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Terms of Service

Last Updated: 5/12/2025

These Terms & Conditions ("Terms") govern your access and use of the websites, and electronic services maintained by OptiGenix, Inc., and/or its subsidiaries or affiliated companies (collectively, "OptiGenix," "we," "us," or "our") that incorporate or link to these Terms (collectively, the "Site") and apply to any purchases on or through the Site.

IMPORTANT: PLEASE NOTE THAT SECTION 4 OF THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.

Other terms also apply to your use of the Site, and they are incorporated herein by this reference. These include terms that will apply to sales promotions and other features which may be available on the Site from time to time and our Privacy Policy, which applies to any personal data shared on the Site.

Table of Contents

  1. Acceptance and Modification of the Terms
  2. Fitness, Nutrition, and Health Information
  3. Eligibility
  4. Arbitration and Dispute Resolution
  5. Terms of Sale
  6. License to Access and Use Our Site and Content
  7. Trademarks
  8. Indemnification
  9. Disclaimers
  10. Limitation of Liability; Release
  11. Modifications to the Site and Products
  12. Governing Law
  13. Miscellaneous
  14. Contact Information

1. Acceptance and Modification of the Terms

By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and all of the terms incorporated herein by reference. By accessing or using the Site, you expressly provide your affirmative consent to these Terms. If you do not agree to these Terms, you must not access or use the Site.

The Site is based and operated in the United States of America. We make no claims concerning whether the content may be downloaded, viewed, or appropriate for use outside of the United States. If you access or use the Site from outside of the United States, you do so on your own initiative and at your own risk. Whether within or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

We may modify these Terms from time to time at our sole discretion. If we decide to modify these Terms, we will notify you by making the revised version available on the Site and will indicate at the top of this page the date that revisions were last made. Any such changes will be effective upon our posting. You are responsible for staying informed of any changes and are expected to revisit this page from time to time, as revised versions will be binding on you. You understand and agree that your continued access or use of the Site following the posting of revised Terms indicates your acceptance of and agreement to the changes. If you do not agree with the modified Terms, you must stop accessing or using the Site.

2. Fitness, Nutrition, and Health Information

OptiGenix provides personalized supplement sachets and pre-formulated QuickPacks and other related services (collectively, "Products"). Through our Site, we offer quiz-based wellness recommendations and an option for both one-time purchases and automatically recurring subscription services (collectively, "Service") for the supplement sachets and pre-formulated QuickPacks purchased through our Site.

Information presented on the Site is intended to impart general fitness, nutrition, and health information. OptiGenix is not engaged in rendering medical advice or services, and submission of information to the Site and use of any services available on the Site does not create a doctor-patient relationship.

THE INFORMATION PRESENTED ON THE SITE IS NOT INTENDED FOR TREATMENT OR DIAGNOSTIC PURPOSES. Always consult your doctor for medical advice or treatment, especially if you're dealing with a health condition, illness, or are considering a new diet or wellness program. This includes any Service or content found on the Site. It's particularly important to speak with your doctor if you're under 18, pregnant, breastfeeding, or have any existing health concerns. Never ignore or delay seeking professional medical advice because of something you've read on the Site. OptiGenix supplement sachets and pre-formulated QuickPacks are not intended to diagnose, treat, cure, or prevent any disease.

3. Eligibility

The Site is not targeted toward or intended for use by anyone under the age of eighteen (18). By using the Site, you represent and warrant that you: (a) are (i) eighteen (18+) years of age or older or (ii) legal age to form a binding contract with OptiGenix, (b) have not been previously suspended or removed from the Site, and (c) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.

4. Arbitration and Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 4 is enforceable, the following mandatory arbitration provisions apply to you.

Most customer concerns can be quickly resolved and to the customer's satisfaction by emailing us at: "[email protected]."

In the event that we are not able to resolve a dispute, you and OptiGenix each agree that any and all disputes, controversies, or claims (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) arising under or relating in any way to this agreement, or to the Products or the Site shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association's then-existing rules for arbitration of consumer-related disputes (accessible at https://www.adr.org/Rules), except that you may assert individual claims in small claims court, if your claims qualify.

You and OptiGenix each expressly waive any right to trial by jury and the right to participate in a class action lawsuit or class-wide arbitration. Neither you nor OptiGenix shall be permitted or entitled to join or consolidate claims by or against others or arbitrate or otherwise participate in any claims as a class member or class representative.

The arbitration will be conducted by a single, neutral arbitrator and will take place in a mutually agreeable location, in the English language. All issues are for the arbitrator to decide, including (but not limited to) issues relating to the scope and enforceability of this agreement to arbitrate and the arbitrability of any dispute between you and OptiGenix. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys' fees when authorized by law. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. At your request, hearings may be conducted in person or by telephone, and the arbitrator may provide for submitting and determining motions on briefs, with or without oral hearings. OptiGenix agrees that, upon request, it will pay a consumer's filing fee for the arbitration.

