The Optimally Balanced Corp websites (each, this/the “Site,” and collectively, the “Sites”) are operated by Optimally Balanced Corp or its affiliated companies, subsidiaries or divisions (collectively “Optimally Balanced” or “us” or “we”). These Optimally Balanced Terms & Conditions and any additional terms or conditions that we post on the Site from time-to-time (“Terms & Conditions”) set forth the terms and conditions under which you may enter and use the Site and any services available on the Site which may include but are not limited to the following: the ability to purchase products through an online store or the ability to create a user profile and submit user generated content to the Site (collectively the “Services”). Registration to use the Services or some features of the Site may be necessary. As part of the registration process, you may be required to select a user name and password, which may require that you provide a screen name and/or a valid email address (“User ID”). Please read the Terms & Conditions carefully. By entering, accessing, or using the Site (or registering with the Site), you agree to the Terms & Conditions without limitation or qualification. If you do not agree to the Terms & Conditions (without limitation or qualification), you are not authorized to view or use the Site, and you must exit this Site, and cease all access to and use of the Site. The Terms & Conditions govern your access to and use of the Site regardless of the manner in which you access the Site (internet, mobile network, etc.).
BY USING THE SITE, YOU AFFIRM THAT YOU ARE BOTH A LEGAL RESIDENT OF ONE OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA AND YOU ARE THIRTEEN (13) YEARS OF AGE OR OLDER. YOU ALSO AFFIRM, BY ACCESSING OR USING THE SITE, THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT.
All purchases, user accounts and all other interactions with the site and/or Optimally Balanced and/or other related entities may be additionally governed by the Store Terms & Conditions, for non-wholesale purchases, and/or Wholesale Terms & Conditions, for any wholesale purchase or account. By accepting these Terms & Conditions you are consenting to and agreeing to be bound to the Store Terms & Conditions and/or the Wholesale Terms & Conditions. By continuing to use this site or interact with Optimally Balanced and/or other related entities you agree that Optimally Balanced had the sole discretion as to which agreement will apply in the event of conflicting, unclear or any dispute is raised concerning the applicable language for the term(s), condition(s), process(es) or other point of question.
These Terms & Conditions state the legally binding terms with respect to your use of the Site. Optimally Balanced reserves the right to modify or change the Terms & Conditions at any time without prior notice to you. Such modification or change shall be effective upon posting on the Site. If Optimally Balanced revises the Terms & Conditions, it will also revise the “Last Updated” date at the top of this page. The most current version of the Terms & Conditions can be reviewed by clicking on the “Terms & Conditions” hypertext link located at the bottom of the main page of the Site. Your continued entry to and/or use of the Site after Optimally Balanced posts any revised Terms & Conditions constitutes your agreement to any such revised Terms & Conditions.
1. General Use and Restrictions.
1.1. Use of Site. Conditioned upon, and subject to, your strict compliance with the Terms & Conditions, Optimally Balanced grants you a personal, non-exclusive, non-transferable, limited license to enter and use the Site to view information, use the Services and for other purposes expressly permitted by Optimally Balanced in writing on the Site.
You agree not to enter or use the Site for any purpose that is prohibited by the Terms & Conditions or is otherwise unlawful. You further agree to comply with all applicable U.S. laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Site. Optimally Balanced may, in its sole discretion, terminate or suspend your entry to, and/or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorization to enter the Site is terminated, you will not thereafter enter, or attempt to enter, the Site, directly or indirectly, and (b) if your authorization to enter the Site is suspended, you will not thereafter enter, or attempt to enter, the Site, directly or indirectly, until your suspension is removed and Optimally Balanced gives you express notice thereof.
1.2. Information Provided. If you provide any information to us, you agree to provide only true, accurate, current and complete information. Use of this Site is governed by our Privacy Policy which we encourage you to review by clicking on the hypertext link located at the bottom of the main page of this Site. Optimally Balanced’s use of personal information that may be submitted by children to this Site is governed by the Privacy Policy.
1.3. Use of Content. You may print or copy any information (including but not limited to third party advertisements) displayed or transmitted on the Site (collectively, “Content”) that you are authorized to access, solely for informational and non-commercial, personal use; provided that you (a) do not remove any title, trademark, copyright and/or restricted rights notices contained on such Content, and (b) strictly comply with the provisions of the Terms & Conditions including, without limitation, Section 1.4 below.
