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Terms and Conditions

User Agreement

PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE AND/OR ACCESS TO OUR WEBSITE AND OTHER SERVICES AND PRODUCTS PROVIDED BY US.

By using our websites owned or operated by Optimal Living Solutions, LLC or our affiliates, mobile applications, coaching offerings and programs including content and coaching delivered through various coaching platforms that we utilize (“Coaching”), we provide you agree to the terms and conditions set forth in this User Agreement (this “Agreement”). The Website, and/or Mobile App, and/or Coaching, and/or Content, and/or Programs and/or all other products and/or Services, including those under the alias FitRehab, offered by Optimal Living Solutions, LLC currently and in the future in any combination (part, whole, or any combination) as applicable are herein collectively referred to as “Services”. 

We reserve the right, in our sole discretion, to change, modify, add or remove provisions of this Agreement at any time. You should check this Agreement periodically for changes. By using our Services after we post any changes to this Agreement or otherwise notify you of such changes, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to this Agreement, you should not use our Services and you should arrange to cancel your registered user account with us, as applicable.

1. Scope of Agreement

Unless we indicate otherwise, this Agreement applies to your use of the Websites and Mobile apps which are owned or operated by Optimal Living Solutions, LLC and our affiliates, including, without limitation, our website, mobile applications, and any other website and/or mobile app that we may own or operate currently or in the future and all of the Coaching and/or programs, content, products and/or Services that we may offer currently or in the future. For purposes of this Agreement, “affiliates” will mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, Optimal Living Solutions, LLC. "I” or “User(s)” or “me” or “client” or "my" or similar terms refer to you the User of our Services that we offer now or in the future. The parties agree as follows:

A.) Not a Substitute for Physician Care: Services provided by Optimal Living Solutions, LLC may not be interpreted as a substitute for physician consultation, evaluation, or treatment.  You, the User, acknowledges that Optimal Living Solutions, LLC has advised you to seek necessary and/or routine care from a physician.

 

B.) User Participation. To participate in the Services, User must meet all health criteria established by Optimal Living Solutions, LLC from time to time.  User’s participation may be terminated by Optimal Living Solutions, LLC at any time it determines that User does not meet such criteria. User may participate in the Services to the extent User desires, but Optimal Living Solutions, LLC reserves the right to terminate User’s participation if User does not demonstrate he or she is making a good faith effort, in the sole discretion of Optimal Living Solutions, LLC, to benefit from the Services.

C.) No Guarantee of Results: You understand that Optimal Living Solutions, LLC makes no guarantees with regard to the amount of weight you may lose or gain or the rate at which such weight loss or weight gain will occur or the results that you will experience or achieve.

2. Use of our Website and Services

Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display our Website and Mobile App and the material provided hereon, and the Coaching and/or Services that you subscribed to, for your personal, noncommercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a registered user of, or subscriber to, our Services. You understand that only you may use your user account and password and that your subscription to our Services is only valid for your personal, noncommercial use and may not be shared with others. You agree to be financially responsible for all usage or activity of our Website, Mobile App, Coaching, and/or Services subscribed to by you. To subscribe to Coaching and/or Services, you represent that you are a United States citizen or resident with a valid United States mailing address and that you are eighteen years or older and have the right, capacity and authority to enter into and abide by these Terms and Conditions.

By using our Services you agree to be legally bound and to abide by this Agreement, just as if you had signed this Agreement. If you do not comply with this Agreement at any time, we reserve the right to cancel or terminate your password, user account, and/or access to our Services. In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Services, including, but not limited to, (i) restricting the time the Website, Mobile App and/or Services is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Services. You agree that any termination or cancellation of your access to, or use of, the Services may be effected without prior notice. If you do not abide by the terms of this Agreement, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, our Website (or any part thereof), our Mobile App (or any part thereof) and/or Services.

Further, you agree that we will not be liable to you or any third party for any termination or cancellation of your access to, or use of, our Services, except for a refund of any fees or charges prepaid by you with respect to Services in accordance with Section 4 of this Agreement. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us pursuant to this provision or this Agreement, or any policies or practices by us in providing our Services including without limitation any change in content or any change in the amount or type of fees or charges associated with the Services, is to cancel or terminate your subscription or registered user account, as applicable.

3. Charges and Fees for Services (If Applicable)

Certain portions, components, content and features of our Website and/or Mobile App may only be available to individuals who purchase a subscription to our Services. As a subscriber to our Services, you agree as follows:

A. You agree to pay, using a valid credit or debit card (or other form of payment which we may accept from time to time), the fixed and periodic charges set forth on our Website, applicable taxes, and other charges and fees incurred in order to access our Services. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on our Website or such other means as we may deem appropriate from time to time (including electronic mail). We will automatically charge your credit card or other account at the start of your selected billing period (i.e. monthly, quarterly, annually), unless you terminate or cancel your subscription before the relevant billing period begins. Each time you use our Services you reaffirm your agreement that we may charge your credit card (or other form of payment, if applicable). In the event we cannot charge your account, we reserve the right to terminate your access to our Services.

