Last Updated: July 27, 2026
The following Terms and Conditions (“Terms”) apply to all users of the Optimize Mind Performance
website located at <https://www.optimizemindperformance.com/>, the Optimize Mind Performance (OMP)
App and any websites, subdomains, mobile versions, applications and services (collectively, the “Services”),
which are operated by Optimize Mind Performance, Inc., Optimize Mind Performance Pty Ltd, and any of
their affiliates (“OMP,” “we” or “us”).
These Terms represent a legally binding agreement between you, an individual user or a single entity
(collectively or individually “Users”), and OMP regarding your use of the Services. Together, Users and
OMP are each referred to herein individually as a “Party” or collectively as the “Parties.” When using the
Services, you will be subject to any additional posted guidelines or rules applicable to specific services and
features which may be posted from time to time on the OMP Services (the “Guidelines”). All Guidelines
are incorporated by reference into these Terms.
BEFORE USING THE SERVICES, PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY
ACCESSING, BROWSING, USING AND/OR REGISTERING FOR THE SERVICES, YOU
ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY
THE FOLLOWING TERMS, INCLUDING THE GUIDELINES, AND ANY FUTURE
MODIFICATIONS. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE
IMMEDIATELY TERMINATE YOUR USE OF THE SERVICES.
1. Children. You must be the age of Majority (18 in most states of the United States; older in some
jurisdictions) or older to register with us. While individuals under the age of 18 (but not younger than
13) may use the Services, they must do so only with the consent and involvement of a parent or legal
guardian, under such persons account and otherwise subject to these Terms. OMP does not seek through
its Services to gather personal information from or about persons under the age of 13. NOTICE: Visit
www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting children’s privacy
online.
2. Privacy Notice. Your privacy is important to OMP. OMP’s Privacy Policy is incorporated into these
Terms by reference. Please read the Privacy Policy carefully for information relating to OMP’s
collection, use and disclosure of your Personal Information. The Privacy Policy also describes your
privacy rights, including, where applicable, your U.S. state consumer privacy rights, your consumer
health data rights, and your rights under the EU General Data Protection Regulation (GDPR) and UK
GDPR, as well as how to exercise those rights. A link to our Privacy Policy is also contained in the
footer of the OMP website.
3. Modification of the Terms. OMP reserves the right, at our discretion, to change, modify, add or
remove portions of these Terms at any time for any reason, and we may notify you of such changes
through any of a variety of means, including a change to the “Last Updated” date set forth above and
other reasonable means to be determined at our discretion. All changes shall be effective immediately.
Please check these Terms periodically for changes. Your continued use of the Services after the posting
of changes constitutes your binding acceptance of such changes.
4. Services Access, Linking. OMP grants you permission to use its Services as set forth in these Terms,
provided that and for so long as (i) you use the Services solely for your personal, non-commercial use
that does not compete, directly or indirectly; (ii) except as expressly permitted in these Terms, you do
not download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display or
otherwise use or exploit any portion of the Services in any medium without OMP’s prior written
authorization; (iii) you do not alter or modify any part of the Services other than as may be reasonably
necessary to use the Services for its intended purposes; (iv) you do not engage in any of the prohibited
uses as described in these Terms; and (v) you otherwise fully comply with these Terms. The Services
are controlled and offered by OMP from its facilities in the United States. OMP makes no
representations that the Services are appropriate or available for use in other locations. If you are
accessing or using the Services from other jurisdictions, you do so at your own risk, and you are
responsible for compliance with local laws.
5. Ownership; Proprietary Rights. The Services, including all content, visual interfaces, interactive features, audio, video, digital content,
information, text, graphics, design, compilation, computer code, products, software, services,
proprietary information, copyrights, service marks, trademarks, trade names, distinctive information
such as logos, the selection, sequence, “look and feel,” arrangement of items, and all other elements of
the Services that are provided by OMP (“OMP Materials”) are owned and/or licensed by OMP and are
legally protected, without limitation, under U.S. federal and state laws and regulations, as well as
applicable foreign laws, regulations and treaties. OMP Materials do not include Non-OMP Content (as
defined below). Except as expressly authorized by OMP, you agree not to sell, license, distribute, copy,
modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, reverse
engineer or disassemble any software or otherwise make unauthorized use of the Services or OMP
Materials. OMP reserves all rights not expressly granted in these Terms. You shall not acquire any right,
title or interest to the OMP Materials, except for the limited rights expressly set forth in these Terms.
6. Account Information. If you register with us, or otherwise provide user information, you must
complete the registration process by providing us with complete and accurate account information. You
grant to us and to all other persons and entities involved in the operation of the Services the right to use,
store, monitor, retrieve and transmit your account information in connection with the operation of the
Services and as otherwise provided herein. Our information collection and use policies with respect to
the privacy of your account information are set forth in our Privacy Policy, which is incorporated into
these Terms by reference for all purposes. You acknowledge, consent, and agree that OMP may access,
preserve and disclose your account information and User Content (as defined below) if required to do
so by law or in a good-faith belief that such access preservation or disclosure is reasonably necessary
to (a) comply with legal process; (b) enforce the Terms; (c) respond to any claim that User Content (as
defined below) violates the rights of third parties; (d) provide certain customized features of the
Services to you, if any; (e) respond if you contact OMP for any reason; or (f) protect the rights, property,
or personal safety of OMP, its other Users, and the public.
