Welcome to Optimal Aviation.

Terminology applicable to these specific Terms and Conditions, as well as any and all Agreements based thereupon, is as follows: “The Customer,” “Member,” “User,” “Your,” and “You” refers directly to you, as the individual making use of this website, and the individual who accepts these Terms and Conditions.

Optimal Aviation shall henceforth be referred to as “Website,” “Company,” “Platform,” “Us” and “We.” The purpose of this document is to outline and govern the relationship between you (User) and us (the Company). Your use of and access to this website, as well as the services it offers (known collectively as the “Services”) is subject to the notices, terms and conditions detailed below (known collectively as the “Terms of Service.”)

We reserve the right to amend this Agreement from time to time, and also reserve the right to amend the Cookie Policy and/or the Privacy Policy.

Eligibility

Your presence on and use of this website is your statement and confirmation that you are a minimum 18 years of age and have never previously been blocked, banned or suspended from the website. You additionally state and confirm that: (1) the information submitted by you is 100% accurate; and (2) you will not violate the policies and regulations listed in the agreement.

General Terms

We aim to ensure that all the information on our website, including descriptions, profiles and specifics, is up to date and accurate. Nevertheless, errors may sometimes occur. In the event that we identify an error, we will rectify it at the earliest possible opportunity.

We reserve the right to change any section/ feature at our own discretion. The users understand that we also reserve the right to terminate access in the event we suspect that you are performing inappropriate activities.

Medical Disclaimer

The information, services, training or any other programs offered on our website are for training purposes only.  As a user, you understand that we are not providing healthcare services, and our training is different than a therapy, counseling or clinical intervention. Although our programs are designed using evidence-based research, due to the nature of the services we cannot guarantee effectiveness for any individual user. Cognitive training does not include a doctor-patient relationship; we offer training programs that you may complete to assist yourself in neurocognitive performance. Our training programs are not intended to replace or substitute professional medical advice; if you have any health issue, please contact a qualified health professional.

Much like personal training, starting a new exercise program, or physical therapy (PT), you must understand brain training results vary due to individual differences, such as the nature and extent of a weakness, injury, or obstacle. Exercise effort levels are also an important factor, and it is possible that some challenges might not be overcome using OA Training alone or in conjunction with a medical intervention. Finally, it should be noted that, unlike PT, OA Training is not a medical intervention and it was designed for fitness and educational purposes only. 

You should also note there are many other factors outside of brain training linked to your success with cog tests and aviation in general, ranging from your cognitive functioning to your emotions (i.e., anxiety levels during tests) to how much water you drank or sleep you enjoyed. In addition, it is our understanding that evaluations for FAA purposes look well beyond cognitive functioning to make their determinations, using multiple forms of required information.

In terms of your readiness to take or retake cog tests, it is critical to note that our work in this area is unpublished and, unlike the actual exercises we use, it has not gone through a rigorous, scientific, peer-reviewed process; sample sizes are relatively small at this time as well, though growing every week; overall, we are only able to offer you our training experiences based on a changing landscape of information and the many pilots we have worked with in the past and at present. Nonetheless, we enjoy working with professionals in the aeromedical field so that we all develop a greater understanding of this important area, which in the past most often had no basis for determining readiness other than pure guesswork! 

Research

Please note your assessment and/or training data, once generated, may be used for research purposes at any time at the discretion of OA. You will not be remitted payment of any kind or credit for use of said data. No personal identity information will be used in any publications or communications outside of the OA organization or weekly coached emails to the address you provided upon sign up. 

OA Coaches: Just as our exercises do not look like flying, they also do not look like cog tests. Our exercises strive to assist you in strengthening the underlying brain processes most important to flight performance and safety, many of which are measured during cog testing and important in reaching a determination regarding the issuance of your airman medical certificate. While OA Exercises and Coaching could help you reach your aviation goals, we do not “coach” pilots on ways to “beat” their cog tests, and we strive to maintain the highest level of ethical standards in this regard.

OA Coaches also do not purport to be medical practitioners, personal trainers, physical therapists, or experts of any kind. They are present to review your frequency and duration of training sessions, report your gains or lack thereof, and answer questions you might have to the best of their ability. As noted, OA Training is not a medical intervention and is present for informational, educational, and fitness purposes only.