B. In addition to the fees and charges set forth above, you are responsible for all charges and fees associated with connecting to and using our Services including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Services.

C. For purposes of your use of our Services including identification and billing, you agree to provide us with true, accurate and complete information as required by the subscription or sign up process to the Services (“Subscription Data”), including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide, communicating with you, and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data and any other information you provide to us to keep it accurate. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of our Services. You are obligated to check to ensure that your Subscription Data is current and accurate, and, if not, to correct or update your Subscription Data including your billing information with us. You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on our Website and/or Mobile App and/or Coaching and/or E-Newsletter. If your registration or subscription is revoked for any reason, you agree not to register or subscribe again with our Services using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under this Subscription Agreement or by law.

D. You are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password or credit card information. In the event of a breach of security by you, you will remain liable for any unauthorized use of your subscription until you update your Subscription Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, update your payment information. If you have questions related to billing and payment then please send an email to admin@olsolutionsonline.com. You are entirely responsible for any and all activities which occur under your user account. You are responsible for paying any amounts billed to your credit card by a third party which were not authorized by you.

E. You agree that all fees and charges assessed by us are nonrefundable. If your cancellation of your subscription to our Services is due to your failure to satisfy limitations we set based on demographic, geographic, health or other similar criteria prior to the end of a period for which you have incurred a charge, with the exception of any fixed upfront fee (such as the Sign Up Fee), we will refund any unused portion of such period in accordance with the refund policy we have in effect at such time. If we cancel or terminate your subscription to our Services (as opposed to you canceling your subscription) prior to the end of a period for which you have incurred a charge, with the exception of any fixed upfront fee (such as the Sign Up Fee), we will refund any unused portion of such period on a pro rata basis.

4. Cancellation of Subscription

You understand that certain Services will automatically renew every month and that either you or Optimal Living Solutions, LLC may terminate or cancel your subscription to Services at any time. You understand and agree that the cancellation or termination of your subscription is your sole right and remedy with respect to any dispute with us including, without limitation, any dispute related to, or arising out of: (i) any terms of this Agreement or our enforcement or application of this Agreement; (ii) any practice or policy of Optimal Living Solutions, LLC or our enforcement or application of these policies; (iii) the content available through our Website and/or Mobile App and/or Services or any change in content provided through the Website and/or Mobile App and/or Services; (iv) your ability to access and/or use our Website, Mobile App, and/or Services; or (v) the amount or types of our fees or charges, surcharges, applicable taxes, or billing methods, or any change to our fees or charges, applicable taxes, or billing methods. Upon cancellation or termination of your subscription to Mobile App and/or Services, you may retain access to your user account and all related information and/or files in your user account, our Website (or part thereof), our Mobile App (or part thereof) and/or Services, for the remainder of the billing period you paid for, unless reason for cancellation is related to section 3A, 3C, and/or 3D above for which circumstances Optimal Living Solutions, LLC reserves the right to terminate your access immediately.

You can cancel your subscription to Services by visiting your Member Portal on fitrehabonline.com, by contacting admin@olsolutionsonline.com, or by such other means as we may provide from time to time. We will attempt to process all cancellation requests within 72 business hours after we receive your request. If you cancel near the end of your billing period and are inadvertently charged for the next period’s fee, please send an email to admin@olsolutionsonline.com to have the charges reversed. If you use any of the Services you were charged for during that next period, you will not be entitled to a refund. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect, and such collected amounts are nonrefundable. If you have any questions, please email admin@olsolutionsonline.com.

5. Restriction on Use of Content

You acknowledge that our Website, and/or Mobile App, and/or Services contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Content”) that you may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on our Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of this Content either, in whole or in part. When Content is downloaded to your computer or mobile phone or other electronic device, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

6. Community Standards and Guidelines

You acknowledge that all Content and all information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials posted, emailed, or otherwise transmitted to or on our Website and/or Mobile App, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to our Website and/or Mobile App. We do not control the Postings posted, emailed or otherwise transmitted on our Website and/or Mobile App by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of our Website and Mobile App (as described below), you understand that by using our Website and/or Mobile App, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us or our affiliates), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through our Website and/or Mobile App. You agree not to use our Website and/or Mobile App (including any Community Platform) to:

  1. Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);

  2. Impersonate any person or entity, including, but not limited to, any user of our Website and/or Mobile App, a director, officer, employee, shareholder, agent or representative of Optimal Living Solutions, LLC, or our affiliates, or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Optimal Living Solutions, LLC, our affiliates or any other person or entity;

  3. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through our Website and/or Mobile App;

  4. Upload, post, email or otherwise transmit any Postings or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  5. Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;

  6. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;

  7. Upload, post, email or otherwise transmit any Postings or other materials 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 hardware or telecommunications equipment;

  8. Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of a Platform (or other portion of our Website) are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of our Website and/or Mobile App;

  9. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;

  10. “Stalk” or otherwise harass another user or employee of our Website, Mobile App and/or Coaching;

