Last updated 3/10/2024

Terms and Conditions for Optimal Health Protocol

These Terms and Conditions describe the services offered by us and form a contract between you, the user, and XCLSV Brands B.V.

These Terms and Conditions must be accepted in order to use the Site and purchase our Products.

BY USING THIS SITE, USERS AGREE TO BE BOUND BY THE TERMS OF THESE TERMS AND CONDITIONS. ANY USERS WHO DO NOT AGREE WITH THESE TERMS SHOULD NOT USE THIS SITE.

Optimal Health Protocol wants you to use your own common sense and a safe approach to health and wellness. Please take a few minutes to read these guidelines, as they are a part of the terms and conditions of our website.

SECTION I: DEFINITIONS, AGREEMENT TO BE BOUND

1.1. Definitions

References to "Dispute" mean any claim, conflict, controversy, disagreement between the parties arising out of, or related in any way to, these Terms (or any Terms, supplement or amendment contemplated by these Terms), including, without limitation, any action in tort, contract or otherwise, at equity or at law, or any alleged breach, including, without limitation, any matter with respect to the meaning, effect, validity, performance, termination, interpretation or enforcement of these Terms or any Terms contemplated by the Terms.

References to "Material Breach" mean any breach of these Terms upon the occurrence of which a reasonable person in the position of the non-breaching party would wish to immediately terminate these Terms because of that breach.

References to the "Product" mean any and all products offered by us, including but not limited to ebooks and online courses related to optimal health and wellness protocols.

References to the "Site" mean the Web site bearing the URL

www.optimalhealthprotocol.com

as well as any other Sites owned and/or operated by us under the Optimal Health Protocol brand.

References to the "Terms" and/or "Agreement," mean these Terms and Conditions as set forth herein.

References to "us," "we," "our," and/or "OHP" mean XCLSV Brands B.V., a company registered in the Netherlands.

References to "you," and/or "User" mean the User of the Site and/or purchaser of a Product.

1.2. Agreement to be Bound

The following Terms and Conditions, together with the relevant information set out on this Site, including any features and services available, such as RSS feeds, podcasts, video and photographs, publications, and other materials are subject to the Terms and Conditions set forth below. Please read them carefully as any use of this Site constitutes an agreement, without acceptance, to be bound thereby by the User. By using the Site or otherwise purchasing a Product, you represent that you are at least eighteen (18) years old, have read and understand the Terms and Conditions, and that you agree to be bound by these Terms and Conditions as set forth below.

These Terms and Conditions are subject to the Privacy Policy, which also governs your use of the Site.

SECTION II: GENERAL PROVISIONS

2.1. Accuracy, Completeness, and Timeliness of Information Provided via the Site

We are not responsible if information made available on the Site is not accurate, complete, or current. You acknowledge that the Site and the Products are 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. This includes but is not limited to financial, healthcare, and/or legal decisions, actions, or failures to act, or any other undertakings. Any reliance on the Site and/or the Products is at your own risk.

2.2. Errors in Website or Products

We do not warrant that any errors in the Site or the Products will be corrected.

2.3. Modifications and Changes to Terms and Conditions

We may modify, add to, suspend, or delete these Terms and Conditions or other agreements, in whole or in part, in our sole discretion at any time, with such modifications, additions or deletions being immediately effective upon their posting to the Site and/or emailing to our registered Users. Your use of the Site after modification, addition or deletion of these Terms and Conditions shall be deemed to constitute acceptance by you of the modification, addition, or deletion.

2.4. Modifications and Changes to the Website, Product Offered

We may modify, add to, suspend, or delete any aspect of this Site or any Products offered by us, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications, additions or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use.

2.5. Access to Site

Though we try to make the Site available twenty-four (24) hours a day, seven (7) days a week, except for planned down-time for maintenance, we do not warrant that the Site will be available at all times.

We do not warrant that your computer, tablet, and/or smartphone will be able to access and/or support the Site.

2.6. Right of Refusal, Limitation, Discontinuation, and Termination

We reserve the right to refuse to provide access to the Site or purchase of a Product for any reason at any time in our sole and exclusive discretion. We may, in our sole and exclusive discretion, limit or cancel a User Account (as defined below) for any reason whatsoever, as allowable by law. In the event that we make a change to or cancel an Account, we may attempt to notify you by contacting the e-mail provided at the time your Account was created; however, the failure to do so shall not result in any liability, including liability for lost data deleted as a result of the Account termination.

2.7. Prohibited Uses of Site

In addition to the other restrictions on use set forth herein, you agree and acknowledge that you shall not use the Site: (a) for any unlawful purpose; (b) to solicit Users to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Site; (c) to violate any international, governmental, 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 Site; (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 Site. We reserve the right to terminate your use of the Site for violating any of the prohibited uses or for any other reason in our sole and exclusive decision.

2.8. Professional Disclaimer

Nothing on this website constitutes, or is meant to constitute professional advice of any kind. If you require advice in relation to any legal, financial, psychological, or medical matter you should consult an appropriate professional.

Optimal Health Protocol offers content on the topic of health and wellness for informational purposes. As our products are for informational purposes only, they are NOT to be considered as medical, psychological or professional advice.

By purchasing our products or using our website, you must agree that we are NOT providing you with any medical or psychological counsel. All information provided is for informational purposes only.

2.9. Newsletter

If you choose to join our free newsletter (by entering your name and email), you agree that we may contact you with email messages, including sending you information that we think will be interesting or useful to you.