1.4. Restrictions. Except as provided in Section 1.3 above, you may not (and you agree that you will not) reproduce, alter, modify, create derivative works, or publicly display any Content without first receiving Optimally Balanced’s express written permission. You further agree not to, without first obtaining Optimally Balanced’s express written permission, (a) use any of its brands, trademarks or service marks as metatags on other web sites, (b) use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others, and/or (c) display any part of the Site in frames (or any Content via in-line links). You further agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, and not to insert any code or product or manipulate the Site in any way that affects the user’s experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Site. You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of the Site except for customary search engines used in accordance with automated instructions directed to search engines and available on the Site.
2.0 General.
2.1 Account and Password.
If we issue an account to use the Services to you (an “Account”), we will also issue a username and/or initial password for such Account to you (each user of the Service that is issued an Account shall be referred to herein as a “Registered User”). The portions of the Site available to the general public and to Registered Users may vary. You may not be able to access all features or use all Services on the Site if you do not become a Registered User. You may not authorize any third party to enter and/or use your Account on their behalf. Accordingly, you agree to protect your username and password by, among other things, keeping your username and password confidential. If, notwithstanding the foregoing obligation, you allow another party to use your username and/or password to access your Account, you will be responsible for all use by the party using your Account. You agree to (a) immediately notify Optimally Balanced of any unauthorized use of your password or any other breach of security, and (b) ensure that you exit from your Account at the end of each session.
2.2 Submissions and User Generated Content.
2.2.1. The Site may contain bulletin boards, chat groups, forums and other interactive areas that allow users to express their opinions and post information and/or other materials (collectively, “User Generated Content”). We do not monitor all of the User Generated Content posted or transmitted by users and third party information providers. You may have the opportunity to answer surveys, ratings and questions posted on the Site by a Optimally Balanced contractor. If you choose to respond, you will actually answer the survey, ratings and questions on the contractor’s site and will be subject to the contractor’s terms and conditions of use when you submit your responses. The contractor’s Terms & Conditions can be accessed by clicking the designated link on the Site.
2.2.2. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the third party and not of Optimally Balanced. Optimally Balanced does not represent or endorse the accuracy or reliability of any User Generated Content displayed, uploaded, or distributed on the Site by any third party. You acknowledge that any reliance upon any such third party User Generated Content is at your sole risk.
2.2.3. Optimally Balanced may, in its sole discretion, edit and/or remove any User Generated Content you submit to the Site. Without limiting the generality of the foregoing, Optimally Balanced may edit or remove any User Generated Content you submit to the Site that Optimally Balanced, in its sole discretion, deems abusive, defamatory, obscene, unlawful, or otherwise unacceptable or in violation of these Terms & Conditions, and you waive any moral rights you may have with respect to changes in the User Generated Content. We are not responsible for maintaining your posted User Generated Content and we may, in our sole discretion, delete or destroy it at any time with no liability or obligation to you.
2.2.4. You are solely responsible for any User Generated Content you submit to the Site. We shall not be liable for the use or misuse of any information or data, including personal information that is included in any User Generated Content that you submit to the Site.
2.2.5. By submitting User Generated Content to the Site, you hereby grant to Optimally Balanced, its affiliates and related entities, a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, exploit, modify, archive, store, reproduce, adapt, publish, translate, create derivative works from, distribute, perform and display all such User Generated Content in any form, media, software or technology of any kind now existing or developed in the future. You further grant Optimally Balanced, its affiliates, related entities, licensees and assignees the right to use your name and any other information about you that you provide in connection with any such use of the User Generated Content. You understand and agree that visitors to the Site may use any User Generated Content you submit to the Site in accordance with these Terms & Conditions. User Generated Content submitted by you to this Site can be used according to these Terms & Conditions without compensation or acknowledgement to you.
2.3 Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Optimally Balanced has no obligation to monitor the Communication Services. However, Optimally Balanced reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Optimally Balanced reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Optimally Balanced reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Optimally Balanced’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Optimally Balanced does not control or endorse the content, messages or information found in any Communication Service and, therefore, Optimally Balanced specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Optimally Balanced spokespersons, and their views do not necessarily reflect those of Optimally Balanced.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
3. User Generated Content Limitations.
3.1. You agree not to post User Generated Content that:
3.2. Any User Generated Content posted by you or others will be deemed not to be confidential or secret. You understand that personal and other information (e.g., username, e-mail address, phone number) that you post on our Site is generally accessible to, and may be collected and used by others, and may result in unsolicited messages or other contact from others. To protect your safety, please use your best judgment when posting information. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you.
