Site Terms of Use
The Website is an Internet property of BP120 and located at:
90 East Halsey Rd, Ste 333 #2304
Parsippany , NJ, 07054 , USA
BP120, owns and promotes various trademarked brands including, but limited to:
- BP120
As it relates to any of our online properties, you agree to the following Website Terms of Use in their entirety, when you: (1) access or use the Website; and/or (2) purchase products or services offered on our Website (“Online Products”). The Privacy Policy (“Privacy Policy”) and any and all other applicable BP120 operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the “Agreement”). Please review the Agreement carefully. If you do not agree to the terms and conditions contained within the Agreement in its entirety, you are not authorized to use the Website in any manner or form whatsoever.
Definitions
The “BP120 Sites” shall mean all areas and services offered or available on the interactive online service operated by BP120 and/or its affiliates on the World Wide Web. The BP120 sites consist of information, services and content provided by BP120 and/or its affiliates and/or third parties.
General
BP120 shall have the right at any time to change or discontinue any aspect or feature of the sites including, but not limited to the content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately without further notice thereof. Amendments to the terms and conditions contained herein may be given by means including but not limited to, posting on the BP120 sites a revised version of this Agreement or notification by electronic mail. Any use of the BP120 sites after such notice shall conclusively be deemed to be acceptance of such changes, modifications, additions or deletions. The user agrees to review the terms and conditions of this Agreement periodically to be aware of such revisions.
Use of the BP120 Sites. A. The BP120 sites contain copyrighted material; trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the BP120 sites are copyrighted as a collective work under the United States copyright laws. BP120 is the owner of the copyright in the entire BP120 sites. BP120 owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the BP120 Sites or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the BP120 sites without the express permission of BP120 and, if applicable, the copyright owner. In the event of any permitted copying, redistribution or publication of material from the BP120 sites, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading or copying copyrighted material.
B. You hereby grant to BP120 and its respective brands and affiliates worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any e-mail, video, graphic, data, or information sent by you to BP120 (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed.
C. You shall provide BP120 with accurate, complete and updated information provided by you at the time of your purchase.
D. The BP120 sites contain links to other Web sites, resources and advertisers. BP120 is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall BP120 be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site’s administrator or web master.
E. You agree not to take any action to interfere with the function or accessibility of any BP120 sites or to take any action to restrict the access of others thereto.
F. The foregoing provisions of this Section 3 are for the benefit of BP120, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf or jointly with others.
G. BP120 has carefully designed all BP120 sites with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of this BP120 site in any way that interferes with that purpose. In particular, BP120 prohibits any party from displaying the content of this or any BP120 sites in any format where third party advertising or other materials that BP120 did not authorize in writing is viewed or viewable together with BP120’ proprietary content.
Disclaimer of Warranty; Limitation of Liability.
A. YOU EXPRESSLY AGREE THAT USE OF THIS BP120 SITE IS AT YOUR SOLE RISK. NEITHER BP120, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE BP120 site WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE BP120 SITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE SITES.
B. THE BP120 SITES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED, DIRECTLY OR INDIRECTLY, BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOUR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BP120 IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
D. IN NO EVENT WILL BP120 OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING CONTENT FROM THE BP120 SITES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE BP120 SITE OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 4 SHALL APPLY TO ALL CONTENT ON THE BP120 SITE. BP120’s LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO BP120.
E. BP120 NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THIS BP120 SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE BY. UNDER NO CIRCUMSTANCES WILL BP120 BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THIS BP120 SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE BP120 SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
F. BP120 DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE BP120 SITES (WITH THE SOLE EXCEPTION BEING WRITTEN WARRANTIES PROVIDED IN CONNECTION WITH BP120 PRODUCTS OR SERVICES) AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. BP120 MAKES PRODUCTS OR SERVICES AVAILABLE ON THE BP120 SITES WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
Indemnification
You agree to defend, indemnify and hold harmless BP120, its brands, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use by you of the BP120 sites, including claims by other users of your equipment, access or membership.
Termination
BP120 shall have the right to immediately terminate this Agreement with respect to any user which BP120, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 3, 4, 5, 6, 7, and 8 shall survive termination of this Agreement.
Trademarks
All trademarks appearing on the BP120 sites are the property of their respective owners, including, in some instances, BP120, and/or affiliated companies.
Title & Risk of Loss
All Online Products purchased from BP120 are made pursuant to a shipment contract with our carriers. That means that risk of loss and title for the Online Products purchased pass to you upon our delivery to the carrier.
Miscellaneous
All purchases are denominated in USD.
This Agreement and any operating rules for the BP120 sites established by BP120 constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
This Agreement shall be construed in accordance with the laws of the province of Ontario, in Canada without regard to its conflict of laws rules. Any dispute arising under or relating to this Agreement or any BP120 Site shall be brought in state or federal courts in Guelph; Ontario, and you hereby irrevocably consent to the jurisdiction of such courts. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. You also give full permission to BP120 to charge other accounts provided on items purchased and not paid for. The section headings used herein are for convenience only and shall not be given any legal import.
Returns, Exchanges and Refunds Policy
All purchases from any BP120 website includes our 365 Day return period. Here is how it works:
Buy any of our quality products and take a year to evaluate it.
If you determine within the first 365 days from the date of purchase that it’s not working for you, simply call us to get a full refund of the purchase price (not including shipping & handling).
No need to return the product or any bottles, etc. in order to take advantage of our refund policy.
Delivery Policy
Orders are processed and shipped within 24 hours during regular business hours Monday thru Friday inclusive. Orders placed on the weekend or on holidays are processed and shipped on the next business day. Orders are shipped via USPS or UPS and are typically received within 5 to 7 business days from the order date. You will receive an Order Shipment confirmation via email with your tracking details once your order has shipped. If you don’t receive your shipment within 7 business days from the date of order, please contact us at 844-248-3717 or Support (at) Optimal - health (dot) com