CONDITIONS OF USE & SERVICE TERMS

Welcome to OpenFormula.com. Open Formula LLC and/or its affiliates (“Open Formula”) provide website features and other products and services to you when you visit or shop at OpenFormula.com, use Open Formula products or services (collectively, the “Open Formula Products & Services”). Open Formula provides the Open Formula Products & Services subject to the following conditions.


ELECTRONIC COMMUNICATIONS

When you use Open Formula Products & Services, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other means, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any Open Formula Products & Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Open Formula or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Open Formula Products & Services is the exclusive property of Open Formula and protected by U.S. and international copyright laws.

TRADEMARKS

Open Formula is a trademark owned by Open Formula LLC. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Open Formula Products & Services are trademarks or trade dress of Open Formula in the U.S. and other countries. Open Formula’s trademarks and trade dress may not be used in connection with any product or service that is not Open Formula’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Open Formula. All other trademarks not owned by Open Formula that appear in any Open Formula Products & Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Open Formula.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Open Formula or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Open Formula Products & Services. This license does not include any resale or commercial use of any Open Formula Products & Services, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Open Formula Products & Services or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Open Formula or its licensors, suppliers, publishers, rightsholders, or other content providers. No Open Formula Products & Services, nor any part of any Open Formula Products & Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Open Formula. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Open Formula without express written consent. You may not use any meta tags or any other “hidden text” utilizing Open Formula’s name or trademarks without the express written consent of Open Formula. You may not misuse the Open Formula Products & Services. You may use the Open Formula Products & Services only as permitted by law. The licenses granted by Open Formula terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

You may need your own Open Formula account to use certain Open Formula Products & Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may be allowed from time to time to post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Open Formula reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Open Formula a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Open Formula and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Open Formula for all claims resulting from content you supply. Open Formula has the right but not the obligation to monitor and edit or remove any activity or content. Open Formula takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

Open Formula respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at ask@openformula.com or +1 (800) 666-4615.

RISK OF LOSS

All purchases of physical items from Open Formula are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

SHIPPING

Open Formula offers free shipping to the customer within the United States on orders over $25 to users who have an active annual membership. Shipping is typically done via the United States Post Office. Please note, Open Formula does not cover return shipping. At present, Open Formula does not ship to international locations.

FAIR USAGE

Open Formula’s fair usage policy (“FUP”) is designed to prevent fraud and abuse of Open Formula Products & Services. Open Formula’s Products & Services are for individual use only, and not for resale. The following is a non-exhaustive list of practices that would not be considered legitimate use:

a)     Re-selling Open Formula Products & Services

b)     Sharing a membership between multiple users who are not part of the same household

c)     Unusual purchasing patterns inconsistent with normal, individual use of Open Formula Products & Services

Open Formula may at its option, terminate or suspend its relationship with you, and cancel your membership and purchase orders of any Open Formula Products & Services immediately if it determines you are using the products and services contrary to this FUP.

MEMBERSHIP AUTOMATIC RENEWAL & CANCELLATION

You acknowledge and agree that each membership automatically renews unless you cancel it or we suspend or terminate it in accordance with these terms. Open Formula will automatically renew your membership and charge your payment method depending on the membership chosen by you and, as authorized by you by agreeing to the automatic renewal of your membership during the member sign-up process.

To cancel your membership, go to the account page of the Open Formula website when you login. You can cancel your membership any time. If you do, you will not be billed in the next billing cycle. Your current membership will remain active until its expiration date. Open Formula does not offer partial period refunds.

TERMS OF SALE

Open Formula sells Open Formula Products & Services to end-user customers at the member-only prices who purchase a recurring membership plan (“Members”). You may also purchase Open Formula Products & Services without having an active membership at the regular prices.

ELIGIBILITY

You must be 18 years of age or older to visit or use the Open Formula Products & Services in any manner. By accepting the terms here, you represent and warrant to Open Formula that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these terms. You also represent and warrant to Open Formula that you will use the Open Formula Products & Services in a manner consistent with any and all applicable laws and regulations.