4. Termination/Access Restriction
Optimally Balanced reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida, and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Optimally Balanced as a result of this agreement or use of the Site. Optimally Balanced’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Optimally Balanced’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Optimally Balanced with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Optimally Balanced with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Optimally Balanced with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
5. Linking and Third Party Dealings.
5.1. Links to External Sites. Optimally Balanced may provide hyperlinks to other web sites and Internet resources operated by parties other than Optimally Balanced. Optimally Balanced has no control over such sites and resources or their privacy policies or terms and conditions and Optimally Balanced’s policies and terms no longer govern. Such hyperlinks are provided for your reference only. The inclusion of hyperlinks to such web sites does not imply any sponsorship, affiliation or endorsement of the material on such web sites or with their operators.
5.2. Linking to the Site. Subject to the further provisions of this Section 4, Optimally Balanced welcomes links to the Site from other web sites. However, if Optimally Balanced demands that you not link to the Site, or any portion of the Site, you agree that you will not, directly or indirectly, link to the Site or such portion of the Site as directed in our demand, at any time after such demand is made.
6. Intellectual Property.
6.1 General. Except for Content that is in the public domain, the Site and all Content, as well as the selection and arrangement of the Content, is owned by (or licensed to) Optimally Balanced or its suppliers and is protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be used, copied or imitated in whole or in part except as expressly provided herein. Except as otherwise expressly provided in the Terms & Conditions, all rights in and to the Site and Content are expressly reserved by Optimally Balanced.
6.2 Trademarks. The brands, logos, tradenames, trademarks (both registered and common law) and service marks (both registered and common law) are the property of Optimally Balanced, its affiliates, and their respective licensors. Not all brands, logos, tradenames, trademarks and service marks of Optimally Balanced and its affiliates appear on this Site. Except as expressly provided in Section 1.3 above, none of the foregoing may be copied, imitated or used, in whole or in part, without Optimally Balanced’s prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Optimally Balanced or its licensors and may not be copied, imitated, or used, in whole or in part, without Optimally Balanced’s prior written permission.
7. Children Under Thirteen
Optimally Balanced does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use toadalrepellant.com only with permission of a parent or guardian.
7.1 Parental Controls. Pursuant to Title 47, United States Code, Section 230(d) as amended, Optimally Balanced hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available which may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from OnGuard Online (http://onguardonline.gov/).
Optimally Balanced does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use toadalrepellant.com only with permission of a parent or guardian.
8. Rules for Contests, Sweepstakes, Activities, Surveys, and Similar Promotions.
Any sweepstakes, contests, challenges, activities, surveys, or similar promotions (each, a “Promotion”) made available through the Site may be governed by specific rules that are separate from these Terms. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. Optimally Balanced strongly advises that anyone participating in any Promotion read the applicable rules for such Promotion, and to review Optimally Balanced’s Privacy Policy which, in addition to these Terms, governs any information submitted by any person participating in any Promotion.
9. Policy, Notices and Procedures Regarding Claims of Copyright Infringement.
Optimally Balanced respects the intellectual property rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify our agent as provided in this Section 8. Pursuant to Title 17, United States Code, Section 512(c)(2), notification of claimed copyright infringement should be directed to:
By Mail: | Optimally Balanced Corp Boynton Beach, FL 33437 |
By Email: |
NOTE: The preceding information in this Section 8 is provided exclusively for notifying Optimally Balanced that your copyrighted material may have been infringed. All other inquiries, such as product or service related questions and requests, or questions on privacy, will not receive a response through this process.
10. Indemnification.
You hereby agree to indemnify and hold harmless Optimally Balanced and its affiliates, officers, members, directors, employees, shareholders, information providers, suppliers, contractors and licensees (collectively, “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach, or alleged breach, of any of the Terms & Conditions by you.
11. Limitation of Liability.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. OPTIMALLY BALANCED A DIVISION OF OPTIMALLY BALANCED AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
OPTIMALLY BALANCED AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. OPTIMALLY BALANCED A DIVISION OF OPTIMALLY BALANCED CORP AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPTIMALLY BALANCED, ITS LICENSORS OR THE INDEMNIFIED PARTIES BE LIABLE OR FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE TERMS AND CONDITIONS, THE SITE, SERVICES OR CONTENT. SUBJECT TO THE BELOW PROVISION IN NO EVENT SHALL OPTIMALLY BALANCED’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED $10.00 USD.
