from interpretation of
these Terms and Conditions must be filed in the courts located in Washington County,
Oregon, subject to the binding Arbitration provisions of
Section 29 hereto.
Section 29. Arbitration: You agree that any dispute concerning,
relating, or referring to these Terms and Conditions and/or your participation
in any Service shall be resolved exclusively by binding arbitration according
to the then-existing rules of the American Arbitration Association. Such
proceedings will be governed by and in accordance with substantive Oregon law
and shall be arbitrated in Washington County, Oregon. The arbitrator, and not
any federal, state, or local court or agency, shall have exclusive authority to
resolve any dispute relating to the interpretation, applicability,
enforceability, conscionability, or formation of this Agreement, including but
not limited to any claim that all or any part of this Agreement is void or
voidable. Notwithstanding the forgoing, any claims the Parties may have against
each other concerning, relating, or referring to these Terms and Conditions
and/or your participation in any Service and where the relief sought is within
the jurisdictional limits of the Washington County, Oregon, Small Claims Court,
it shall be filed therein and shall be fully and property adjudicated by said
Small Claims Court and not by the Arbitration provisions hereof.
Section 30. Attorneys’
Fees and Costs: In case suit, arbitration, or other legal
action is instituted to interpret or enforce any of the provisions of this
Agreement, the prevailing Party therein shall be awarded all reasonable and necessary
fees for investigations and depositions, as well as fees for accountants and
witnesses (expert or otherwise) reasonably incurred by that party in connection
with such suit or action, plus such sums as may be adjudged reasonable for that
Party’s attorneys’ fees incurred prior to and throughout such suit or action,
including all hearings, trials, and appeals.
Section 31. Severability of Provisions: If any provision of this Agreement shall 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. Any remaining provisions shall be given effect to the
fullest extent possible.
Section 32. Entire Agreement: This constitutes the entire agreement between the Parties
concerning the Terms and Conditions of this Web site and Services offered
thereby unless otherwise specified.
Section 33. Contact Information: If you
have any questions or concerns about these Terms and Conditions you may contact
us at support@simpleoptimum.com.
Section 34. Updates & Effective Date: The
effective date of this policy is January 1, 2019. From time to time, we may update these Terms
and Conditions, so we encourage you to review them often.
