Terms & Conditions
General
The owner and operator of this website (the "Site") is Optimal Performance Training. ("COMPANY" "we" or "us"). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, our Shipping Policy, and our Return Policy, as well as any additional terms and conditions that may apply to specific sections of the Site or to products or services available on the Site or from COMPANY. Accessing the Site in any way, whether automatically or manually, constitutes use of the Site and signifies your acceptance of these Terms of Service.
We reserve the right to modify these Terms of Service or to impose new conditions on use of the Site at any time, in which case the revised Terms of Service will be posted on this website. By continuing to use the Site after we post such modifications, you accept the modified Terms of Service.
Protecting Intellectual Property
Our Limited License to You. This website and all of its contents are owned by us, our affiliates, or our licensors, and are protected by copyright, trademark, and other intellectual property laws. This website is for your personal, noncommercial use only. You may not use the Site or the materials available on the Site in a way that violates our rights or is not authorised by us. Unless expressly permitted by these Terms of Service or the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including via email or other electronic means) any content from the Site. You may, however, occasionally download and/or print one copy of individual pages for your personal, noncommercial use, provided that all copyright and other proprietary notices remain intact.
Your Permission to Us. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text, or otherwise, you represent: I that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are at least thirteen years old. In addition, by submitting, emailing, texting, delivering, or posting any content, you grant us and anyone authorised by us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide licence to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such content, in whole or in part, in any manner or medium now known or hereafter developed and for any purpose. The preceding grant includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark, or patent laws applicable in any applicable jurisdiction. In addition, you grant us and anyone authorised by us the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate, in connection with the exercise of such rights.
You acknowledge and agree that any contributions originally created by you for us shall be considered "work made for hire" when the work performed falls within the definition of "work made for hire" as set forth in Section 101 of the Canada Copyright Law, as amended. Consequently, COMPANY will own the copyrights to these works from the moment they are created. Thus, COMPANY shall be deemed the author and sole owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in any and all languages, as COMPANY sees fit. In the event that any of the results and proceeds of your submissions hereunder are not considered a "work made for hire" under Section 101 of the Copyright Act, as amended, you irrevocably assign, convey, and transfer to COMPANY all proprietary rights, including without limitation all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter developed, to such material and any and all derivative works thereof. We will co-own any posted materials that are reproductions of your prior works.
You acknowledge that COMPANY has the right but not the obligation to use and display any postings or contributions of any kind, and that COMPANY may choose to cease the use and display of such materials (or any portion thereof), at any time and for any reason.
Restrictions regarding linking and framing. You may create a hypertext link to the Site so long as the link does not state or imply that we or the Site sponsor your site. You may not, however, without our prior written consent, frame or inline link any of the Site's content or incorporate any of our material, content, or intellectual property into another website or other service.
Disclaimers
We may provide links and pointers throughout the Site to Internet sites operated by third parties. Our linking to these third-party websites does not imply an endorsement or sponsorship of the information, products, or services offered on or through these websites. In addition, neither we nor our affiliates operate or control in any way any information, products, or services that third parties may offer on or through the Site or on websites to which we have provided links on the Site.
The opinions, advice, statements, services, offers, and other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, not COMPANY. Neither COMPANY nor any third-party information provider warrants the accuracy, exhaustiveness, or utility of any content. In addition, COMPANY does not endorse and is not responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorised COMPANY representative while acting in his/her official capacity.
THE INFORMATION, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY THE COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING FORUMS, OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THE SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
You agree to defend, indemnify, and hold COMPANY, its affiliates, their successors, transferees, assignees, and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders, and employees of each harmless at all times from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or relating to your breach of any obligation, warranty, representation or covenant set forth in this.
Online Commerce
You may be able to purchase a variety of products and services online from third parties through certain areas of the Site. We cannot guarantee the quality, accuracy, timeliness, dependability, or any other characteristic of these products and services. If you make a purchase from a merchant on the Site or on a site linked by the Site, the information obtained during your visit to that merchant's online store or site, as well as the information you provide as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant's data collection and privacy policies may differ from our own. We are not liable or responsible for these independent policies. Additionally, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that apply specifically to the purchase or use of such products or services. To learn more about a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit the merchant's website and click on the information links, or contact the merchant directly. You release us and our affiliates from any damages you incur and agree not to assert any claims against us or them arising from your purchase or use of any third-party products or services made available through the Site.
