This website is operated by PBF Programs LLC Optimistic Heart (“Company,” “we,” “us,” or “our”). Throughout the site, the terms PBF Programs LLC Optimistic Heart, “we,” “us,” and “our” refer to the Company. The Company offers this website, including all information, content, products, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing a product or service from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink (such as our Privacy Policy and Return Policy). These Terms of Service apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
1. Online Store Terms
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. You must be at least 18 years old to use this website or opt in to receive communications from PBF Programs LLC Optimistic Heart. You may not use our products for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of the Terms will result in immediate termination of your Services.
2. General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks, and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission by us.
3. Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting more complete, primary, or timely sources of information. Any reliance on the material on this site is at your own risk.
4. Modifications to the Service and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
5. Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
6. Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.
7. Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have control. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties or conditions of any kind.
Any use of optional tools offered through the site is entirely at your own risk.
8. Third-Party Links
Certain content, products, and services available via our Service may include materials from third parties.
We are not responsible for examining or evaluating the content or accuracy and do not warrant and will not have any liability for third-party materials or websites.
9. User Comments, Feedback, and Submissions
If you send certain submissions (for example, testimonials, suggestions, or creative ideas) whether online, by email, or otherwise, you agree that we may, at any time, edit, copy, publish, distribute, and otherwise use any comments you forward to us without restriction.
We have no obligation to maintain any comments in confidence, to pay compensation, or to respond.
10. Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
SMS Messaging Terms
By providing your mobile phone number and opting in through our website or forms, you consent to receive SMS (text) messages from PBF Programs, LLC, doing business as The PBF Programs LLC Optimistic Heart.
Description of SMS Use Cases
SMS messages may include, but are not limited to:
Appointment confirmations and reminders
Program updates and important service notifications
Customer support communications
Occasional marketing and promotional messages (only if separately opted in)
Message frequency may vary based on your interaction with our Services.
Opt-In Method
You opt in to SMS messaging by submitting your phone number through our website forms and checking an unchecked consent box authorizing SMS communications.
Opt-Out Instructions
You may opt out of SMS messages at any time by replying STOP to any message.
After opting out, you will no longer receive SMS messages unless you opt in again.
For help, reply HELP or contact us at [email protected].
Message & Data Rates Disclosure
Message and data rates may apply depending on your mobile carrier and plan. PBF Programs, LLC is not responsible for any charges incurred.
Carrier Liability Disclaimer
Mobile carriers are not liable for delayed or undelivered messages.
Privacy & Consent
SMS consent is not shared with third parties or affiliates for marketing purposes.
Your participation in SMS messaging is subject to our Privacy Policy.
11. Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, or availability. We reserve the right to correct any errors or omissions and to update or cancel orders if any information is inaccurate at any time without prior notice.
12. Prohibited Uses
In addition to other prohibitions set forth in the Terms, you are prohibited from using the site or its content for any unlawful purpose; to solicit others to perform unlawful acts; to violate international or local laws; to infringe upon intellectual property rights; to harass, abuse, insult, or discriminate; to upload viruses; or to interfere with the security features of the site or any related website.
13. Disclaimer of Warranties; Limitation of Liability
We do not guarantee that your use of our service will be uninterrupted, timely, secure, or error-free.
You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time without notice.
You expressly agree that your use of the service is at your sole risk.
In no case shall PBF Programs, LLC dba The Optimistic Heart, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any injury, loss, claim, or damages of any kind arising from your use of any service or product.
14. Indemnification
You agree to indemnify, defend, and hold harmless PBF Programs, LLC, its affiliates, partners, officers, and employees from any claim or demand made by any third party due to your breach of these Terms or violation of any law or rights of a third party.
15. Severability
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms.
16. Termination
The obligations and liabilities incurred prior to termination shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by ceasing to use our site.
17. Entire Agreement
These Terms constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements. Any ambiguities in the interpretation shall not be construed against the drafting party.
18. Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Ohio, United States.
Contact Information
Questions about the Terms of Service should be sent to us at: [email protected]
PBF Programs LLC Optimistic Heart, Loveland, OH, USA