Terms of Service

Welcome to Optimal Performance Academy’s  (hereafter called “OPA”)website (the “Site”). Every visitor to the Site is bound by the Terms of Use, so please read them carefully. By accessing and browsing the Site, you accept, without limitation or qualification, all of the following terms and conditions.

We may at any time revise these Terms of Use without any notice by updating this posting. You are bound by any such revisions and should therefore review the Terms of Use every time you visit the Site. Your continued use of the Site following the posting of the revised Terms of Service means that you accept and agree to the revisions.

1. INTENTION OF THE SITE: This Site is intended to provide you with information about OPA and our services, programs, and events. This Site is intended exclusively for those that have reached the age of majority in the jurisdiction in which they reside (typically 18 as in the United States). By using this Site, you represent and warrant that you are of legal age to form a binding contract with OPA.

2. INTELLECTUAL PROPERTY (IP): All content on the Site, including, but not limited to, text, graphics, logos, audio clips, video clips, and computer software used to develop the Site (collectively the “Content”) was developed by us or derived from material supplied by us and other sources and is protected by United States trademark and copyright laws and international treaties, all rights reserved.

You may download one copy of the Content on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Except for that limited purpose, you may not copy, republish, upload, post, transmit, modify, or distribute the Content in any way or decompile, reverse engineer, or disassemble the Content. The use of any Content on any other site or networked computer environment is prohibited without our express written consent.

If you believe that the Content infringes on your copyright, please contact the following:
Nevada Registered Agent at 401 Ryland St. Ste 200-A Reno, NV, 89502, USA.

In your correspondence, please provide the following: (a) identification of the work that is allegedly infringed, (b) identification and location of the allegedly infringing material(s) on the Site, (c) your contact information, (d) 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 (e) a statement that the information contained in your correspondence 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.

3. PROHIBITED USES: You may use the Site only for lawful purposes and in accordance with the Terms of Use. You agree not to use the Site: (a) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to or from the United States or other countries), (b) to impersonate or attempt to impersonate OPA or any other entity or person, or (c) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm OPA or users of the Site or expose them to liability, or could disable, overburden, damage, or impair the Site.

4. LIMITATION OF LIABILITY AND REMEDIES:  All of the information and services provided to you directly or indirectly from the site are provided  “AS IS”  without warranty of any kind, either expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties otherwise implied by performance or usage of trade.  All warranties are expressly disclaimed.  You assume total and absolute responsibility and risk in accessing, using and browsing the site.  

OPA, it’s directors, officers, managers, employees, agents, suppliers, partners, and content providers do not warrant that the Site will be available or secure at any time or location, or that content or software used to operate the Site will be free from errors, defects, free of viruses, or other harmful components.  By accessing the Site, you are doing so AT YOUR OWN RISK.

We make no representation or warranty, expressed or implied, that information posted on the Site is complete or accurate.  We will not be liable to you or any other person, persons or entity for any reason as a result of inaccuracy, errors, delays, omissions, or lack of performance, as a result of the Site. 

To the fullest extent permissible, pursuant to applicable law, OPA, its directors, managers, officers, employees, and agents are not liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your accessing, using, or browsing the Site.  The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

5. LINKS: The Site may include links to third-party websites. We are not responsible for screening those websites and any link provided on the Site is for your enjoyment only. We do not guarantee the accuracy, completeness, or usefulness of any third-party website. Any opinions, advice, or other information framed by the Site or linked from the Site are those of the respective author only. We do not endorse any opinions expressed by or affiliated with third-party websites or any other content provided by third parties.

6. UPDATING AND MAINTAINING THE SITE: No one shall be entitled to claim that there is a duty to update any information or materials provided on the Site, to use care to protect the interests of the recipient, or to continue to maintain the Site. We reserve the right, in our sole discretion and without obligation, to improve or correct information on the Site and to withdraw the Site or any portion thereof.

7. INDEMNIFICATION: You agree to indemnify, defend and hold harmless, at your sole expense, OPAl, its officers, directors, employees, and agents from any claim, liability, loss, or action brought by a third party relating to your use of the Site or your breach of the Terms of Use.

8. TERMINATION OF TERMS OF USE: If you are dissatisfied with any content on the Site, or with any of these Terms of Use, your sole and exclusive remedy is to stop accessing the Site.

9. GENERAL PROVISIONS: The Site is controlled and operated by OPA from its offices in North Carolina, United States of America. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States.

The Terms of Use shall be governed by and construed in accordance with the laws of the State of Nevada without giving effect to any principles of conflicts of law. You agree that any action arising out of or in relation to your use of the Site or these Terms of Use shall be filed only in the appropriate Federal or state court in Nye County, Nevada, and you consent and submit to the personal jurisdiction of the Nevada courts to adjudicate any such action.

If any provision of the Terms of Use is determined to be invalid, that provision will be eliminated to the minimum extent necessary and the remainder of the Terms of Use shall continue in full force and effect. Our failure to exercise any right provided in this Terms of Use shall not be deemed a waiver of such right.

The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and OPA concerning the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.