Agreement between User and Opus Wellness Center Website & Program
Welcome to Opus Wellness Center Website. The Opus Wellness Center Website (the “Site”) is comprised of various web pages operated by Opus Anti-Aging and Wellness (“Opus”). Opus Wellness Center Website & Program is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of Opus Wellness Center Website constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Opus Wellness Center Website is an E-Commerce Site
This Site may include a variety of features, such as health tips and videos, services provided at Opus Wellness Center, email, and patient portal services. *DISCLAIMER: These statements have not been evaluated by the Food & Drug Administration. These programs and products are not intended to diagnose, treat, cure or prevent any disease. The information contained herein is for informational purposes. Please be sure to consult your doctor before taking this or any other product/program. Consult your doctor for any health problems or before starting a new program.
Visiting Opus Wellness Center Website or sending emails to Opus constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Opus is not responsible for third party access to your account that results from theft or misappropriation of your account. Opus Anti-Aging and Wellness and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
Children Under Thirteen
Opus Wellness Center 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 Opus Wellness Center Website only with the permission of a parent or guardian.
Your purchase of a product, service, or program may or may not provide any refund. We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
Links to Third Party Sites/Third Party Services
Opus Wellness Center Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Opus Wellness Center and Opus is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Opus Anti-Aging and Wellness is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Opus Wellness Center of the site or any association with its operators.
Certain services made available via Opus Wellness Center Website are delivered by third party sites and organizations. By using any product, service, or functionality originating from the Opus Wellness Center Website domain, you hereby acknowledge and consent that Opus may share such information and data with any third party with whom Opus has a contractual relationship to provide the requested product, service, or functionality on behalf of Opus Wellness Center Website users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Opus Wellness Center or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Opus Wellness Center content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Opus Wellness Center and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Opus Wellness Center or our licensors except as expressly authorized by these Terms.
You will be able to connect your Opus Wellness Center account to third party accounts. By connecting your Opus Wellness Center account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about yourself to be shared in this manner, do not use this feature.
The Service is controlled, operated, and administered by Opus Wellness Center from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Opus Wellness Center Content accessed through Opus Wellness Center Website & Program in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend and hold harmless Opus Wellness Center, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Opus Wellness Center reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Opus Wellness Center in asserting any available defenses.
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 regards 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.
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 Opus Wellness Center 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.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL L ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. OPUS WELLNESS CENTER AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
OPUS WELLNESS CENTER 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. OPUS WELLNESS CENTER 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.
Opus Wellness Center 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 Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas 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 Opus Wellness Center as a result of this agreement or use of the Site. Opus Wellness Center performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Opus Wellness Center 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 Opus Wellness Center 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 Opus Wellness Center with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Opus Wellness Center 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 of the parties that this agreement and all related documents be written in English.
Changes to Terms
Opus Wellness Center reserves the right, in its sole discretion, to change the Terms under which Opus Wellness Center Website is offered. The most current version of the Terms will supersede all previous versions. Opus Wellness Center encourages you to periodically review the Terms to stay informed of our updates.
Opus Wellness Center welcomes your questions or comments regarding the Terms:
Opus Wellness Center
201 South Lakeline Blvd. Suite 402
Cedar Park, TX 78613
Effective as of January 01, 2019
Privacy Compliance Certification
Opus Wellness Center has HIPAA and OSHA certification.
*DISCLAIMER: These statements have not been evaluated by the Food & Drug Administration. These programs and products are not intended to diagnose, treat, cure or prevent any disease. The information contained herein is for informational purposes. Please be sure to consult your doctor before taking this or any other product/program. Consult your doctor for any health problems or before starting a new program.
Collection of your Personal Information
In order to better provide you with products and services offered on our Site, Opus Wellness Center may collect personally identifiable information, such as your:
– First and Last Name
– Mailing Address
– E-mail Address
– Phone Number
If you purchase Opus Wellness Center products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.
Opus Wellness Center may also collect anonymous demographic information, which is not unique to you, such as your:
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstake or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Use of your Personal Information
Opus Wellness Center collects and uses your personal information to operate its website(s) and deliver the services you have requested.
Opus Wellness Center may also use your personally identifiable information to inform you of other products or services available from Opus Wellness Center and its affiliates.
Sharing Information with Third Parties
Opus Wellness Center does not sell, rent, or lease its customer lists to third parties.
Opus Wellness Center may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is transferred to a third party. Opus Wellness Center may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Opus Wellness Center, and they are required to maintain the confidentiality of your information.
Opus Wellness Center may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Opus Wellness Center or the site; (b) protect and defend the rights or property of Opus Wellness Center; and/or (c) act under exigent circumstances to protect the personal safety of users of Opus Wellness Center, or the public.
Tracking User Behavior
Opus Wellness Center may keep track of the websites and pages our users visit within Opus Wellness Center, in order to determine what Opus Wellness Center services are the most popular. This data is used to deliver customized content and advertising within Opus Wellness Center to customers whose behavior indicates that they are interested in a particular subject area.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by Opus Wellness Center. This information can include your IP address, browser type, domain names, access times, and referring website addresses. This information is used for the operation of the service, to maintain the quality of the service, and to provide general statistics regarding the use of the Opus Wellness Center website.
The Opus Wellness Center website may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Opus Wellness Center pages, or register with Opus Wellness Center site or services, a cookie helps Opus Wellness Center to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Opus Wellness Center services or websites you visit.
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Children Under Thirteen
Opus Wellness Center does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
Disconnecting your Opus Wellness Center Account from Third Party Websites You will be able to connect your Opus Wellness Center account to third party accounts. BY CONNECTING YOUR OPUS WELLNESS CENTER ACCOUNT TO YOUR THIRD PARTY ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON THOSE THIRD PARTY SITES). IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION, TO BE SHARED IN THIS MANNER, DO NOT USE THIS FEATURE. You may disconnect your account from a third-party account at any time. Users may learn how to disconnect their accounts from third-party websites by visiting their “My Account” page. Users may also contact us via email or telephone.
Opt-Out & Unsubscribe from Third Party Communications
We respect your privacy and give you an opportunity to opt-out of receiving
announcements of certain information. Users may opt-out of receiving any or all communications from third-party partners of Opus Wellness Center by contacting us here:
From time to time, Opus Wellness Center may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from Opus Wellness Center or click on a link therein.
If you would like to stop receiving marketing or promotional communications via email from Opus Wellness Center you may opt-out of such communications by clicking on the UNSUBSCRIBE button.
External Data Storage Sites
We may store your data on servers provided by third party hosting vendors with whom we have contracted.
Changes to this Statement
Opus Wellness Center welcomes your questions or comments regarding this Statement of Privacy. If you believe that Opus Wellness Center has not adhered to this Statement, please contact Opus Wellness Center at:
Opus Wellness Center
201 South Lakeline Blvd. Suite 402
Cedar Park, TX 78613
Effective as of January 01, 2019