7. Password. As you will be responsible for all activities that occur under your account, you should keep
your password confidential. Our Services may implement technology that enables us to recognize you
as the account holder and provide you with direct access to your account when you access the Services.
You are solely responsible for maintaining the confidentiality of your account and password and for
restricting access to your computer or OMP compatible devices, and you agree to accept responsibility
for all activities that occur under your account or password. Where possible, users of public or shared
devices should log out at the completion of each visit. If you have reason to believe that your account
is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your
email address or password), you shall immediately notify OMP. Then, you should report this incident
to all of your card issuers, as well as your local law enforcement agency. YOU ARE SOLELY LIABLE
FOR LOSSES INCURRED BY YOU OR OTHERS DUE TO ANY UNAUTHORIZED USE OF
YOUR ACCOUNT.
8. Payments.
(a) Please carefully read all pricing terms in the areas of the Services that allow you to purchase our
content or products. You acknowledge that entering into a transaction electronically (including without limitation all records relating to such transactions) constitutes your agreement and intent to be bound
by and to pay for such agreements and transactions. OMP is not responsible for typographic errors. The
price for each respective item will be clearly marked on the page and also clearly marked when you
enter your credit card information to purchase. A third-party payment processor will collect your name,
email address, postal address, contact details and credit or debit card information. You agree to pay all
fees and applicable taxes incurred by you or anyone using your account.
(b) Price changes. We may revise the pricing for content, features or products offered through our
Services at any time and impose different restrictions for the upload, storage, download and use of the
Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth,
size and/or length of content, quality and/or format of content, sources of content, volume of download
time, number of subscribers to your content, etc. Unless otherwise noted, all currency references are in
U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time
the fee or the charge becomes payable. If there is a dispute regarding payment of fees or content
provided by us, your account may be closed without warning or notice at our sole discretion.
EXCEPT AS OTHERWISE SET FORTH IN ANY REFUND POLICY APPLICABLE TO OUR CONTENT OR PRODUCTS, YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR OUR CONTENT OR PRODUCTS ARE NOT REFUNDABLE IN WHOLE
OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
(c) Accuracy of Billing. We reserve the right to refuse any order you place with us. We may, at our
sole discretion, limit or cancel orders placed by 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.
(d) Cancellation Policy. Subject to any contrary rules of the Apple App Store or Google Play or Stripe
payment system, you can cancel your subscription to the Services at any time. Subject to any contrary
rules of the Apple App Store, Google Play or Stripe payment system, upon cancellation you will not
receive a refund for any fees you already paid for your current subscription period and you will continue
to receive the Services ordered until the end of your subscription period.
(e) Refund Policy. While no refunds are permitted, OMP reserves the right to grant refunds in very
limited situations in its sole discretion.
(f) Termination. Accounts terminated by us for any type of abuse including, without limitation, a
violation of these Terms, may not be reactivated. We reserve the right to immediately terminate your
account at our sole discretion, and without prior notice to you if, for example, you violate the Terms.
Without limiting the foregoing, if you are a repeat copyright infringer, we will, in appropriate
circumstances, permanently terminate your account and remove all of your User Content (as defined
below) from our Services.
9. User Content.
(a) General. Users may now or in the future post or link media, text, ideas, questions, audio and video
recordings, photos, graphics, commentary or other information or content (“User Content”), and to host
and/or share such User Content. OMP makes no representations that your User Content will remain
available via the Services in any way. We may remove your User Content at our sole discretion.
YOU UNDERSTAND THAT ANY USER CONTENT THAT YOU POST FOR VIEWING ON OUR SERVICES IS MADE PUBLICLY AVAILABLE TO USERS OF THE SERVICES, AND OMP DOES NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY SUCH USER CONTENT, NOR DOES IT GUARANTEE THAT YOUR INTELLECTUAL OR PROPRIETARY RIGHTS IN SUCH USER CONTENT WILL NOT BE INFRINGED OR MISAPPROPRIATED.
(b) Grant of Rights. By submitting User Content to OMP, you hereby grant OMP a worldwide, non
exclusive, fully paid-up, royalty-free, transferable license, with the right to grant and authorize
sublicenses, to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display,
perform, and otherwise exploit your User Content in connection with the Services and OMP’s (and its
successor’s, transferees’, sublicensees’ and their respective affiliates’) business, including without
limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in
any media formats and through any media channels or through merchandising. You grant OMP,
transferees and sublicensees (and their respective affiliates) the right to use the name that you submit
in connection with such User Content if we choose. You also agree to irrevocably waive (and cause to
be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
You also hereby grant to each User of the Services a non-exclusive license to access your User Content
through the Services, and to use, reproduce, distribute, modify, adapt, translate, prepare derivative
works of, display, and perform such User Content as permitted by the functionality of the Services and
these Terms. The above licenses granted by you in User Content you submit to us shall be
perpetual and irrevocable, except that with respect to any User Content that you have removed
or deleted while maintaining your User account, or any User Content following any deactivation
or deletion of your User account, you may specifically notify OMP regarding the termination of
the foregoing license from you to OMP, specifically identifying the item(s) of User Content to
which such termination applies, in which case the foregoing license will terminate within a
commercially reasonable time after you provide such notice to OMP. You understand and agree,
however, that even following such termination, OMP may retain, but not display or perform, server
copies of such User Content. Notwithstanding anything to the contrary herein, the above licenses
granted by you in user comments you submit are perpetual and irrevocable.
