TERMS OF USE

2020

Welcome to our website.  O2X, together with its affiliates and subsidiaries (collectively “O2X” or “Company”), provides this and other websites (including applications and other online services that are accessible through various desktop, tablet and mobile web browsers from time to time {collectively referred to herein as the “Site”}) to visitors and users subject to your full and complete acknowledgment and compliance with these Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE.  These Terms of Use constitute a legal agreement between O2X and you.  We suggest that you review these Terms of Use and print a copy to be maintained in your records.

By accessing and using the Site, you affirm that you are able and legally competent to agree and comply with these Terms of Use.  If you do not agree to these Terms of Use or if you are not legally competent to agree to them, then you should not and may not use the Site.

Please note that these Terms of Use contain provisions that govern the resolution of disputes or claims between O2X and you.  Please review the section entitled “Legal Disputes” for complete details.

You acknowledge that Company may, from time to time, and in its sole discretion and without notification to You, modify these Terms of Use.  The Company will endeavor to notify You of any change to these Terms of Use by updating the “Terms of Use” section on its website homepage.

Your access and/or use of this Site indicates Your agreement to be governed by these Terms of Use.. It is Your responsibility to apprise Yourself of any Company issued revisions or modifications to these Terms of Service each time you visit or use the Site.

OVERVIEW

O2X provides access to the Site, which may contain customized human performance information as well as performance analysis, information, and data.

TERMS AND CONDITIONS

SITE INTENDED FOR ADULTS ONLY

If you are a minor, which for purposes of these Terms of Use is a person under 18 years of age, You must obtain express written permission from Your parent(s) and/or legal guardian (s).

AVAILABILITY

Company makes no guarantees regarding the availability of the Site or the Services (including the availability of any specific Services). Company reserves the right, in its sole discretion, to discontinue the Site or Services and/or modify the contents of the Site or the terms of the Services as Company sees fit, including but not limited to, the price for Services, descriptions, and other e-commerce related information and/or functionality. You agree that Company will not be liable to You for any such discontinuance or modification of the Site or the Services.

AUTHORIZED USE & PASSWORDS

Company grants You a limited license to access and make personal use of the Site for purposes and uses that are legal and that are permitted by Terms of Use. Other than page caching and/or podcasts, You are not authorized to download or modify the Site or any portion of it, except with express, prior written consent of Company. This license does not include and specifically prohibits any resale or commercial use of this site or its contents (except for Your purchase of Services); any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another person or merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not post or transmit through the Site any material that (i) infringes, misappropriates or otherwise violates the rights of any person or entity, including intellectual property rights; and/or (ii) that is unlawful, threatening, harassing, hateful, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or embarrassing to another user or any other person or entity, sexually-explicit, or is otherwise objectionable in Company’s sole discretion, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violates any law, or which contains advertising or any solicitation with respect to products or services. You are also prohibited from using the Site in any way that restricts or inhibits any other Site user from using or enjoying the Site consistent with the letter and intent of these Terms of Service. Any unauthorized use terminates the permission or license granted by Company in relation to the Site immediately. You are responsible for maintaining the confidentiality of Your user account, profile and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. You agree to immediately notify us of any unauthorized use of Your account or any other breach of security of which You become aware. Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

LINKING (TO & FROM) THE SITE; ADVERTISERS, THIRD PARTY SITE TRANSFER

Company may, from time to time, provide or incorporate via the Site, active hyperlinks to third party websites. The Company has no control over such third-party sites and; therefore, cannot control or ensure  Your security, the content or the quality of the third party site, including but not limited to the goods or services offered.

You expressly acknowledge and agree that Company shall not be held responsible for, nor does it guarantee or endorse,: (a) the availability of third party site, including those that are linked-to sites or resources on the Site; (b) the accuracy, value, or completeness of any content available at or through the third party sites; or (c) the goods or services offered by third-parties.

You acknowledge and agree that Company shall not be responsible or liable to You in any manner, directly or indirectly, for any damage or loss, monetary or otherwise,  caused or alleged to be caused by or in connection with use of or reliance upon any content of any third-party sites, even if accessed directly through the Site.

PRIVACY POLICY

The Company takes your privacy issues seriously. Please review our Privacy Policy which also governs your use of the Services, including information the Company collects and obtains and its use of such information.