Your participation, correspondence, or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that COMPANY is not responsible or liable for any loss, damage, or other matters of any kind that result from such dealings.
You agree to be financially responsible for all purchases made through the Site by you or on your behalf. You agree to use the Site and purchase services or products through the Site solely for lawful, noncommercial purposes. You also agree not to make purchases for speculative, fraudulent, or false purposes, or to anticipate demand for a particular product or service. You agree to purchase goods or services only for yourself or for a third party for whom you are legally authorised to do so. When making a purchase for a third party that requires you to provide the third party's personal information to us or a merchant, you represent that you have the third party's express consent to provide their personal information.
Interactive Features
This website may include a variety of communication tools, such as bulletin boards, web logs, chat rooms, and email services, which allow users to provide feedback and interact in real time, as well as other tools that enable users to communicate with one another. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, rests with each individual user; you are solely responsible for the content you post or send. We have no control over the messages, data, or files that you or others may transmit via the Site. As a condition of using the Site, you agree not to:
Restrict or inhibit the use and enjoyment of the site by other users.
You may not use the Site to impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity.
Interfere with or disrupt any servers or networks used to provide the Site or its features, or fail to comply with any requirements, procedures, policies, or regulations of the networks used to provide the Site.
Utilize the Site to incite or encourage others to engage in illegal activities or cause bodily harm or damage to property.
Attempt to gain unauthorised access to the Site or any account, computer system, or network connected to the Site through hacking, password mining, or other illegal means.
Obtain or attempt to obtain any materials or information by any means not expressly made available through this website.
Use the Site to post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, but not limited to, any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, federal or international law.
Use the Site to post or transmit any information, software, or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights, or that is protected by copyright, trademark, or other proprietary right, or derivative works with respect thereto, without the owner's permission.
Utilize the Site to post or transmit any information, software, or other content containing a virus or other potentially damaging component.
Utilize the Site to post, transmit, or otherwise exploit any information, software, or other content for commercial purposes or that contains advertising.
Without our express written permission, you may not use the Site to advertise or solicit anyone to buy or sell products or services, or to make donations of any kind.
Collect for marketing purposes any email addresses or other personally identifiable information posted by other site users.
On its websites and on other platforms, COMPANY may host message boards, chats, and other private/public forums. Any user who violates the terms and conditions of this Agreement may be expelled from and denied future access to the discussion boards, groups, chats, or other such forums. COMPANY or its designated agents may at any time and for any reason remove or modify any user-generated content. The purpose of message boards, chats, and other public forums is to serve as discussion hubs for users and subscribers. Information and content posted in these public forums may be supplied by COMPANY staff, COMPANY's external contributors, or unaffiliated users, some of whom may use anonymous user names. COMPANY expressly disclaims all responsibility and endorsement and makes no representations as to the validity of any opinion, advice, information, or statement expressed or displayed in these forums by third parties. We are also not responsible for any errors or omissions in such postings or for hyperlinks embedded in any messages. Under no circumstances shall we, our affiliates, suppliers, or agents be liable for any loss or damage resulting from your reliance on information obtained via these forums. The opinions expressed in these forums are those of the individual participants and do not represent those of COMPANY or any of its subsidiaries or affiliates.
COMPANY is under no obligation to monitor any of the content or postings on the Sites' message boards, chat rooms, or other public forums. You acknowledge and agree, however, that we reserve the right to monitor the website at our sole discretion. In addition, we reserve the right, for any reason, to alter, edit, refuse to post, or remove any postings or content, in whole or in part, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process, or government request and to protect ourselves, our clients, sponsors, users, and visitors.
Registration
To access certain features of the Site, you may be required to provide demographic information such as your gender, birth year, zip code, and country. In addition, if you choose to register for a particular feature of the Site, such as chat rooms, web logs, or message boards, you may be required to provide personally identifiable information, such as your name and email address, on the registration form provided. You agree to provide true, accurate, current, and complete information about yourself as prompted by the registration form on this website. We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Site if we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete (or any portion thereof). The terms of our Privacy Policy govern our use of any personally identifiable information you provide as part of the registration process.