(c) Your Representations and Warranties Regarding User Content. You shall be solely responsible for
your own User Content and the consequences of posting such User Content. In connection with User
Content, you acknowledge and agree that: (i) your User Content is not confidential or secret, (ii) you
own, or have the necessary licenses, rights, consents, and permissions to use and authorize OMP to use,
all patent, trademark, copyright, or other proprietary rights in and to any and all User Content to enable
inclusion and use of User Content in the manner contemplated by OMP and these Terms, and to grant
the rights and license set forth in this Section, and (iii) your User Content, OMP’s use of such User
Content pursuant to these Terms, and OMP’s exercise of the license rights set forth in this Section, do
not and will not: (A) infringe, violate, or misappropriate any third-party right, including any copyright,
trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual
property or proprietary right; (B) slander, defame, libel, or invade the right of privacy, publicity or other
property rights of any other person; or (C) violate any applicable law or regulation, (iv) you have no
expectation of compensation or confidentiality of any nature with respect to your User Content and we,
our affiliates, our licensors and/or their affiliates may already have projects under consideration or are
independently developing projects that are similar to your User Content; and (v) you shall indemnify
and hold us harmless from and against any and all claims, actions and damages (including, without
limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or
result from your use of the Services, your User Content or its posting on, or submission to, the Services,
and/or your violation of these Terms or your representations and warranties hereunder. You will
cooperate as fully as reasonably required in the defense of any such claim or action; however, we
reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject
to indemnification by you.
(d) Prohibited Uses of User Content. Except as otherwise permitted by these Terms, in connection with
your User Content, you further agree that you will not publish, post, submit, transmit through or
otherwise make available to the Services: (i) any falsehoods or misrepresentations that could damage
OMP or any third party; (ii) any material which is unlawful, defamatory, libelous, slanderous,
pornographic, obscene, abusive, profane, vulgar, sexually explicit, threatening, harassing, harmful,
hateful, racially or ethnically offensive or otherwise objectionable, creates a risk of harm, loss, physical
or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to
yourself, to any other person, or to any animal or which encourages conduct that would be considered
a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is
otherwise inappropriate; (iii) advertisements or solicitations of business, products, or services; or (iv)
any material that would be harmful to minors in any manner.
(e) No Responsibility for User Content. With the exception of the limited license granted above, we do
not obtain or control any rights in, and do not exert editorial control over, User Content. Nothing herein
obligates us to verify, and we have not necessarily verified, the representations and warranties made by
Users with respect to such User Content.
10. Non-OMP Content Disclaimer. You understand that when using the Services you will be exposed to
User Content, advertising and other third party content (together, the “Non-OMP Content”) from a
variety of sources and that you may be exposed to Non-OMP Content that may be inaccurate, offensive,
indecent, or otherwise objectionable. OMP does not endorse any Non-OMP Content or any opinion,
recommendation, or advice expressed therein on any topic or issue (including, without limitation, on
any health or medical related topic or issue). Under no circumstances will OMP be liable in any way
for or in connection with the Non-OMP Content, including, but not limited to, for any inaccuracies,
errors or omissions in any Non-OMP Content, any intellectual property infringement or
misappropriation with regard to any Non-OMP Content, or for any loss or damage of any kind
(including, without limitation, any personal injury) incurred as a result of the use of any Non-OMP
Content posted, emailed or otherwise displayed or transmitted through the Services.
11. Non-Monitoring of Users and Non-OMP Content. You understand that you, and not OMP, are
entirely responsible for all User Content that you upload, post, e-mail, transmit or otherwise make
available through the Services. OMP does not control Non-OMP Content posted by Users or otherwise
made available by other persons or entities and does not have any obligation to monitor such Non-OMP
Content for any purpose. If at any time OMP chooses, in its sole discretion, to monitor the Non-OMP
Content, OMP nonetheless assumes no responsibility for the Non-OMP Content, no obligation to
modify or remove any inappropriate Non-OMP Content, no obligation to continue to monitor the Non
OMP Content and no responsibility for the conduct of the User or other person or entity submitting any
such Non-OMP Content. You agree that you must evaluate, and bear all risks associated with the use
of any User Content or other Non-OMP Content, including any reliance on the accuracy, completeness,
usefulness, non-infringement or legality of such User Content or other Non-OMP Content.
12. Removal of Non-OMP Content. OMP and its designees shall have the right (but not the obligation)
in their sole discretion to refuse to post or remove any Non-OMP Content that is available on the
Services in whole or in part at any time for any reason or no reason, with or without notice and with no
liability of any kind.
13. Prohibited Uses of the Services.
(a) As a condition of your use of the Services, you hereby acknowledge and agree that you will not use
the Services for any purpose that is unlawful or prohibited (including, without limitation, the
prohibitions in this Section) by these Terms.
(b) You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of
the Services, use of the Services, access to the Services, or Non-OMP Content obtained through the
Services, except as expressly permitted in these Terms.