For the benefit of the parties, all aspects of the arbitration proceeding, including (but not limited to) the transcripts of the hearing, the transcript of any deposition, and all documents produced or used during the arbitration proceeding, will be strictly confidential.

The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. If a court decides that any provision of this Section is invalid or unenforceable, that provision will be severed and the other parts of this paragraph (and the remainder of these terms) will continue to apply, but in no case shall either you or OptiGenix be permitted to participate in a class action lawsuit or class-wide arbitration.

Notwithstanding the foregoing, you may decline or opt out of this agreement to arbitrate by sending written and signed notice to "[email protected]" within thirty (30) calendar days of signing up for the Services for the vitamins and nutritional supplements purchased through the Site.

5. Terms of Sale

Subscriptions and Auto Renewal

Subscriptions. OptiGenix provides an automatically recurring subscription service for the personalized supplement sachets and pre-formulated QuickPacks purchased through our Site. If you enroll in the subscription service, approximately every four (4) weeks you will receive a package from OptiGenix containing a thirty (30)-day supply of the supplement sachets and pre-formulated QuickPacks in your subscription, and your subscription will automatically renew, and you will continue to be charged on a recurring basis until you cancel. You can find specific details regarding your order and the OptiGenix subscription service by accessing the Site and your Account details.

Auto Renewal. Payments must be made using a credit card, debit card or other available online payment method (e.g., PayPal) ("Payment Method"). The charge for each shipment will be billed to the Payment Method used to create your Account and enroll in the subscription service or as otherwise provided by you. You authorize OptiGenix or its third-party payment processor to store your Payment Method and to automatically charge your Payment Method on a recurring basis without notice until you cancel. If the primary Payment Method associated with your Account fails, you authorize OptiGenix or its third-party payment processor to charge any other Payment Method provided with your Account or to contact you to update your Payment Method. If you have not provided an alternative Payment Method and fail to update your Payment Method to provide payment, or if all Payment Methods associated with your Account fail, we will cancel your subscription.

IMPORTANT SUBSCRIPTION NOTICE:

WHEN YOU ENROLL IN THE SUBSCRIPTION SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) YOU ARE STARTING A SUBSCRIPTION SERVICE WITH AN INITIAL AND RECURRING PAYMENT FEATURE WHICH WILL AUTOMATICALLY RENEW ON A MONTHLY BASIS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITE OR PRODUCTS IN ACCORDANCE WITH THESE TERMS, AND (B) YOU AUTHORIZE OPTIGENIX (OR OUR THIRD-PARTY PAYMENT PROCESSOR) TO AUTOMATICALLY CHARGE YOUR PAYMENT METHOD THE TOTAL PRICE FOR THE ITEMS IN YOUR SUBSCRIPTION ON THE DATE THAT ORDER INVOICED (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) UNLESS AND UNTIL YOU CANCEL.

Cancellation Policy

CANCELLATION POLICY:

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL. YOU MAY CANCEL AT ANY TIME BY E-MAIL AT "[email protected]", OR VIA THE 'ORDER TIMELINE' TAB IN YOUR ONLINE ACCOUNT. YOU MUST CANCEL YOUR SUBSCRIPTION WITHIN FORTY-EIGHT (48) HOURS AFTER RECEIVING NOTICE OF UPCOMING CHARGES FOR YOUR SUBSCRIPTION ORDER. SHOULD YOU CANCEL AFTER THAT TIME FRAME, YOU WILL BE CHARGED ON THE INVOICE DATE AND RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY ORDER IDENTIFIED AS OUTSTANDING PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION.

Returns, Refunds, or Exchanges

If you are dissatisfied with a Product or ingredient for any reason, you must contact us at "[email protected]" within fourteen (14) days of the date your order was received and we will either replace the Product at our expense or, depending on the circumstances, provide you a full or partial credit or refund of the purchase price for that order. We may require the return or photographic documentation of any Product with which you are dissatisfied before we provide you with a replacement, credit, or refund. If you do not contact us within fourteen (14) days of your first order, we will not refund, credit or replace your product. Unauthorized returns will not be credited or replaced under any circumstances.

9. Disclaimers

PRODUCT SAFETY NOTICE:

UPON DELIVERY, YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE, HANDLING, STORAGE, USE, AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS BEFORE CONSUMING SUCH PRODUCTS, INCLUDING READING ANY WARNINGS OR INFORMATION PROVIDED ON PACKAGE RELATED TO ALLERGENS AND INGREDIENTS.

EXCEPT AS MAY BE PROVIDED IN A WARRANTY BY THE MANUFACTURER OF A PRODUCT, ALL PRODUCTS AND THE SITE AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OPTIGENIX DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE, CONTENT AND PRODUCTS.

14. Contact Information

For questions or concerns about these Terms, please contact:

Address: 2991 Sacramento St #541, Berkeley, CA 94702

Email: [email protected]