Use of the Website

By making use of our website, you acknowledge and agree to be bound by the following terms:

1. You shall not make use of the website to commence any unlawful or fraudulent activity.
2. You shall not copy, disclose or distribute the website or its components in any format, including but not limited to “scraping” via automatic or non-automatic means.

iii. You shall not utilize the website in any unlawful manner.

1. You shall not interfere with the security or integrity of the system, nor make any attempt to do so. You must not decipher or attempt to decipher transmissions from or to the website servers.
2. You shall not use scrapers, crawlers, spiders, robots or other means to interface with or extract data from the website other than the means provided by us.
3. You shall not use bots or other software to send spam messages through our website.

vii. You shall not access the website for the purpose building similar products or services.

viii. You shall not take actions that impose or have the potential to impose large or unreasonable demands on our hardware or infrastructure.

If at any time we discover that you are undertaking any of the actions or behaviors described, we reserve the right to terminate or suspend your access to our website. While we will generally provide explanations to users suspended or terminated, we are not obligated to do so and reserve the right to terminate or suspend the access of any user without explanation or notice, at any time.

Our services do not include evaluation or diagnosis and are not FDA approved. We attempt to deliver exceptional services however we do not guarantee that the training will affect flight performance or safety, efficiency, speed, attention, short-term memory, or visual perception.

Payments

The costs for training are discussed upon your initial contact, and payments are made using credit card or check. There are no refunds for any cognitive training programs, even if the program is not completed by the individual or the intended gains are not observed.

Liabilities and Disclaimers

The user understands that the training requires a lot of time and effort, and if they are not willing to devote time and effort, results may not be observed. None of the content displayed by this website is covered by any warranty, conditions or guarantee regarding its accuracy. Unless express statement is provided to the contrary, and to the maximum degree that the law permits, Optimal Aviation and all associated content providers, advertisers and suppliers hereby expressly and completely exclude without limitation all warranties, conditions and/or other terms that might otherwise be implied by the legislation, or the regulations of equity, and disclaim liabilities for damages, including but not limited to indirect, direct, consequential, special, incidental or punitive damages, damages for loss of profit, loss of data, loss of use or other intangibles, damages to reputation or goodwill, procurement cost for alternative services or goods necessitated by or related to the inability to use, use of, failures or other performance of this website or any Linked Sites and material posted thereupon, regardless of whether any such damages were foreseeable or arose in equity, tort, contract, restitution, at common law, by statute or otherwise.

Language, Governing Law, Miscellany

This Agreement is governed and interpreted in accordance with the law. Both parties agree, to the extent applicable law permits, that competent courts have jurisdiction, on a non-exclusive basis, to hear and determine any action, proceeding or suit, as well as settle any dispute, arising from or connected to this Agreement.

You, as a user of our website, do not have and cannot receive ownership interests in any part of our website. You are entitled only to the revocable access and license detailed above.

You are prohibited from selling, leasing, distributing, transferring or sublicensing the website. If you breach any of these restrictions and we do not withdraw your license or website access, this does not constitute our condoning of your actions or limit our right to withdraw license or access in the future.

Intellectual Property

Our website, along with its design and images, writings, templates, text, graphics, scripts, features, logos or trademarks contained within (termed as “Trademarks”) are all licensed to or owned by us (or the respective owners), and are subject to intellectual property and copyright laws both of the United States and international conventions. We reserve all rights in and to the website, including those not expressly granted. You agree that you shall not engage in the usage, distribution or copying of any contents or components of the website without our express permission, in writing. The users understand that all the content posted by them is their own, and we will not be held responsible in case a legal action is taken against them for copying or stealing someone’s content.

Indemnification

You state and confirm that you shall indemnify, defend and hold harmless our Company, and all members, managers, directors, officers, contractors, employees, agents and joint venturers thereof, against and from any damages, claims, losses, obligations, costs, expenses, debts and liabilities (including, without limitation, attorney’s fees) which arise from:

1. Your access to or usage of the website.
2. Violation of any term of the Cookie Policy, the Privacy Policy or the Agreement by you.
3. Violation of third party rights, including but not limited to property, copyright or contractual right, by you.