(c) Except as expressly provided in Section 4, you agree not to create derivative works of the Services
content, including, without limitation, montages, mash-ups and similar videos, wallpaper, desktop
themes, greeting cards or merchandise, unless permitted under these Terms or with the prior written
authorization of OMP and any applicable licensors.
(d) You agree not to use the Services if you do not meet the eligibility requirements described in Section
1 above.
(e) You agree not to defame, harass, abuse, threaten, stalk or defraud Users of the Services, or collect,
or attempt to collect, personal information about Users or third parties without their consent.
(f) You agree not to intentionally interfere with or damage, impair or disable the operation of the
Services or any User’s enjoyment of it by any means, including but not limited to uploading or
otherwise disseminating viruses, worms, spyware, adware, or other malicious code, or placing a
disproportionate load on the Services with the intended result of denying service to other Users.
(g) You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-
related features of the Services, features that prevent or restrict the use or copying of any part of the
Services, or features that enforce limitations on the use of the Services.
(h) You agree not to attempt to gain unauthorized access to the Services or any part of it, including
gaining access or attempting to gain access to another user’s account, computer systems or networks
connected to the Services or any part of it, through request, hacking, password mining or any other
means or interfere or attempt to interfere with the proper working of the Services or any activities
conducted through the Services.
(i) You agree not to obtain or attempt to obtain any materials or information through any means not
intentionally made available through the Services. You agree neither to modify the Services in any
manner or form (other than contributing User Content as enabled by the Services’ functionality and in
accordance with these Terms), nor to use modified versions of the Services, including (without
limitation) for the purpose of obtaining unauthorized access to the Services or for the removal of any
proprietary notices or labels on the Services.
(j) You agree that you will not use any robot, spider, scraper, or other automated means to access the
Services for any purpose without our express prior written permission or bypass our robot exclusion
headers or other measures we may use to prevent or restrict access to the Services.
(k) You agree not to utilize framing techniques to enclose any trademark, logo, or other OMP Materials
without our express prior written consent. You agree not to use any meta tags or any other “hidden text”
utilizing OMP’s name or trademarks without OMP’s express prior written consent.
(l) You agree not to use any OMP logos, graphics, or trademarks as part of the link without our express
prior written consent.
(m) You agree not to sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to
the Services to any third party.
(n) You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to
other users of the Services or to insert your own or a third party’s advertising, branding or other
promotional content on the Services. This includes, but is not limited to, unsolicited advertising,
promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail,
informational announcements, charity requests, and petitions for signatures.
(o) You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the
source code of the Services or any part thereof, except and only to the extent that such activity is
expressly permitted by applicable law notwithstanding this limitation.
(p) You agree not to use the Services in any manner that could interrupt, damage, disable, overburden
or impair the Services, or interfere with any other party’s use and enjoyment of the Services, including,
without limitation, sending mass unsolicited messages or “flooding” servers.
(q) You agree not to modify, adapt, translate, or create derivative works based upon the Services or any
part thereof, except and only to the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation.
(r) You agree not to impersonate another person or entity, or falsely state or otherwise misrepresent
your affiliation with a person or entity.
(s) You agree not to post, transmit or otherwise disseminate through the Services any User Content that,
as we determine in our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening,
abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise
objectionable, or infringes our or any third party’s intellectual property or other rights, (ii) is derogatory
or harmful to our reputation, the reputation of our licensors, or any of our or their respective officers,
members, employees, representatives, licensors and/or suppliers, in any way; (iii) may incite violence
or other unlawful activity; or (iv) is harmful to children in any manner.
Unauthorized or prohibited use of the Services or the OMP Materials may subject you to civil liability,
criminal prosecution, or both under federal, state and local laws.
14. Social Media Component
In certain sections of the Services, you may also be able to post your comments on Facebook, LinkedIn
or other social media websites. For example, your friends and others who have access to view
information about you on Facebook or LinkedIn will be able to see (on Facebook or LinkedIn and via
our Services) that you posted a comment. You’ll also be able to see similar information about your
Facebook or LinkedIn friends who are connected to our Services. In addition, our Services may
personalize and otherwise enhance your experience based on your Facebook or LinkedIn information,
such as your basic information, likes and interests. Please pay careful attention to your social media
settings in your account as well as your privacy settings which will impact this feature and may give
you some control over the information that is shared and who it is shared with.
While we hope that you find these features to be a great way to share information, including discovering
new content, Facebook and LinkedIn also offer ways to manage the information you share with
OMP. See the respective websites for details.
By interacting with our social media accounts, you acknowledge and agree that you are
consenting to the continuous release of information about you to others, including to your social
media accounts (in accordance with your privacy settings and your account settings on our
Services). If you do not want information about you to be shared in this manner, do not use the
social media features.
15. Dealings with Advertisers and other Users. Your correspondence or business dealings with, or
participation in promotions of, advertisers and other Users found on or through the Services are solely
between you and such advertiser or User. YOU AGREE THAT OMP WILL NOT BE RESPONSIBLE
OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF
ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS
OR USERS VIA THE SERVICE.
16. Links and Third Party Services.
(a) Linking to the Services. You agree that if you include a link from any other website to the Services,
such link shall open in a new browser window and shall link to the full version of an HTML formatted
page of the Services. You are not permitted to link directly to any image hosted on the Services, such
as using an “in-line” linking method to cause the image hosted on the Services to be displayed on
another website. You agree not to download or use images hosted on the Services on another website,
for any purpose, including, without limitation, posting such images on another website. You agree not
to link from any other website in any manner such that the Services, or any page of the Services, is
“framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all
of our rights under the law to insist that any link to the Services be discontinued, and to revoke your
right to link to the Services from any other website at any time.