Passwords
You will receive a username and password as part of the Site's registration process in order to access certain features. You are responsible for maintaining the secrecy of your password and account, along with all activities (whether by you or others) that occur under your password or account. You agree to notify us immediately of any unauthorised use of your password or account or any other breach of security, and to exit from your account at the conclusion of each session. We are not responsible for any loss or damage resulting from your failure to safeguard your password or account information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF (SINCE SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF CERTAIN KINDS OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY, PARENT, AND AFFILIATED COMPANIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, IS TO CEASE USING THE SITE AND THE PRODUCTS, SERVICES, AND/OR MATERIALS.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT, AND COMPANY MAKES NO IMPLIED OR EXPRESS WARRANTY AS TO ITS ACCURACY, COMPLETENESS, OR SUITABILITY FOR ANY PURPOSE.
ABOUT THE CONTENT RELATING TO HEALTH & WELLNESS ON THE WEBSITE: THIS WEBSITE PROVIDES HEALTH, WELLNESS, FITNESS, AND NUTRITIONAL INFORMATION AND IS INTENDED SOLELY FOR EDUCATIONAL PURPOSES. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, NOR DOES IT REPLACE THEM. CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL AT ALL TIMES IF YOU HAVE ANY CONCERNS OR QUESTIONS REGARDING YOUR HEALTH. DO NOT IGNORE, AVOID, OR DELAY SEEKING THE ADVICE OF YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY READ ON THIS SITE. YOU USE ALL INFORMATION PROVIDED ON THIS SITE AT YOUR OWN RISK.
NOTHING ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND SHOULD NOT BE CONSIDERED TO BE, MEDICAL OR COUNSELING CARE. THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS, OR ADVICE FOR PURPOSES OF THIS AGREEMENT.
Termination
We reserve the right to cancel or terminate your permission to use the Site or any portion of the Site at any time and without notice. In the event of cancellation or termination, you are no longer permitted to access the portion of the Site that has been affected. The restrictions imposed on you regarding content downloaded from the Site, as well as the disclaimers and liability limitations outlined in these Terms of Service, shall survive.
Refund Policy
Your purchase of a good, service, or event ticket may or may not be eligible for a refund. Each product, service, and course will have its own refund policy.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the "DMCA") grants recourse to copyright owners who believe that Internet content violates their rights under U.S. copyright law. If you believe that content hosted by COMPANY violates your intellectual property rights, you or your agent may send COMPANY a notice requesting that the content be removed or that access to it be blocked. Any notification by a copyright owner or person authorised to act on its behalf that does not comply with DMCA requirements shall not be deemed sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts or circumstances from which infringing material or acts are evident. The DMCA permits you to send COMPANY a counter-notice if you believe in good faith that a notice of copyright infringement was filed against you in error. All notices and counter notices must comply with the DMCA's then-current statutory requirements; see http://www.loc.gov/copyright for more information. Contact the Copyright Agent of COMPANY for notification here.
Assignment
This Agreement shall be binding on COMPANY and our respective assigns, successors, heirs, and legal representatives, and shall inure to their benefit. This Agreement and any rights hereunder may not be assigned without COMPANY's prior written consent. Notwithstanding the foregoing, COMPANY may freely assign all rights and obligations under this Agreement to any affiliated entity or any of its wholly-owned subsidiaries.
Dispute Resolution
These Terms of Service shall be governed by and construed in accordance with the laws of Florida, and any dispute shall be arbitrated in North Palm Beach, Florida. If any provision of this agreement is determined to be unlawful, void, or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Class Action Waiver
You may only resolve disputes with us on an individual basis; you may not bring a claim in a class, consolidated, or representative action as a plaintiff or class member. Not permitted are class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations.
The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, or private attorney general action) unless all relevant parties agree following the commencement of the arbitration.
Severability
If any provision of these Terms of Service (other than the Class Action Waiver provision) is determined to be illegal or unenforceable, that provision will be severed and the remaining provisions will remain in full force and effect. If the Class Action Waiver clause is determined to be illegal or unenforceable, the entirety of this Provision will be void and the dispute will be resolved by a court.
- Vestibulum at eros