MONEY-BACK GUARANTEE

Open Formula offers a 30-day money-back guarantee on all of its products. If you are not happy with any of the products you purchase, please contact us within 30 days from your order date. Memberships are not eligible for the money-back guarantee.

RETURNS, REFUNDS AND TITLE

If you are not satisfied with your purchase from OpenFormula.com, you may request a refund within 30 days of purchase. Refund requests must be made directly to us at ask@openformula.com. Unfortunately, we do not offer exchanges. All returns will be credited to the original method of payment. The refund will be issued upon processing of the returned item(s). Please include a copy of your purchase order with your shipment. We do not cover the cost of return shipping. The product you wish to return must be in the original bottle and must be 50% full. 

Open Formula does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. We will not provide a refund for a request that is received by Open Formula more than 30 days after the date of original shipment. We also do not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.

PRODUCT DESCRIPTIONS

Open Formula attempts to be as accurate as possible. However, Open Formula does not warrant that product descriptions or other content of any Open Formula Products & Services is accurate, complete, reliable, current, or error-free. If a product offered by Open Formula itself is not as described, your sole remedy is to return it in unused condition.

SANCTIONS AND EXPORT POLICY

You may not use any Open Formula Products & Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Open Formula Products & Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods and services.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The Open Formula Products & Services and all information, content, materials, products and other services included on or otherwise made available to you through the open formula products & services are provided by open formula on an “as is” and “as available” basis, unless otherwise specified in writing. Open Formula makes no representations or warranties of any kind, express or implied, as to the operation of the Open Formula Products & Services, or the information, content, materials, products or other services included on or otherwise made available to you through the Open Formula Products & Services, unless otherwise specified in writing. You expressly agree that your use of the Open Formula Products & Services is at your sole risk.

To the full extent permissible by law, Open Formula disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Open Formula does not warrant that the Open Formula Products & Services, information, content, materials, products or other services included on or otherwise made available to you through the Open Formula Products & Services, Open Formula’s servers or electronic communications sent from Open Formula are free of viruses or other harmful components. To the full extent permissible by law, Open Formula will not be liable for any damages of any kind arising from the use of any Open Formula Products & Services, or from any information, content, materials, products or other services included on or otherwise made available to you through any Open Formula Products & Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

DISPUTES

Any dispute or claim relating in any way to your use of any Open Formula Products & Services, or to any products or services sold or distributed by Open Formula or through OpenFormula.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at 200 Howard ave #236, Des Plaines IL 60018. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the state of Illinois.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

INDEMNITY

You agree to defend, indemnify, and hold Open Formula, its affiliates, licensors, suppliers, and third-party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the “Open Formula Parties”) harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Open Formula Products & Services or Contents, or your violation of these Terms. Open Formula reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the user, in which event the user will cooperate in asserting any available defenses.

APPLICABLE LAW

By using any Open Formula Products & Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Illinois, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Open Formula.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this site. These policies also govern your use of Open Formula Products & Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

Open Formula LLC
200 Howard Ave #236
Des Plaines, IL 60018

ADDITIONAL OPEN FORMULA SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Open Formula Products & Services (the “Open Formula Software”).

ADDITIONAL OPEN FORMULA SOFTWARE TERMS

Use of the Open Formula Software. You may use Open Formula Software solely for purposes of enabling you to use the Open Formula Products & Services as provided by Open Formula, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Open Formula Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Open Formula Software in whole or in part. All software used in any Open Formula Products & Services is the property of Open Formula or its software suppliers and is protected by United States and international copyright laws.

Use of Third Party Services. When you use the Open Formula Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Open Formula Software, whether in whole or in part.

Updates. We may offer automatic or manual updates to the Open Formula Software at any time and without notice to you.

Government End Users. If you are a U.S. Government end user, we are licensing the Open Formula Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Open Formula Software are the same as the rights we grant to all others under these Conditions of Use.

Conflicts. In the event of any conflict between these Conditions of Use and any other Open Formula or third-party terms applicable to any portion of Open Formula Software, such as open-source license terms, such other terms will control as to that portion of the Open Formula Software and to the extent of the conflict.