(b) Reference Sites. OMP, Users and other third parties may provide links on the Services to other
sites, including the content therein (“Reference Sites”). OMP has no control over such Reference Sites
or their content, and therefore makes no claim or representation regarding, and expressly disclaims
responsibility for, the accuracy, quality, legality, nature, availability, or reliability of Reference Sites
or other content linked to. OMP provides links to you only as a convenience, and the inclusion of any
link on the Services does not imply our affiliation, endorsement, or adoption of the linked Reference
Sites or other content or any information therein. If you choose to correspond or engage in transactions
with any other person, organization or business found on or through the Services, you acknowledge
and agree that we are not a party to, and will not be responsible for, your interaction with such person,
organization or business, including its treatment of your information, your User Content, and/or the
terms and conditions applicable to any transaction between you and such third party. You agree that
we have no responsibility or liability for any loss or damage of any kind that you may suffer as the
result of any such interaction or the presence of such person, organizations or businesses via the
Services. Access and use of Reference Sites, including the information, content, material,
products, and services on Reference Sites or available through Reference Sites, is solely at your
own risk. Our terms and policies do not govern your use of any website other than our Services. You
should review applicable terms and policies, including the privacy and data gathering practices, of any
Reference Sites.
17. Service Availability. OMP may make changes to or discontinue any of the OMP Materials, web
communities, products or services available via the Services at any time, and without notice, and OMP
makes no commitment to update these materials.
18. Service Testing. From time to time, we test various aspects of the Services, including the platform, the
app, user interfaces, service levels, plans, promotions, features, availability of OMP Materials, and
pricing, and we reserve the right to include you in or exclude you from these tests without notice.
19. Feedback. You agree that with respect to any contest entries, feedback, analysis, suggestions and
comments to OMP provided by you (collectively, “Feedback”), IN CONSIDERATION OF OMP
PROVIDING ACCESS TO THE SERVICES FREE OF CHARGE, USER HEREBY GRANTS TO
OMP THE EXCLUSIVE PERPETUAL, IRREVOCABLE AND WORLDWIDE RIGHT TO USE,
COPY, DISPLAY, PERFORM, TRANSLATE, MODIFY, LICENSE, SUBLICENSE AND
OTHERWISE EXPLOIT ALL OR PART OF THE FEEDBACK OR ANY DERIVATIVE THEREOF
IN ANY EMBODIMENT, MANNER OR MEDIA NOW KNOWN OR HEREAFTER DEVISED
WITHOUT ANY REMUNERATION, COMPENSATION OR CREDIT TO USER. User represents
and warrants that User has the right to make the foregoing grant to OMP and that any Feedback which
is provided by User to OMP does not infringe or violate any third-party intellectual property or any
other rights. Notwithstanding the foregoing, OMP grants to you a non-exclusive, non-transferable, non
sublicensable, worldwide, perpetual and irrevocable license to use the Feedback for your own personal,
non-commercial purposes that do not compete, directly or indirectly, with our use of such Feedback.
20. Termination. You agree that your access to the Services or any account you may have or portion
thereof may be terminated without prior notice, and you agree that OMP shall not be liable to you or
any third-party for any such termination. OMP reserves the right to modify, suspend or discontinue the
Services and/or access to it at any time and without notice to you, and OMP will not be liable to you
should it exercise such rights, even if your use of the Services is impacted by the change. These
remedies are in addition to any other remedies OMP may have at law or in equity.
21. Indemnification; Hold Harmless. You agree to indemnify and hold harmless OMP and its officers,
directors, employees, agents and representatives from any and all claims, losses, obligations, damages,
liabilities, costs, debt, and expenses (including attorney’s fees) arising out of (i) your use or misuse of
the Services; (ii) your User Content, including OMP’s use, display or other exercise of its license rights
granted herein with respect to your User Content; (iii) your violation of these terms; (iv) your violation
of the rights of any other person or entity, including claims that any user content infringes or violates
any third party intellectual property rights; (v) your breach of the foregoing representations, warranties,
and covenants; and (vi) any unauthorized use of your account. OMP reserves the right, at your expense,
to assume the exclusive defense and control of any matter for which you are required to indemnify us
and you agree to cooperate with our defense of these claims. You agree not to settle any matter giving
rise to your indemnification obligations without the prior written consent of OMP. OMP will use
reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
22. Disclaimers; No Warranties.
(a) ACKNOWLEDGMENT. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS
SECTION 22, AND SECTIONS 23 AND 24 BELOW, THE TERM OMP INCLUDES EACH OF ITS
OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, AGENTS AND
SUBCONTRACTORS.
(b) NO WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, OMP DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OMP OR
THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED
HEREIN.
