As the administrator of My Wellness Online™, Optimum Health Management (OHM) is committed to ensuring that the privacy and confidentiality of your personally identifiable information and financial transactions on this Customer Service website are protected against foreseeable hazards.
The customer service activities conducted on this website are related to customer recruitment, membership sales, and member registration, including: a) providing information to current and prospective customers of the My Wellness Online™ personal wellness and health coaching system, b) conducting electronic financial transactions for customer purchase of My Wellness Online™ memberships, c) collecting membership registration and payment information, and d) providing membership usernames for accessing the My Wellness Online™ system website.
As part of the My Wellness Online™ individual or affiliate membership purchasing and registration processes, you will be asked to provide personal information and payment information needed to complete those processes. Your use of this website for any or all of the above customer service functions constitutes your consent to the data collection and use practices described in this policy.
The collection, storage, and disclosure of all personally identifiable data obtained on this website are conducted under applicable privacy and confidentiality laws, with technical, administrative, and physical safeguards to protect against loss, unauthorized access, misuse, modification, and improper disclosure. Security procedures such as encrypted administrative communication, restricted access to documents and files, and firewalls at online network access points are used. Secure Socket Layer (SSL) technology is utilized to encrypt all input and output data to protect the confidentiality of these data.
In the collection, storage, and reporting of personal data provided by individuals (or by organizations authorized to provide that information), under no circumstances will OHM disclose personally identifiable information except as agreed upon by the individual (or the organization authorized to have access to that information), except as required by law. Your personal information will never by shared with third-party vendors except for those used by OHM in the direct provision of My Wellness Online™ membership services to you.
The My Wellness Online
prior to purchasing a My Wellness Online
Terms and Conditions of the My Wellness Online™ System Membership
Memberships to the My Wellness Online™ system are offered to customers conditioned on their acceptance without modification to the following terms, conditions, and notices. Your purchase of a membership to the system constitutes your agreement to these Terms and Conditions.
Purchasing a Membership. As purchaser of a My Wellness Online™ system membership, you agree to provide true, accurate, current, and complete information about yourself as prompted by the membership registration form.
During the registration process, you will be asked to select a unique user name for access to the My Wellness Online™ system website and your system account. You are responsible for maintaining the confidentiality of your My Wellness Online™ user name, as well as the password you will be asked to select the first time you log onto the system website.
You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person's authorization to use such name; and (iii) you will not select or utilize a user name that OHM in its sole discretion deems offensive.
By logging into the My Wellness Online™ system website with your user name, you represent and warrant that: (i) you are the customer who registered for the My Wellness Online™ system services; (ii) that you are using the services only for permitted purposes; (iii) you are not a competitor of My Wellness Online™, or agent thereof; (iv) you will immediately notify us of any unauthorized use of your My Wellness Online™ system account or any other breach of security; and (v) you will ensure that you exit from your account at the end of each session. Please notify Customer Service at firstname.lastname@example.org regarding any potential unauthorized use of your account, or breach of security.
If you do not fulfill your obligations under this agreement, at OHM’s sole discretion and without limiting its other remedies, OHM may terminate your membership privileges to access part or all of the My Wellness Online™ system. However, our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Membership Termination and Refund. In the case of early termination of your My Wellness Online™ system membership, whether the termination is requested by you or by OHM due to failure to fulfill your obligations under this agreement, no total or partial refund of your membership fee will be provided.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL OPTIMUM HEALTH MANAGEMENT (OHM) NOR HEALTH FITNESS CORPORATION (HFC) NOR ITS SUBSIDIARIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE MY WELLNESS ONLINETM SYSTEM WEBSITE OR FROM INFORMATION PROVIDED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Disputes. These Terms and Conditions of your My Wellness Online™ membership shall be governed by the laws of the State of North Carolina. Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of or related to your My Wellness Online™ membership or these Terms and Conditions, including any tort claim, shall be filed within one (1) year after such claim or cause of action arose or be forever barred. Furthermore, you and OHM agree that any claim arising out of or related to your My Wellness Online™ membership or these Terms and Conditions, including any tort claim, shall be subject to final and binding arbitration submitted solely in Pitt County, North Carolina and governed by the Commercial Dispute Resolution Rules of the American Arbitration Association.
International Use. By choosing to access the My Wellness Online™ system through your membership from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. OHM makes no representation that materials on the system website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.
General. To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Pitt County, North Carolina, U.S.A. in all disputes arising out of or relating to your purchase of and registration for a membership to the My Wellness Online™ system. Your purchase of and registration for a membership to the My Wellness Online™ system is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. OHM’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of OHM’s right to comply with governmental, court, and law enforcement requests or requirements relating to your purchase of and registration for a membership to the My Wellness Online™ system or information provided to or gathered by OHM with respect to your membership. 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 purchaser of a My Wellness Online™ membership and OHM with respect to the purchase of and registration for a membership, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the membership purchaser and OHM with respect to the My Wellness Online™ membership.
Modifications of the Terms and Conditions. OHM reserves the right to change the terms, conditions, and notices under which the My Wellness Online™ memberships are offered and provided, including but not limited to the annual membership fee. Such modifications will be reflected through updates to this Terms and Conditions page.