Overview

Throughout this Optimize Earth site Terms of Service the terms “we”, “us” and “our” refer to Optimize Earth or its Brand Manufacturers, Optimizers or Affiliates. Optimize Earth offers this online Store (“Store”), including all information, support, communications and services to you (“service”), the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our service and agree by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our Store. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Store or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or services which are added to the current Store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Optimize Earth online Department Store. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Store following the posting of any changes constitutes acceptance of those changes.

Our Store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE DEPARTMENT STORE TERMS 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Store or Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature. 

A breach or violation of any of the Terms will result in an immediate termination of your services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the Store or any contact on the Optimize Earth online Department Store through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this 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. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue any product or service (or any part or content 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 service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the Optimize Earth online Department Store. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Store will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, 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 or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at the 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. 
  

SECTION 7 – RETURN POLICY

We rarely ever receive requests for refunds. This is a result of our decades-long history of providing high quality products that truly enhance bioenergetic well-being. You, we and hundreds of thousands of other Quantum Enerceutical waveform biotechnologies users around the world know that if you listen to your body and pay attention to the subtle changes for the better, that you will be pleasantly surprised and feel more relaxed knowing that you are being proactive in protecting and energetically supporting your well-being and that of your family. 

The Quantum Enerceutical waveform biotechnologies powering the benefit behind your energized product(s) work. In many cases the benefits are felt over weeks not days. This depends on your physical state of being, environment and lifestyle. These circumstances are beyond our control. Many customers give their enhanced product to a family member or friend to use for a while or set it aside to reuse later when circumstances have improved.

It is understood that it may take time for you to realize the benefits of a balanced bioelectromagnetic field offered through the products purchased in the Store and the assertion that it doesn’t work is not sufficient cause for refund or exchange (hereafter referred to as a “return”).

Refund or Exchange (Return) Eligibility

To be eligible for a return, your item must be unused and returned in the same condition that you received it. Your item must be in the original packaging. Your item must be accompanied with the original purchase receipt or proof of purchase. Your return must be postmarked within thirty (30) days of the purchase date.

Should your return be based on something other than defectiveness, shipping damage, fit or selection, you must provide your concerns and desire for refund in writing and can do so using the Contact Us link in the footer of the Optimize Earth online Department Store at OptimizeEarth.com. 

Returns

To return an item you must obtain a Return Merchandise Authorization (RMA) number. To obtain a RMA number use the Contact Us link in the footer of the Optimize Earth online Department Store at OptimizeEarth.com. 

After receiving your RMA number, secure the item in its original packaging and send to

Optimize Earth

5407 Wilshire Blvd. #1152

Los Angeles, CA 90036 United States 

RMA # 

Your return must be postmarked within thirty (30) days of the purchase date. Please note, you will be responsible for all return shipping charges and deliveries. We strongly recommend using a trackable method to mail your return. Optimize Earth will not be responsible for lost-in-delivery or non-confirmed receipt of returned items.

Refunds

Upon receipt of the returned item(s) and confirmation of the RMA identifier an inspection and examination of the item will occur. Please allow at least seven (7) days from the receipt of your item for this step in the process. During this process you may be asked to provide additional explanations of your concerns and desire for refund or exchange in writing. If your request is approved, we will initiate an exchange and notify you by email when your return is being processed.

Refunds will be issued back to the same source as the original method of payment. It may take 1-2 billing cycles to appear on your credit card statement. You will receive the credit within a time determined by your card issuer’s policies.

Shipping and Restocking

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are nonrefundable. You may be charged a 10% restocking fee if your return is for any other reason than approved defectiveness, shipping damage, fit or selection. If you receive a refund, all costs incurred by Optimize Earth above the return coverage will be deducted from your refund.

If you haven’t received a refund within a reasonable amount of time, first check your bank account then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund, please contact an Optimize Earth customer services specialist using the Contact Us link in the footer of the Optimize Earth Department Store at OptimizeEarth.com.

PRODUCT DISCLAIMER

The information presented in the Optimize Earth online Department Store, shopping cart, brochure and any other delivery vehicle is to be used for educational purposes only. It is not intended to be used as a substitute for advice from a physician or other health care practitioners. The information therein is not intended for diagnosis, nor is it intended for treatment, cure or prevention of disease or any health problem. Consult a physician or your healthcare provider before using this technology if you have any medical condition whatsoever, if you are pregnant, have or suspect you might have a health problem or if taking any kind of medication. Balancing the body’s bioelectromagnetic energy field to enhance general wellness is the only claim made by Optimize Earth and is not a standard that the United States Food and Drug Administration and many other governing associations accept or support. Therefore, please be advised to always consult your health care practitioner before use and never stop taking any medication without first consulting your health care physician. Results vary with every individual, and your results may or may not be different from those depicted. No promises, guarantees or warranties, whether stated or implied, have been made that you will produce any specific outcome as a result of purchasing a product containing the Quantum Enerceutical technology or using information from the Optimize Earth online Department Store or our digital, printed or video materials. Optimize Earth is not liable for the claims made by third parties espousing to be representatives or agents of Optimize Earth or the Optimize Earth online Department Store. The Optimize Earth online Department Store or our digital, printed or video materials may contain technical inaccuracies or typographical errors. Any medical claims depicted herein that may have been overlooked are by no means to be misinterpreted as medical recommendations or claims of benefits.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via the Store may include materials from third-parties. 
 