(c) “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS.” YOU EXPRESSLY AGREE
THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES, OMP
MATERIALS, USER CONTENT, NON-OMP CONTENT, AND ANY OTHER THIRD-PARTY
MEDIA, CONTENT, SOFTWARE, GOODS, SERVICES OR APPLICATIONS MADE
AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES ARE PROVIDED ON
AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT
WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
(d) SERVICES OPERATION AND NON-OMP CONTENT. OMP DOES NOT WARRANT THAT
THE OMP MATERIALS, USER CONTENT, NON-OMP CONTENT, SERVICES, OR ANY OTHER
INFORMATION OFFERED ON OR THROUGH THE SERVICES OR ANY REFERENCE SITES
WILL BE UNINTERRUPTED, OR FREE OF ERRORS, HACKING, VIRUSES, OR OTHER
HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING
WILL BE CORRECTED.
(e) ACCURACY. OMP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR ANY
REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE.
(f) HARM TO YOUR COMPUTER. YOU UNDERSTAND AND AGREE THAT YOUR USING,
ACCESSING, DOWNLOADING, OR OTHERWISE OBTAINING INFORMATION, MATERIALS,
OR DATA THROUGH THE SERVICES (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES
IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER
SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNLOAD OF, OR
OTHER ACCESS TO SUCH MATERIAL OR DATA.
(g) ANY PHYSICAL, MENTAL, WELLNESS CONTENT AND/OR OTHER HEALTH
INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES
ONLY AND DOES NOT AND IS NOT INTENDED AS MEDICAL ADVICE, TO SERVE AS A
SUBSTITUTE FOR MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF
MEDICINE. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR/PATIENT
RELATIONSHIP. OMP IS NOT A HEALTHCARE PROVIDER. THE SERVICES DO NOT
PROVIDE MEDICAL ADVICE AND NOTHING CONTAINED IN THE CONTENT IS INTENDED
TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT.
YOU SHOULD NOT USE THE SERVICES TO DIAGNOSE A HEALTH OR FITNESS PROBLEM
OR DISEASE. USE OF THE SERVICES DOES NOT REPLACE MEDICAL CONSULTATIONS
WITH A QUALIFIED HEALTH OR MEDICAL PROFESSIONAL TO MEET THE HEALTH AND
MEDICAL NEEDS OF YOU OR ANY OTHER PARTY. YOU SHOULD CONSULT A QUALIFIED
HEALTH OR MEDICAL PROFESSIONAL BEFORE BEGINNING OR MODIFYING ANY
PHYSICAL, MENTAL, COGNITIVE OR WELLNESS PROGRAM OR ACTIVITY ACCESSED
THROUGH OR INFORMED BY THE SERVICES. OMP DISCLAIMS ALL RESPONSIBILITY
FOR THE PROFESSIONAL QUALIFICATIONS AND LICENSING OF, AND SERVICES
PROVIDED BY, ANY PHYSICIAN OR OTHER HEALTH PROVIDER REFERRED TO VIA THE
SERVICES AND/OR ANY THIRD PARTY WEBSITE. NEVER DISREGARD THE MEDICAL
ADVICE OF A PHYSICIAN OR HEALTH PROFESSIONAL, OR DELAY IN SEEKING SUCH
ADVICE, BECAUSE OF SOMETHING YOU READ VIA THE SERVICES. YOU
ACKNOWLEDGE AND AGREE THAT ANY USE OF THE SERVICES AND ANY PHYSICAL,
MENTAL, COGNITIVE OR WELLNESS ACTIVITIES OR CONTENT MADE AVAILABLE
THROUGH THE SERVICES MAY INVOLVE INHERENT RISKS, INCLUDING WITHOUT
LIMITATION PERSONAL INJURY OR HEALTH COMPLICATIONS, WHICH MAY BE
HEIGHTENED BY UNDERLYING MEDICAL OR PSYCHOLOGICAL CONDITIONS,
IMPROPER USE, OR FAILURE TO FOLLOW INSTRUCTIONS, AND YOU VOLUNTARILY
ASSUME ALL SUCH RISKS AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR
SOLE RISK. OMP DOES NOT GUARANTEE ANY SPECIFIC OUTCOMES, BENEFITS, OR
HEALTH, COGNITIVE OR WELLNESS IMPROVEMENTS FROM USE OF THE SERVICES,
AND ANY STATEMENTS REGARDING POTENTIAL EFFECTS ARE FOR INFORMATIONAL
PURPOSES ONLY; RESULTS MAY VARY DEPENDING ON INDIVIDUAL CONDITIONS,
ADHERENCE TO INSTRUCTIONS, AND OTHER FACTORS BEYOND OMP’S CONTROL.
ALTHOUGH OMP STRIVES TO ENSURE THAT THE INFORMATION OMP PROVIDES VIA
THE SERVICES IS CORRECT, OMP CANNOT GUARANTEE THAT IT IS ALWAYS
ACCURATE AND UP-TO-DATE. OMP OFFERS THE SERVICES AS IS AND WITHOUT ANY
WARRANTIES.
(h) IF YOU BELIEVE THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, OR
IF YOU EXPERIENCE OR SUSPECT A MEDICAL OR MENTAL-HEALTH EMERGENCY, DO
NOT RELY ON THE SERVICES AND PLEASE CALL 911 IMMEDIATELY (OR THE
RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR
EMERGENCY MEDICAL SERVICES.