PROHIBITION AGAINST HARMFUL TRANSMISSIONS & APPROPRIATE USE OF SITE

As a visitor or user of the Site, You expressly acknowledge and agree that You are responsible for all of your communications and postings, including, but not limited to, comments, commentary, suggestions, resumes, job postings and otherwise (“User Content”). You agree that You will not upload, post, e-mail, or otherwise transmit to the Site or to any other User any messages, programs, or other materials (including, but not limited to, Trojan Horses, viruses, worms, and the like) that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or telecommunications equipment or collect or mine information about this site or other users. Company does not have an obligation to assess or guarantee the accuracy or appropriateness of the communications or postings, even if Company elects, in its sole discretion, to do so or to attempt to do so from time to time. Company is not responsible for any User Content or actions or omissions in response to User Content.

You may not, and You agree that You will not, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site. You may not violate or attempt to violate the security of the Site, including, without limitation, unauthorized access of data; circumventing authentication mechanisms; or interfering with the Site in any way. You may not use any engine, software, tool, agent or other device or mechanism (including but not limited to, browsers, spiders, avatars or BOTs/intelligent agents) to navigate or search the Site other than as provided through the Site and/or a standard third-party browser.  You may not “frame” this Site or display the Site’s content through any other URL or in conjunction with another company name or trademark. You shall not copy the HTML code that the Company creates to generate its webpage.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; RISK OF LOSS

Company takes your privacy issues seriously. Please review our Privacy Policy which also governs your use of the Services, including information collection and information uses.  In addition to the disclaimers and limitations of liability set forth in our Privacy Policy, the following terms and conditions shall apply:

WARRANTIES DISCLAIMED

NEITHER COMPANY NOR ANY OF ITS SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, ASSIGNEES, OR AGENTS WARRANT THAT THE SERVICES OR THE INFORMATION PROVIDED VIA THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS IS EXPRESSLY SET FORTH ELSEWHERE HEREIN, THE SERVICES ARE MADE AVAILABLE “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHERWISE, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. TO THE EXTENT ALLOWED BY LAW, NEITHER COMPANY NOR ANY OF ITS SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, ASSIGNEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY ARISING OUT OF OR RELATED TO (A) YOUR USE OF THE SITE OR SERVICES, (B) THE OPERATION OR MALFUNCTION OF THE SITE OR SERVICES, OR (C) YOUR PURCHASE OF SERVICES (OR ANY OTHER PRODUCTS OR SERVICES) VIA THE SITE, AND, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AS TO (A) THROUGH (C).

LIMITATION OF LIABILITY

TO THE EXTENT ALLOWED BY LAW, COMPANY SHALL HAVE NO LIABILITY FOR UNAUTHORIZED THIRD-PARTY ACCESS FOR ALTERATION, THEFT OR DESTRUCTION OF ANY INFORMATION CONTAINED AT THE SITE THROUGH ACCIDENT OR THROUGH FRAUDULENT OR WRONGFUL MEANS OR DEVICES. IN ANY EVENT, THE LIABILITY OF COMPANY TO YOU OR ANY OTHER USER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO AND SHALL IN NO EVENT EXCEED THE SUM OF THE GREATER OF ONE-HUNDRED DOLLARS ($100.00) OR, IN THE EVENT THAT YOUR DISPUTE OR CLAIM ARISES FROM YOUR PURCHASE OF SERVICES VIA THE INTERNET, THE COST OF SUCH DISPUTED SERVICES (I.E., THE AMOUNT YOU PAID TO COMPANY FOR SUCH SERVICES). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, NON-INFRINGEMENT, AND OTHER CAUSES OF ACTION OR ALLEGATIONS.

NOTE: SOME JURISDICTIONS LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THE TWO PRECEDING PARAGRAPHS. THEREFORE, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING HEREIN MAY NOT APPLY.

RISK OF LOSS, RETURNS & REFUNDS

Some Services purchased from the Site are made pursuant to a third party shipment contract between a third party and the Company. You acknowledge and agree that the risk of loss and title for such Services shall be passed to You upon delivery to Company’s carrier. Under no circumstances does the Company take legal or equitable title to any returned items until the item arrives at our fulfillment center. Company may, in its sole discretion and under certain circumstances, issue a refund You without requiring a return of the item(s) purchased.

HEALTH DISCLAIMER

This Site may provide human performance (conditioning, nutrition, sleep hygiene, stress management, and resilience training) and other related information, recommendations, protocols, programs, applications, and content (collectively “Information”).. The Information is intended only to assist, inform and educate users and visitors in their personal efforts. Company is not a medical organization and cannot – and does not – give You medical advice or a medical diagnosis. Nothing contained in this Site should be construed as medical advice or a medical diagnosis. Any Information and reports generated by Company should not be interpreted as a substitute for consultation, evaluation, recommendation, advice, and treatment of your health care provider(s).

