Terms & Conditions
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.”)
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.
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.
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.
Use of the Website
By making use of our website, you acknowledge and agree to be bound by the following terms:
- You shall not make use of the website to commence any unlawful or fraudulent activity.
- 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.
- 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.
- 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.
- 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.
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.
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.
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:
- Your access to or usage of the website.
- Violation of third party rights, including but not limited to property, copyright or contractual right, by you.