23. Limitation of Liability And Damages.
(a) LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL
THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL OMP OR ITS THIRD
PARTY COLLABORATORS, LICENSORS OR SUPPLIERS, BE LIABLE FOR PERSONAL
INJURY OR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY
DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS
INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, DATA OR USE OR
COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT
FROM YOUR USE OF, OR THE INABILITY TO USE, THE OMP MATERIALS AND USER
CONTENT VIA THE SERVICES OR ANY REFERENCE SITES, THE SERVICES THEMSELF,
OR ANY OTHER INTERACTIONS WITH OMP, EVEN IF OMP HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
(b) LIMITATION OF DAMAGES. IN NO EVENT SHALL OMP OR ITS THIRD PARTY
COLLABORATORS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE
TERMS OR YOUR USE OF THE SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE LESSER OF ONE HUNDRED
DOLLARS (USD $100) OR THE AMOUNT YOU HAVE PAID FOR THE SERVICES IN THE
TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THAT SUCH CLAIM
AROSE.
(c) THIRD PARTY PRODUCTS AND SERVICES. SOME USERS MAY USE THE SERVICES TO
MARKET THEIR PRODUCTS AND/OR SERVICES. THE ABOVE LIMITATIONS SHALL ALSO
APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SUCH PRODUCTS
OR SERVICES MARKETED, SOLD OR PROVIDED BY USERS, OR OTHERWISE BY THIRD
PARTIES OTHER THAN OMP AND RECEIVED BY YOU THROUGH OR ADVERTISED VIA
THE SERVICES OR THIRD PARTY WEBSITES, INCLUDING WITHOUT LIMITATION ANY
REFERENCE SITES.
24. LIMITATIONS BY APPLICABLE LAW; BASIS OF THE BARGAIN.
(a) LIMITATIONS BY APPLICABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF
WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU
TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED
UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
(b) BASIS OF THE BARGAIN. YOU ACKNOWLEDGE AND AGREE THAT OMP HAS
OFFERED ITS SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE
WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN,
THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH
HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU
AND OMP, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF
LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN
YOU AND OMP. YOU ACKNOWLEDGE AND AGREE THAT OMP WOULD NOT BE ABLE TO
PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS
WITHOUT THESE LIMITATIONS.
25. Digital Millennium Copyright Act Compliance (“DMCA”).
(a) Infringement Claims. If you are a copyright owner or an agent thereof, and believe that any User
Content or other Non-OMP Content infringes upon your copyrights, you may submit a notification
pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with
the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works are covered by a single notification, a representative listing of such works
or a link or URL to all such works;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing
activity on the Services and that is to be removed or access to which is to be disabled, including
the link or URL for all such material on the Services;
4. Information reasonably sufficient to permit OMP to contact you, such as an address, telephone
number, and, if available, an electronic mail address at which you may be contacted;
5. A statement that you have a good-faith belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury,
that you are authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed.
OMP’s designated Copyright Agent to receive notifications of claimed infringement is:
Optimize Mind Performance
Attn: Copyright Agent
Email Address: [email protected]
Phone Number: +1 (617) 608-7967
Failure to include all of the above information, especially specific information about where infringing
content may be found, will result in a delay in the processing of your DMCA notification and may
result in your having to repeat some or all of the above process.
(b) Notice and Takedown. If we receive proper notification of claimed copyright infringement, we will
respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing,
as described below, or to be the subject of infringing activity. We will also comply with the appropriate
provisions of the DMCA in the event a counter-notification is received, as described below. We may,
at our discretion, deny access to the Services by, or disable and/or terminate the accounts of, Users who
may be infringers.
(c) Copyright Counter-Notices. If content you posted on the Services was removed for copyright or
intellectual property infringement, and you would like to dispute that removal, the process for counter
notifications, which is governed by Section 512(g) of the DMCA, is as follows:
1. To file a counter-notification with us, you must provide our Copyright Agent, at the email
address set forth above, with a written communication that sets forth the items specified below.
2. Please note that under Section 512(f) of the DMCA, any person who knowingly materially
misrepresents that material or activity was removed or disabled by mistake or misidentification
may be subject to liability. Please also be advised that we enforce a policy that provides for the
termination, in appropriate circumstances, of the accounts of (or access privileges by) Users
who are infringers. Accordingly, if you are not sure whether certain material infringes your
copyright or the copyrights of others, we suggest that you first contact an attorney.
(d) Elements of Counter-Notification. To expedite our ability to process your counter- notification,
please use the following format (including section numbers):
1. Identify the specific URLs of (or other information sufficient to allow us to identify) material
that OMP has removed or to which OMP has disabled access.
2. Provide your full name, address, telephone number, email address and, if you are a registered
User, the User name of your OMP account.
3. Provide a statement that you consent to the jurisdiction of the Southern District of New York
and the Federal District Court for the judicial district in which your address is located (if your
address is outside of the U.S.A.), and that you will accept service of process from the person
who provided notification to our Copyright Agent in accordance with the process outlined
above or an agent of such person.
4. Include the following statement: “I swear, under penalty of perjury, that I have a good-faith
belief that the material was removed or disabled as a result of a mistake or misidentification of
the material to be removed or disabled.”