The risk of injury from participation in a human performance program is significant, including the potential for catastrophic injury or death. You should and must consult a medical professional before undertaking any fitness regimen or exercise program, including any exercises or techniques set forth or described on this Site. Any text, pictures, and description set forth in this Site is for educational purposes only (e.g., the information illustrates and explains various fitness-related and exercise techniques) and does NOT advise that You or any other particular Site user undertake or perform any particular technique or exercise. You agree that You will not undertake or perform any exercise or technique described in this Site until and unless You consult with and are cleared by a medical doctor in relation to such participation.

The Site is not intended for use by minors, pregnant women, or individuals with any type of health condition and/or health problem. As are all Users, such individuals are specifically warned to seek professional medical advice prior to initiating any form of human performance training.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless It, its directors, officers, members, employees, assignees, and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including, without limitation, reasonable attorneys’ fees and costs, to the extent that such action is based upon a claim that: (i) would constitute a breach of any of Your representations, warranties, or agreements hereunder; (ii) arises out of or relates to Your use of the Site; and/or (iii) arises out of Your acts or omissions.

SEVERABILITY

In the event that one or more of the words, phrases, sentences, clauses, sections, subdivisions or subparagraphs contained herein shall be held invalid, these Terms of Use shall be construed as if such invalid portion had not been inserted. In the event that any invalid language is severed under this paragraph, the severed language shall be comprised of the smallest unit possible such that the severance of the unit results in a valid provision (e.g., a single item in a list will be severed rather than the entire list, a clause will be severed rather than the entire sentence, etc.).

ENTIRE AGREEMENT

These Terms of Service set forth and contain the entire agreement with regard to the matters set forth herein between You and Company. There are no promises, terms, conditions, or obligations other than those contained herein. These Terms of Use supersede all previous communications, written or verbal, representations, or agreements, either verbal or written, between and among You and the Company with respect to the subject matter hereof.

CHOICE OF LAW

These Terms of Use and any disputes arising hereunder shall be construed under and governed by the laws of the Commonwealth of Massachusetts. All contracts resulting from or relating to this Site, including Member Agreements, as well as all information and advice provided herein, shall be deemed to have been formed, entered into, executed, and/or given/communicated in the Commonwealth of Massachusetts.

VENUE; PERSONAL JURISDICTION; SERVICE OF PROCESS

Any dispute arising out of, concerning, or relating to these Terms of Use shall exclusively be brought in the appropriate state or federal courts located in the Commonwealth of Massachusetts. By accessing and using the Site, You (and any person or entity on whose behalf you act) hereby agree and consent to the exclusive jurisdiction and venue of any state or federal court located in the Commonwealth of Massachusetts and You hereby waive and release now and forever any defense to that assertion of jurisdiction, including lack of personal jurisdiction and forum non-conveniens.

HEADINGS FOR CONVENIENCE ONLY

The headings used herein are for convenience only. The headings do not purport to define, limit, or extend the scope or intent of the language of the sections and the paragraphs to which they pertain.

WAIVER

The waiver by one party of a breach of any provision of these Terms of Use by the other party shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision by the other party. The failure of a party at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same.

MARKS & MATERIAL

The Site contains copyrighted material, trademarks and other proprietary information which may include text, software, photos, video, graphics, music and sound. The entire contents of the Site are copyrighted by Company and are subject to United States and international copyright laws. Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or expressly allowed herein, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Company and the copyright owner, if other than Company. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that You do not acquire any such ownership rights by downloading copyrighted material or otherwise using the Site. Without the owner’s prior written permission, You agree not to display or use in any manner (other than as set forth in this T.O.S.), any trademarks or content found on the Site.

 

CONTACT

Please direct all inquiries and other communications relating to the Site and/or the Services to:

O2X

28 New Driftway

Suite 5

Scituate, Massachusetts 02066

info@o2x.com

With copy to Company’s Legal Counsel:

Katherine Connolly, Esq.

Donovan Hatem LLP

53 State Street

Boston, Massachusetts 02109

 

LOCAL LAWS

You warrant and agree that Your access to and use of the Site is in compliance with the laws governing such access, use, and related conduct in Your geographic region.

PROHIBITED CONDUCT

Use of the Site or the corresponding Services for any use or reason other than the intended and permissible uses described or implied herein is expressly prohibited. Any such misuse may constitute violation of state and federal civil and criminal laws and may result in civil and/or criminal prosecution.

Furthermore, without limiting other remedies, Company may immediately issue a warning and/or temporarily or indefinitely suspend or terminate, at its sole discretion, Your privilege to use and access the Site if You breach these Terms of Use Company reserves the right to deny access to the Site and/or any elements of the Site to any person at any time and for any reason.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT AUTHORIZED AND MAY NOT ACCESS OR UTILIZE THE SITE