Last edited 11/19/2021
Acceptance of Terms
The services that OPTApp, Inc. provides to you are subject to the following Terms of Service. OPTApp reserves the right to update the Terms of Service at any time without notice to you. The most current version of the Terms of Service can be reviewed by clicking on the “Terms of Service” hypertext link located at the bottom of the Webpages.
Description of Services
For purposes of this agreement, “Service” refers to OPTApp, Inc. Personal Training Services, which can be accessed at optapp.io (referred to as “Website”) . “Service” also refers to the OPTApp, Inc. services accessed via Powerhouse Gym LIC located at 30-30 Northern Blvd. Long Island City, 11101. (referred to as “Club”) and/or Virtual Training through third party providers (referred to as “Virtual Training”), or Online Personal Training through our Software Application provided by a third party provider (referred to as “Online Personal Training”) in which users can receive Personal Training and instruction in fitness, nutrition, and/or behavior at the Club, Virtual Training, or Online Personal Training. The terms “we,” “us,” and “our” refer to the OPTApp, Inc. “You” refers to you, as a user of our Website, our Service, Club, Virtual Training, and/or Online Personal Training.
ADDITIONAL TERMS AND CONDITIONS
The following Terms and Conditions apply when you active the Service of FREE Personal Training session included in the OPTApp Websites.
Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms and Conditions. If you do not agree to be bound by these Terms of Service in their entirety, you may not access or use the Service.
ABOUT THE SERVICE
The Service allows you to receive One FREE Personal Training Session, Nutrition coaching, Behavior coaching, lifestyle coaching at the designated appointed place and agreed upon time.
The Service you will receive is a customized Personal Training and/or Coaching Service that uses proprietary information which includes various disciplines, strategies, tactics, psychology, and skill.
Your right to obtain the best service is what matters most and can be delivered by accepting this agreement when activating Service by providing your name and email. To use the Service, you must submit an Assessment Form and sign a waiver then schedule the session with Coach Ozzie using the link provided to you through the Website FREE Personal Training Session Process.
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You need to be at least 18 years old to register for and use the Service.
There is a limit to 1 Per User. You cannot trade with anyone else.
You agree to attend the day and time You set by our agreement and to arrive at least 5 minutes early to set up and get ready to begin training at Your appointed time.
You agree to notify OPTApp immediately of any changes to your schedule that will inhibit your ability to obtain Service at least 24 hours before your scheduled time and day of service.
If you fail to notify or disclose at least 24 hours in advance your inability to attend service and or miss service for whatever reason, whether business or personal, you agree to forfeit the session without holding OPTApp or the Club accountable for Service not received.
We do our best to accommodate you as best as we can but it is your responsibility to attend the scheduled time to receive the best possible outcome.
OPTApp, Inc. will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of extensions in class.
You must use a FREE Guest Pass for your first visit. If you have already used a FREE Guest Pass, a Club Usage FEE of $20 will be in effect. We do, however, have a special promotion for you if you decide to join the club and receive training.
In order to receive special promotional offers from OPTApp, Inc. and Powerhouse Gym LIC, you must purchase Service provided by OPTApp, Inc. For more details on that, please talk to Coach Ozzie who can help explain that to you further.
Your permission to receive the service is conditioned upon the following use, posting and conduct restrictions and you agree that you will not under any circumstances:
· access the Service for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Service,
· collect or harvest any proprietary information for the purpose of redistributing trade secrets of any kind for the purpose of reconstructing the Service for business purposes, either directly or indirectly,
· use the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise; if you are interested in creating business, you may contact [email protected] directly so that we can set up a meeting and discuss any potential business arrangements,
· distribute any part or parts of the Service without our explicit written permission (copy materials from the service for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
· use the Service for any unlawful purpose or for the promotion of illegal activities;
· attempt to, or harass, abuse or harm another person or group;
· you may intentionally allow another user to access your service if agreed upon in writing with Coach Ozzie;
· provide false or inaccurate information when registering for service including communicated agreement;
· interfere or attempt to interfere with the proper functioning of the Service;
· make any automated use of the Service, the Service or the related systems, or take any action that we deem to impose or to potentially impose revealing trade secrets to any other organization;
· circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or
· publish or link to malicious content of any sort, including that intended to damage or disrupt the Company's reputation.
· Purchase with the intent to “funnel hack” as this will be a violation of the terms and you will forfeit your purchase unless or otherwise used for the sake of personal use.
We grant you permission to use and access the Service, subject to the following express conditions surrounding Service. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms.
While using the Service, you agree as follows:
· You are solely responsible for your results and the activity that occurs while receiving service in or while using your service;
· You will not post information that is malicious, libelous, false or inaccurate anywhere online;
· You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
· You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content;
· You hereby agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and ask you to take down anything that violates any part of this agreement or we may need to terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Website is not responsible for any public display or misuse of your User Content.
OPTAPP, INC AND ITS SERVICES ARE PROTECTED BY U.S. AND INTERNATIONAL LAWS. REPRODUCTION AND DISTRIBUTION OF OPTAPP SERVICES WITHOUT WRITTEN PERMISSION OF OPTAPP, INC. IS PROHIBITED BY LAW.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Website, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
LINKS TO OTHER SITES AND/OR MATERIALS
NOTICE SPECIFIC TO SERVICE AVAILABLE ON THIS WEBSITE
Any Software App that is made available to download from the Service (“Software”) is the copyrighted work of OPTAppp, Inc. and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. Third party scripts or code, linked to or referenced from this website, or licensed to you by the third parties that own such code, not by OPTApp, Inc.
The Software App is made available for download solely for end user according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressed prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVIER OR LOCATION FOR FURTHER REPORDUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, OPTAPP INC. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE, OPTAPP MAY MAKE AVAILABLE AS PART OF THE SERVICE OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. OPTAPP DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OF OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN OPTAPP SOFTWARE PRODUCTS.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and require that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the our designated copyright agent at [email protected]:
1. The date of your notification;
2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
1. Your physical or electronic signature;
2. A description of the content that has been removed and the location at which the content appeared before it was removed;
3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in the State of N.Y. and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our sole discretion) be reinstated on the Site in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service’s email and messaging system will not constitute legal notice to the Website, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the email message, or by sending an email to [email protected] or mail to the following postal address:
Powerhouse Gym LIC
ATTN: OPTApp Customer Support
30-30 Northern Blvd.
Long Island City
Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE OPTAPP WEBSITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident using the Service, you may specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Copyright © OPTApp, Inc. 2021