November 30, 2017
Welcome to o2x.com, our site, a site available via the Internet to the general public (the “Site”). This Site provides certain information and content relating to CGLM, LLC (DE), dba O2X (hereinafter “O2X”or “Company”), or its affiliates’ business and may include access to human performance training and education, information, and content. The Site and its information and contents and related services are owned by either O2X or its affiliate (as applicable to a specific entity, “Company”). These are the terms and conditions that govern your (“You”, “Your” or “User”) use of the Site.
By accessing and/or using the Site, or otherwise availing Yourself of the services and information and content offered through the Site, You agree to be bound by this Terms of Service (hereinafter “T.O.S.”) in effect at the time of each such access or other use of the Site. This T.O.S. applies to You and all other users of this Site, regardless of whether they are members or merely visitors, and applies to any and all entities or persons on whose behalf any User acts.
You acknowledge that Company may, from time to time, and in its sole discretion and without notification to You, modify this T.O.S.. Your access and/or use of this Site indicates Your agreement to be governed by this T.O.S.. It is Your responsibility to apprise Yourself of any revisions or modifications each time you visit or use the Site. If You do not so agree, You are not authorized to access or use the Site in any manner.
Company is the provider of access to the Site, which may contain customized human performance information, in addition to details related to our various product and service offerings. Company has created the Site to provide Users with online access to this information, products and services. The products, services, features and information that a User may avail himself/herself of via the Site are collectively referred to as the “Services.”
II. TERMS AND CONDITIONS
A. USER TO PROVIDE INTERNET ACCESS
In order to access the Site and/or use the Services, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, You must provide all equipment necessary to make such connection to the World Wide Web.
B. SITE INTENDED FOR ADULTS
Unless you have express permission from your parent(s) and/or guardian, You must be 18 years old or older to access, purchase from, or otherwise use any Services via the Site. No one under 13 years old is permitted to use or access the Site.
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.
D. 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 this T.O.S. 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 this T.O.S. Any unauthorized use terminates the permission or license granted by Company in relation to the Site immediately. If applicable, You are responsible for maintaining the confidentiality of Your account 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.
E. LINKING (TO & FROM) THE SITE; ADVERTISERS
Company may, from time to time, provide via the Site, links to other Sites or resources and/or advertisements or other such promotional materials for third-parties. Because Company has no control over the content of linked-to sites or the quality of the goods or services offered via these linked-to sites, User acknowledges and agrees that Company is not responsible for and does not guarantee or endorse: (a) the availability of linked-to sites or resources; (b) the accuracy, value, or completeness of any content available at or through the linked-to sites; or (c) the goods or services offered via these third-party sites.
Accordingly, User acknowledges and agrees that Company shall not be responsible or liable to User in any manner, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content of any linked-to Sites and/or the quality of any goods or services offered by or through any linked-to third-party site.
G. PROHIBITION AGAINST HARMFUL TRANSMISSIONS & APPROPRIATE USE OF SITE
You, as a User, agree 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.
H. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; RISK OF LOSS
- WARRANTIES DISCLAIMEDNEITHER 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 LIABILITYTO 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 & REFUNDSSome Services purchased from the Site are made pursuant to a shipment contract. The risk of loss and title for such Services passes to You upon delivery to Company’s carrier. Company does not take title to any returned items until the item arrives at our fulfillment center. Company may, in its sole discretion, issue a refund without requiring a return.
I. HEALTH DISCLAIMER
This Site may provide human performance (conditioning, nutrition, sleep hygiene, stress management, and resilience training) and other related information, applications, and content. If so, then it is intended only to assist users 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 physician consultation, evaluation, treatment, or good sense and personal judgment about one’s own condition.
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.
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.
In the event that one or more of the words, phrases, sentences, clauses, sections, subdivisions or subparagraphs contained herein shall be held invalid, this T.O.S. 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.).
L. ENTIRE AGREEMENT
This T.O.S. sets forth and contains 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. This T.O.S. supersedes all previous communications, representations, or agreements, either verbal or written, between and among the parties with respect to the subject matter hereof.
M. CHOICE OF LAW
This T.O.S., and any disputes arising from, relating to, or touching upon the T.O.S. and/or the subject-matter hereof, shall be construed under and governed by the law 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 said Commonwealth.
N. VENUE; PERSONAL JURISDICTION; SERVICE OF PROCESS
Any dispute arising out of, concerning, or relating to this T.O.S. or the subject-matter hereof, shall exclusively be brought, if at all, only in the courts located in said Commonwealth. 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 said Commonwealth 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.
O. 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.
The waiver by one party of a breach of any provision of this T.O.S. 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.
Q. 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.
Please direct all inquiries and other communications relating to the Site and/or the Services to:
1147 Hancock Street, Suite 223
Quincy, MA 02169
Attention: Craig J. Coffey, General Counsel
S. 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.
T. 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 Your privilege to use and access the Site if You: (1) breach this T.O.S.; and/or (2) take actions that Company believes may result in legal liability for You, for It, or for other Site users. 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, as allowed by law.
IF YOU DO NOT AGREE TO THE TERMS SET FORTH ABOVE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SITE IN ANY WAY – AND ARE, THEREBY, PROHIBITED FROM ACCESSING THIS SITE. YOU MUST EXIT THE SITE IMMEDIATELY.