Terms of service
OVERVIEW
Welcome to OptiHealth Nutrition US! The terms "we", "us" and "our" refer to OptiHealth Nutrition US. OptiHealth Nutrition US operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). OptiHealth Nutrition US is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
1) Eligibility
You must be at least 18 years old (or the age of majority where you live) to use the Site and purchase products. By using the Site, you represent that you meet this requirement.
2) Not Medical Advice
Information on the Site is provided for general informational purposes only and is not medical advice. Our products are not intended to diagnose, treat, cure, or prevent any disease. Always consult a physician or other qualified healthcare professional before using dietary supplements, especially if you are pregnant, nursing, have a medical condition, take medications, or are planning a medical procedure.
FDA Disclaimer: Statements on this Site have not been evaluated by the Food and Drug Administration.
3) Products, Orders, and Acceptance
All product descriptions, pricing, and availability are subject to change at any time without notice. We may limit or cancel quantities purchased per person, per household, or per order.
Your order is an offer to purchase. We reserve the right to accept or reject any order for any reason, including suspected fraud, unauthorized or illegal activity, or inventory issues. An order is not accepted until we confirm shipment and/or charge your payment method.
4) Pricing, Taxes, and Shipping
Prices are shown in [USD] unless stated otherwise. You are responsible for applicable taxes, shipping, and handling charges, which will be disclosed at checkout.
Estimated shipping/delivery dates are not guarantees. We are not responsible for delays outside our control (carrier delays, weather, customs, etc.).
5) Returns, Refunds, and Chargebacks
Your purchase may be subject to our Return/Refund Policy (if posted on the Site), which is incorporated into these Terms by reference.
If you initiate a chargeback without first contacting us to attempt resolution, we reserve the right to suspend your account and refuse future orders.
Contact for support: [support@optihealthus.com] (replace with your real support email)
6) Subscriptions and Recurring Billing (If Offered)
If you purchase a subscription or autoship product:
- You authorize us to charge your payment method on a recurring basis at the frequency disclosed at checkout.
- Subscription pricing, frequency, and product selection may be modified with notice as required by law.
- You can cancel or manage your subscription through [your account page URL] or by contacting us at [support email] before the next billing date.
If you cancel after a renewal charge has processed, we will follow the refund rules in our Return/Refund Policy.
7) Promotions and Discount Codes
Promotional offers and discount codes:
- may be time-limited,
- may not be combined unless explicitly stated,
- may exclude certain products, and
- may be discontinued at any time.
8) Account Registration
You may need an account to use some Site features. You agree to provide accurate information and keep it current. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.
9) Prohibited Uses
You agree not to:
- violate any law or regulation;
- attempt to gain unauthorized access to the Site or related systems;
- interfere with Site security or operation (including transmitting malware);
- use automated scraping or data-mining tools without permission;
- misrepresent affiliation with Optihealth; or
- use the Site for deceptive, fraudulent, or harmful purposes.
10) Intellectual Property
All Site content (text, graphics, logos, product names, images, videos, and software) is owned by Optihealth or its licensors and is protected by intellectual property laws. You may not copy, distribute, modify, create derivative works, publicly display, or exploit any content without our prior written consent.
11) User Content (Reviews, Comments, Submissions)
If you submit content (e.g., reviews, testimonials, comments, photos):
- You represent you have the rights to submit it and it is accurate and not misleading.
- You grant Optihealth a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, translate, distribute, and display that content for marketing, product, and operational purposes.
We may remove content at our discretion.
12) Third-Party Services and Links
The Site may include links to third-party websites or services (payment processors, shipping carriers, social platforms). We do not control and are not responsible for third-party content, policies, or practices. Your use of third-party services is at your own risk.
13) Disclaimer of Warranties
THE SITE AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
We do not warrant that the Site will be uninterrupted, error-free, or secure.
14) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPTIHEALTH WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR PRODUCTS.
IN NO EVENT WILL OPTIHEALTH’S TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO OPTIHEALTH FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY (OR $100, WHICHEVER IS GREATER), UNLESS A DIFFERENT LIMIT IS REQUIRED BY LAW.
Some states do not allow certain limitations, so some of the above may not apply to you.
15) Indemnification
You agree to indemnify and hold harmless Optihealth and its owners, officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Site, your violation of these Terms, or your violation of any rights of another.
16) Dispute Resolution and Governing Law
These Terms are governed by the laws of the State of [Your State], without regard to conflict-of-law principles.
Informal Resolution: Before filing a claim, you agree to contact us at [support@optihealthus.com] and attempt to resolve the dispute informally within 30 days.
Venue: Unless prohibited by law, any legal action must be brought in the state or federal courts located in [County, State], and you consent to their jurisdiction.
Optional: If you want arbitration (often stronger for ecommerce), tell me your state and I’ll add a clean arbitration + class action waiver clause.
17) Changes to These Terms
We may update these Terms at any time. Changes are effective when posted on the Site with an updated “Last updated” date. Continued use of the Site after changes means you accept the updated Terms.
18) Contact Us
Optihealth Nutrition
Email: support@optihealthus.com
Phone: 440-226-9645