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TERMS OF SERVICE 

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. 

CLUB RESTRICTIONS 

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. 

CONDUCT RESTRICTIONS 

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.  

COPYRIGHT NOTICE

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

The Website does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Website, Service or with other Users. For more details, please see the Privacy Policy. 

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. 

Though we strive to enforce these Terms of Service, you may be exposed to User Content that is inaccurate or objectionable when you use or access the Website or the Service. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Website or the Service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Service or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. E-mails sent between You and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law. OPTApp shall have the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of a misuse of our Service or violation of these Terms of Use, please contact me at [email protected] . 

LINKS TO OTHER SITES AND/OR MATERIALS 

As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site. 

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. 

LICENSE GRANT 

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. 

INTELLECTUAL PROPERTY 

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use. 

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 

For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. 

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 

NY 11101 

 Opting out may prevent you from receiving messages regarding the Site, the Service or special offers. 

WARRANTY DISCLAIMER 

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.” 

MODIFICATION OF TERMS OF USE 

We can amend these Terms of Use at any time and will update these Terms of Service in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid. 

GENERAL TERMS 

If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement. 

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. 

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of New York, without regard to conflict of law provisions. 

We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void. 

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AND REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. 



Copyright © OPTApp, Inc. 2021