We may also, on occasion, send you emails which recommend useful products. We may receive financial compensation if you purchase any of these products. You are under no obligation to buy these products and you can unsubscribe at any time. We attempt to provide an unsubscribe link in every email. You may also contact us to have your name removed from our newsletters.

By subscribing to our newsletter you also agree that you will take no legal or financial action against

OptimalHealthProtocol.com or any of its affiliates or partners in the event that you are unsatisfied with our newsletter.

SECTION III: ACCOUNTS

3.1. Online Accounts

Users may be given the opportunity to register via an online registration form to create a User account, (your "Account,") that will allow you to receive information from us and/or to participate in certain features of the Site and/or purchase Products. We will use the information you provide in accordance with our Privacy Policy. 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 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. Accounts may be cancelled at any time via the Account settings.

3.2. Transfer Prohibited

You agree you shall not sell, trade or transfer that Account to any other person or entity.

3.3. Right to Monitor

We shall have the right to monitor your Account in our sole and exclusive discretion.

3.4. Account Guidelines

The Site may contain the ability for Users to interact with each other via comment and discussion areas or through the submission of blog posts ("Interactive Area.") By participating in an Interactive Area, all Users agree and acknowledge that they:

Shall not upload, distribute or otherwise publish to the Site any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material; andShall not threaten or verbally abuse other Users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam"; andShall not use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Interactive Area and use of the Site; andShall not personally attack another User. Personal attacks are a direct violation of these Terms and Conditions and are grounds for immediate and permanent suspension of access to all or part of the Interactive Area and use of the Site; andShall not use the Interactive Area to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services except for the sale of goods in the scope envisioned by the express purpose of the Site; andShall not upload, post or otherwise transmit any content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability; andShall not post unauthorized commercial communications (such as spam); andShall not upload, post or otherwise transmit any content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them; andShall not upload, post or otherwise transmit content that does not generally pertain to the designated topic or theme of any Interactive Area; andShall not impersonate any person or entity, including, but not limited to, any of our employees, or falsely state or otherwise misrepresent your affiliation with any person or entity; andShall not interfere with any other User's right to privacy, including by harvesting or collecting personally-identifiable information about other Users of our Interactive Area or posting private information about a third-party; andShall not engage in unlawful multi-level marketing, such as a pyramid scheme; andShall not upload, post or otherwise transmit any content, software or other materials which contain a virus or other harmful or disruptive component; andShall not interfere with or disrupt the Site and/or the Interactive Area or the servers or networks connected to the same, or disobey any requirements, procedures, policies or regulations of networks connected to the Site and/or the Interactive Area; andShall not facilitate or encourage any violations of these Terms and Conditions or our policies.

Users agree further and acknowledge that any profile they create may be edited, removed, modified, published, transmitted, and displayed by us, and they waive any rights they may have in having the material altered or changed in a manner not agreeable to them.

3.5. Rights in Submissions

Should you submit, display, publish or otherwise post any content to an Interactive Area, ("Submissions,") you agree to grant to us and our partners and affiliates a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Submissions in any and all media now known or hereinafter developed for hosting, indexing, caching, distributing, tagging, marketing, and for all other lawful purposes without the requirement to make payment to or seek permission from you or to any third party.

You represent and warrant that you own or have a valid license to use any and all Submissions and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any Submissions does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

3.6. Right to Monitor

We shall have the right to monitor your Account and any Submissions in our sole and exclusive discretion.

3.7. Customer Support

Customer support regarding your Account or any Product purchase may be reached at

[email protected]

. We strive to return support requests within forty-eight business hours.

SECTION IV: TERMS OF SALE

4.1. Sales Price

The sale price for our Products is as set forth on the checkout page and at the point of sale. Taxes, to the extent applicable, shall be included at the point of sale. Sales prices are subject to change at any time in our sole and exclusive discretion.

4.2. Payment Method

Payment shall be made electronically via the User's selected payment method. Payments shall be processed immediately.

4.3. Refunds

At Optimal Health Protocol, your satisfaction is our priority. We offer a lifetime guarantee on all our products.

If at any point you find yourself unsatisfied with your purchase, email us at

[email protected]

and we'll address your concerns or provide a refund.

With no physical product to return, there's no need for shipping costs or trips to the post office. Your purchase will appear on your statement under the name XCLSV BRANDS B.V. or a similar variation.

SECTION V: INTELLECTUAL PROPERTY

5.1. Intellectual Property Rights Not Waived

This is an Agreement for access to and use of the Site and Products, and you are not granted a license to any software or intellectual property by these Terms and Conditions. The Site and Products are protected by Dutch and, where applicable, international intellectual property laws. The Site and Products belong to us and are the property of us or our licensors (if any). We retain all ownership rights in the Site and Products.

Furthermore, all material displayed or transmitted on this Site and via the Products, including but not limited to text, photographs, images, illustrations, video clips, audio clips, and graphics, ("Materials,") are owned by us and are protected by Dutch 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 the Site or via the Products, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the Materials. 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 Materials provided by us on this Site or via a Product purchase 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 accessed on this Site without our express written permission. All requests for archiving, republication, or retention of any part of the Materials must be in writing to us and must clearly state the purpose and manner in which the Material will be used. Requests for permission to archive, retain, or republish any part of the Materials may be submitted to

[email protected]

.

5.2. Feedback

You may have the opportunity to provide reviews, suggestions, ideas, and feedback, (collectively, "Feedback.") Should you so provide such Feedback, you grant us sole ownership of the same, which includes, without limitation