  11. Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Website and/or Mobile App, including user names or passwords; or

  12. Access or attempt to access another user’s account without his or her consent.

 

Your privilege to use our Services and contribute to discussions on the Community Platform (Group Chat) depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of our Website and/or Mobile App, take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or any part of this User Agreement, we may terminate, in our sole discretion, your use of, or participation in, any Community Platform. All Community Platform communications, including, but not limited to, chat, Group Chat, message board, blog, groups, and profile communications, are public and not private communications. User names, profile pictures are public and not private. Members of Group Chat or any other Community Platform are able to view your username, profile picture and posts. Therefore when you utilize the Mobile App your username, profile picture, comments on the Group Chat are not confidential and are public. We reserve the right to monitor some, all, or no areas of our Website and/or Mobile App (including any Community Platform, including Group Chat) for adherence to the community standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings in the Community Platform (including Group Chat), we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in any Community Platform (including Group Chat), nor do we endorse any such Postings. Although we reserve the right to remove, without notice, any Community Platform (including Group Chat) posting for any reason, we have no obligation to review Content prior to the Content’s posting or to delete Postings that you may find objectionable or offensive. We are not responsible for maintaining a copy of any material we remove from our Website and/or Mobile App, and we are not liable for any loss you incur in the event that Content you post or transmit to our Website and/or Mobile App is removed.

7. Links

This Agreement applies only to our Website and/or Mobile App, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.

 

8. Copywright

We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our sole discretion, terminate the rights of any user to use our Website and/or Mobile App (or any part thereof) who infringes the intellectual property rights of others.

9. Indemnification

You agree to indemnify, hold harmless and, at our option, defend us and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorney’s fees and expenses) arising from your improper use of our Website, our products, offerings, or Services, your violation of this Agreement, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.

10. Governing Law and Choice of Forum

This Agreement will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of our Services, Website, and/or Mobile App or this Agreement will be filed only in the state or federal courts located in Pinellas County in the State of Florida and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

11. Release of Liability

You acknowledge that your participation in Services rendered through Optimal Living Solutions, LLC is expressly conditioned on your agreement to each of the terms below. You acknowledge and agree as follows: 

    1. Physical exercise, sport, and recreational activities may cause injury. You understand that there is an inherent risk of injury when choosing to participate in any physical exercise, sport, wellness, and/or recreational activities. Your participation is a voluntary activity in all respects and you assume all risks of injury and illness that may result from such participation in any individual activities. 

    2. As the participant, you recognize and acknowledge that there are risks of physical injury and you agree to assume the full risk of any injuries (including death), damages, or loss which you may sustain as a result of participating in any and all activities arising out of, connected with, or in any way associated with wellness activities. You acknowledge that participation in these activities is voluntary.

    3. You, on behalf of yourself , do hereby fully release and discharge Optimal Living Solutions, LLC and their agents and employees (collectively, "Released Parties") from any and all liability, claims, and causes of action from injuries         or illness (including death), damages or loss which you may have or which may accrue to you on account of participation in suggested wellness activities. This is a complete and irrevocable release and waiver of liability. Specifically, and without limitation, you, on behalf of yourself, hereby release the Released Parties from any liability, claim, or cause of action arising out of the Released Parties’ negligence. You, on behalf of yourself covenant not to sue the Released Parties for any alleged liabilities, claims, or causes of action released hereunder.

    4. You further agree to indemnify and hold harmless and defend the Released Parties from any and all claims resulting from injuries or illness (including death), damages, or loss, including, but not limited to attorneys’ fees, sustained by you arising out of, connected with, or in any way associated with your participation in wellness activities.

    5. In the event of any emergency, you authorize the Released Parties to secure from any licensed hospital, physician and/or medical personnel any treatment deemed necessary for your immediate care and agree that you will be responsible for payment of any and all medical services rendered.

    6. You are advised to consult with a physician before you undertake any physical exercise program. Additionally, the information and reports generated by Optimal Living Solutions, LLC in providing the Services may not be interpreted as a substitute for physician consultation, evaluation, or treatment. You certify that you are in sufficient physical condition to properly participate in Services, including physical exercise; that you were cleared to start becoming more physically active by the Physical Activity Readiness Questionnaire and/or a physician; that you are knowledgeable about the proper use of any and the rules of any activities that you will participate in; and that you will carefully read the operating instructions for any equipment prior to use and will operate such equipment in strict accordance with instructions.

    7. You understand that Optimal Living Solutions, LLC makes no guarantees with regard to the amount of weight you may lose or gain or the rate at which such weight loss or weight gain will occur or the results that you will experience or achieve.

    8. You are 18 years old or older.

    9. You have read and fully understand this Acknowledgement and Release of Liability set forth above, including the permission to secure medical treatment and the release of all claims, including claims for the negligence of the Released Parties. 

12. Miscellaneous Terms

This Agreement may be modified only by our posting of changes to this Agreement on our Website and/or Mobile App, and/or Platform through which we provide our Services or by written agreement of both parties.

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