5. Sign the notice. If you are providing notice by email, a scanned physical signature or a valid
electronic signature will be accepted. Send the communication to the following address:
Optimize Mind Performance
Attn: Copyright Agent
Email Address: [email protected]
Phone Number: +1 (617) 608-7967
After we receive your counter-notification, we will forward it to the party who submitted the original
claim of copyright infringement. Please note that when we forward the counter-notification, it includes
any of your Identifying Information set forth in the counter-notification. By submitting a counter
notification, you consent to having such Identifying Information revealed in this way. We will not
forward the counter-notification to any party other than the original claimant. After we send out the
counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an
action seeking a court order to restrain you from engaging in infringing activity relating to the material
on the Services. If we receive such notification, we will be unable to restore the items. If we do not
receive such notification, we may, but are not obligated to, reinstate the disputed item(s).
(e) Foreign Counter-Notification: If you reside outside of the United States, please understand that
filing a counter-notice may lead to legal proceedings between you and the complaining party to
determine ownership. Be aware that there may be adverse legal consequences in your country and/or
the United States of America if you make a false or bad faith allegation by using this process. Please
also be advised that we enforce a policy that provides for the termination in appropriate circumstances
of access privileges for Users who are infringers. So, if you are not sure whether content you posted on
the Services is being infringed, or are otherwise unsure of whether to file a counter-notification using
these procedures, we strongly recommend you first contact a lawyer knowledgeable in the laws of the
United States and the State of New York. If you do wish to file a counter-notice, you should follow the
process set forth above under the heading “Elements of Counter-Notification.”
(f) Disclaimer: we are not your attorneys, and the information we present here is not legal advice. We
present this information for informational purposes only.
26. Miscellaneous.
(a) Notice. OMP may provide you with notices, including those regarding changes to these Terms, by
email, regular mail, or postings on the Services. If Notice is by e-mail or mail, it will be provided to the
e-mail or regular mailing address provided by you with your account information and it is your
responsibility to update such account information for any changes. Notice to you will be deemed given
twenty-four hours after an email is sent, unless OMP is notified that the email address is invalid, and if
through postal mail, three days after the date of mailing. You may provide OMP with notices only by
email to the email address indicated in Section 26(d) below.
(b) Governing Law. These Terms shall be governed by and construed in accordance with the laws of
the State of New York, without giving effect to any principles of conflicts of law. The Uniform
Computer Information Transactions Act does not apply to these Terms.
(c) Confidential Arbitration. For any dispute you have with us, you agree to first contact us through
email at [email protected] and attempt to resolve the dispute with us informally. If
we are not able to resolve the dispute with you informally, we each agree that any dispute, claim or
controversy arising out of or relating to these Terms or the breach, termination, enforcement,
interpretation or validity thereof, including the determination of the scope or applicability of these
Terms to arbitrate, shall be determined by confidential arbitration in New York, New York before one
arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration
Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This
clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court
of appropriate jurisdiction. Any proceeding to confirm an arbitral award is to be brought and determined
in a federal or state court located in New York County, State of New York (and may not be brought or
determined in any other forum or jurisdiction).
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT
AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT
CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING
INTO THESE TERMS, WE AND YOU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY
OR TO PARTICIPATE IN A CLASS ACTION.
(d) Notice for California Users.
Under California Civil Code Section 1789.3, users of our Services service from California are entitled
to receive the following information on how to resolve a complaint regarding the Services service or to
receive further information regarding use of the Services service:
Such complaints or requests may be submitted to OMP by e-mail:
[email protected]
(e) Claims. You agree that any cause of action brought by you arising out of or related to the
Services must commence within one (1) year after the cause of action accrues. Otherwise, such
cause of action is permanently barred. If, for any reason, we believe, have reason to believe, suspect
or are notified of any act, omission or circumstances which may or could (i) compromise or endanger
the health, well-being or safety of any person, (ii) cause or lead to damage to persons or property
(tangible or intangible), (iii) adversely affect, infringe upon or misappropriate the rights of others, (iv)
harass or interfere with any other user or person, firm or enterprise, (v) interfere with or bypass our
security or other protective measures applicable to our systems, networks and communications
capabilities, (vi) breach or violate these Terms, or (vii) violate any law or regulation, we have the right,
reserving cumulatively all other rights and remedies available to us at law, in equity and under this
agreement with you, to report and provide information to any and all regulatory and law enforcement
authorities and agencies and take any action permitted by law.
(f) Waiver. A provision of these Terms may be waived only by a written instrument executed by the
party entitled to the benefit of such provision. The failure of OMP to exercise or enforce any right or
provision of these Terms will not constitute a waiver of such right or provision.
(g) Severability. If any provision of these Terms shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the
validity and enforceability of any remaining provisions.
(h) Assignment. The Terms and any rights and licenses granted hereunder, may not be transferred or
assigned by you, but may be assigned by OMP without restriction. Any assignment attempted to be
made in violation of these Terms shall be void.
(i) Headings. The heading references herein are for convenience purposes only, do not constitute a
part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
(j) Entire Agreement. This is the entire agreement between you and OMP relating to the subject matter
herein and supersedes all previous communications, representations, understandings and agreements,
either oral or written, between the parties with respect to said subject matter, excluding any Services
Agreement that you may have entered into with OMP. These Terms shall not be modified except in
writing, signed by both parties, or by a change to these Terms made by OMP as set forth in Section 3
above. All rights not expressly granted in these Terms are reserved to us.
Copyright © 2026 Optimize Mind Performance. All Rights Reserved.