NOTWITHSTANDING THE ABOVE, NOTHING IN THIS PROVISION SHALL BE UNDERSTOOD TO LIMIT OPTIMALLY BALANCED’S LIABILITY (1) FOR PERSONAL INJURY OR DEATH ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE TERMS AND CONDITIONS, THE SITE, SERVICES OR CONTENT OR CAUSED BY OPTIMALLY BALANCED’S OWN NEGLIGENT, INTENTIONAL OR OTHERWISE UNLAWFUL MISCONDUCT OR (2) FOR ANY DAMAGES CAUSED BY OPTIMALLY BALANCED’S FAILURE TO ADHERE TO COMMERCIALLY REASONABLE EFFORTS TO PROTECT YOUR PERSONAL INFORMATION.
12. Modifications to the Site.
For the avoidance of doubt, Optimally Balanced may modify, suspend, discontinue and/or restrict the use of all or any portion of the Site including, without limitation, the Services and Content, at any time for any reason (or for no reason) and without notice or liability.
13. Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
14. Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Optimally Balanced agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
15. Governing Law and Jurisdiction.
The Site is hosted on servers located in the United States and is intended to be viewed by residents of the United States. Although the information on this Site is accessible to users outside of the United States, the information on this Site pertaining to Optimally Balanced products is intended for use only by residents of the United States. Other countries may have laws and regulatory requirements that differ from those of the United States. This Site links to other sites produced by our affiliates or for our various brands, some of which are outside of the United States. Those sites may have information that is appropriate only to that particular originating country or geographic region. Optimally Balanced reserves the right to limit provision of our products and/or Services to any person, geographic region or jurisdiction and/or to limit the quantities or any products and/or Services we provide. Any offer for any product or Service made on this Site is void where prohibited.
The Terms & Conditions shall be deemed to be agreed to by you in West Palm Beach, Florida. The Terms & Conditions, and all matters arising out of or relating to the Terms & Conditions, shall be governed by the laws of the State of Florida and the United States, without giving effect to the conflict of law provisions thereof and excluding any application of the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You consent to exclusive jurisdiction and venue in the federal courts sitting in West Palm Beach, Florida unless no federal subject matter jurisdiction exists, in which case you consent to exclusive jurisdiction and venue in the state courts sitting in West Palm Beach, Florida. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
16. General Provisions.
If any provision of the Terms & Conditions is declared or found to be illegal, unenforceable or void, then the invalid or unenforceable provision shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remaining provisions of the Terms & Conditions shall remain in full force and effect. Section headings are provided for convenience only and shall not be read or interpreted to restrict any provision contained in the Terms. No right or remedy conferred by the Terms & Conditions is exclusive of any other right or remedy conferred herein or by law or in equity; rather, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised concurrently or separately from time-to-time. Optimally Balanced may provide notice to you relating to the Terms & Conditions by sending an e-mail to your last known e-mail address, if any, your last known postal address, if any, or posting a notice on the Site, and any such notice shall be deemed given and received on the earlier of the day it is sent to you or the day it is posted on the Site. A printed version of the Terms & Conditions and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Optimally Balanced to insist upon or enforce strict performance by you of any provision of the Terms & Conditions shall not be construed as a waiver of any provision or right. If Optimally Balanced brings any suit against you to enforce the Terms & Conditions or otherwise in connection with your use of and/or entry onto the Site, you agree that if Optimally Balanced prevails in such suit Optimally Balanced shall be entitled to recover all costs and expenses incurred in such suit including reasonable attorneys’ fees.
17. Changes to Terms
Optimally Balanced reserves the right, in its sole discretion, to change the Terms & Conditions under which toadalrepellant.com, or any related site, is offered. The most current version of the Terms & Conditions will supersede all previous versions. Optimally Balanced encourages you to periodically review the Terms to stay informed of our updates.
18. Forward-looking Statements.
This site may contain forward-looking statements which may involve risks and uncertainties. Actual results may differ from these statements as a result of changes in external competitive market factors, unanticipated changes in the company’s industry, or economy in general, as well as various other factors.
19. Contact Us
Optimally Balanced welcomes your questions or comments regarding the Terms:
Optimally Balanced Corp
6615 West Boynton Beach Blvd Suite 176
Boynton Beach, Florida 33437
Email Address: webmaster@optimallybalanced.com
Telephone number: (561) 440-2590
Effective as of February 02, 2022
Optimally Balanced Pets, a division of Optimally Balanced Corp, manages the TOADAL™ Repellant product line.
Please use responsibly. Always use as little as needed to ensure your pets safety. This product is intended as a deterrent and repellent to protect pets from Bufo Toads (aka. Cane Toads), and other amphibians, and reptiles. It is not intended to be used as a euthanizing agent for amphibians and reptiles.
TOADAL™ Repellant is a brand and product produced and distributed by Optimally Balanced™ Pets a division of Optimally Balanced Corp.®
© 2021 Optimally Balanced™