Third-party links on this site may direct you to third-parties that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send 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.

We may, but have no obligation to, monitor, edit or remove content 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 of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality 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 Store or any related 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.

SECTION 10 – PERSONAL INFORMATION

Privacy Policy

This Privacy Policy describes our policies and procedures on the collection, use and disclosure of your information when you use the services offered through the Optimize Earth online Department Store and tells you about your privacy rights and how the law protects you.

We use your personal data to provide and improve the Store and services provided. By using the Store, you agree to the collection and use of information in accordance with this Privacy Policy.

Use of Your Personal Data

Optimize Earth may use personal data for the following purposes:

To provide and maintain our Store, including to monitor the usage of our service.

To manage your account: to manage your registration as a user of the Store. The personal data you provide can give you access to different functionalities of services that are available to you as a registered user.

For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services you have purchased or of any other contract with us through the Store.

To contact you: To contact you by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.

To manage your requests: To attend and manage your requests to us.

For business transfers: We may use your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal data held by us about the Store users is among the assets transferred.

For other purposes: We may use your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve the Store, products, services, marketing and your experience.

We may share your personal information in the following situations:

With Service Providers: We may share your personal information with service providers to monitor and analyze the use of the Store, to contact you.

For business transfers: We may share or transfer your personal information in connection with, or during negotiations of, any merger, sale of Store assets, financing, or acquisition of all or a portion of our business to another company.

With Affiliates: We may share some of your information with our Affiliates, in which case we will require those Affiliates to honor this Privacy Policy and other restrictions. Affiliates include our Optimize Earth Career participants, parent company and any other subsidiaries, joint venture partners or other companies that we control or that are under common control with us.

With business partners: We may share your information with our business partners to offer you certain products, services or promotions.

With other users: when you share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.

With your consent: We may disclose your personal information for any other purpose with your consent.

We will retain your personal data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your personal data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

We will also retain usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of the Store, or we are legally obligated to retain this data for longer time periods.

Your information, including personal data, is processed at our operating facilities and in any other places where the parties involved in the processing are located. It means that this information may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

Your consent to this Terms of Service followed by your submission of such information represents your agreement to that transfer.

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your personal data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

If Optimize Earth is involved in a merger, acquisition or asset sale, your personal data may be transferred. We will provide notice before your personal data is transferred and becomes subject to a different Privacy Policy.

Under certain circumstances, we may be required to disclose your personal data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

We may disclose your personal data in the good faith belief that such action is necessary to:

Protect and defend the rights or property of Optimize Earth

Prevent or investigate possible wrongdoing in connection with the Store

Protect the personal safety of users of the Store or the public

The security of your personal data is important to us but remember, that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security.

The Store does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your child has provided us with personal data, please contact us. If we become aware that we have collected personal data from anyone under the age of 13 without verification of parental consent, we will take steps to remove that information from our servers.

If we need to rely on consent as a legal basis for processing your information and your country requires consent from a parent, we may require your parent’s consent before we collect and use that information.

The Store may contain links to other websites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

We may update our Privacy Policy from time to time. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

If you have any questions about this Privacy Policy, use the Contact Us link in the footer of the Optimize Earth online Department Store at OptimizeEarth.com. 

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Store or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Store or on any related communication is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Store or on any related website or communication, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Store or on any related website or communication, should be taken to indicate that all information in the Store or on any related website or communication has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Store 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, 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 Store or of any related website, other websites, 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 Store or any related website, or the Internet. We reserve the right to terminate your use of Optimize Earth online Department Store services, affiliations or covenants for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of the Store will be uninterrupted, timely, secure or error-free. Nor do we warrant that the results that may be obtained from the use of the Store will be accurate or reliable.

You agree that from time to time we may remove certain options or services for indefinite periods of time or cancel any service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Store is at your sole risk. The Store and all products and services delivered to you through the Store are (except as expressly stated by us) 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.

In no case shall Optimize Earth, our management companies, directors, officers, employees, Brand Manufacturers, Optimizers, Affiliates, agents, contractors, interns, suppliers, service providers or licensors 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 service or any products procured using the Store, or for any other claim related in any way to your use of the Store or any product, 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 Store or any content (or product) posted, transmitted, or otherwise made available via the Store, even if advised of their possibility. 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.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Optimize Earth and our management companies, subsidiaries, Brand Manufacturers, Optimizers, Affiliates, partners, officers, directors, agents, distributors, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service 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 from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use the Store, services offered, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Store (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Optimize Earth online Department Store constitutes the entire agreement and understanding between you and us and govern your use of the Store, 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 the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Los Angeles, California US 90036.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to the Optimize Earth online Department Store. It is your responsibility to check the Store periodically for changes. Your continued use of or access to the Store or the service offered following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us using the Contact Us link at https://OptimizeEarth.com.