ONLINE PROGRESSIVE THERAPY TERMS & CONDITIONS & PRIVACY

Thank you for choosing to use Online Progressive Therapy web based wellness methods and tools brought to you by Online Progressive Therapy, LLC (hereafter interchangeably “OPT”)! We are currently located on the Internet at https://www.optwellness.org. By using any of the above websites and its services (hereinafter “Website”), you hereby agree to the Terms And Conditions stated below. A copy of these Terms And Conditions are available at the Website. The Website reserves the right to update and change this agreement from time to time without notice. Any new features that augment or enhance the Website, including the release of new tools and resources, shall be subject to this agreement. Continued use of the Website after any such changes shall constitute your consent to such changes. You can review the most current version of this agreement at any time at https://www.optwellness.org/terms These Terms and Conditions have an arbitration clause at the end of this document which affects your rights about disputes.

You the user(s) agree that you are either 18 years of age or older and have the capacity to enter into these Terms And Conditions, or else you agree that you have authorization from a guardian adult supervising you at the time of using the Website (referred to hereinafter as “you or You”). OPT recommends its users NOT access the Website on public or unsecured networks and/or computers.

International Users:

The Website is operated and administered by OPT from our offices within the United States of America. If you access the Website outside the USA, you are responsible for compliance with all local laws. You agree that you will not use any materials on the Website through unsecured networks and/or computers in any country or in any applicable laws, restrictions, or regulations. The name “OPT” is a federal mark pending registration and/or is registered in the U.S. Patent and Trademark Office, which is exclusively owned by Online Progressive Therapy, LLC an Arizona limited liability company. All rights and interests in the Online Progressive Therapy and/or OPT name are reserved exclusively to Online Progressive Therapy, LLC. OPT hereby grants you limited access to the Website for the sole purpose of viewing, listening, and interacting with the webpage to complete visual, physical, and cognitive games/ eexercises. Any use of the Website outside of its advertised functions is a violation of these

Terms & Conditions.

Adult Supervision Required Minors are not permitted to use the Website without guardian adult supervision. Guardian adult supervision means parental supervision where legal guardian or parent of Copyright © 2024 OPT minors are involved at monitoring minor’s activities and the suitability of the Website’s content. Prohibited Actions You hereby agree as follows: - I WILL NOT upload documents with illegal materials. - I WILL NOT modify, adapt, translate, or reverse engineer any portion of the Website. - I WILL NOT integrate and/or automate the Website into any third party application(s). - I WILL NOT collect information from the Website through automated means. - I WILL NOT upload malicious, files, codes, or viruses to/through the Website. - I WILL NOT facilitate, encourage or engage in any violations of these Terms And Conditions. - I WILL NOT use the Website to engage in or contribute to any illegal or illicit activity under the laws of the United States. - I WILL NOT copy any material and give to a non user to use on their own accord.

Payments

All fees are exclusive of taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. Payments made on the Website are processed via Stripe, Inc. and/or PayPal Holdings, Inc., payment services which allows the Website to accept and process credit card, debit card and other types of card payments from you. While the Website does not keep, collect, store or otherwise retain access to your payment information, you hereby consent to allow the Website to disclose any and all necessary customer payment information and data to Stripe and or PayPal which may collect, use, retain and disclose your data according to their terms and conditions, which can be found at https://stripe.com/terms and/or https://www.paypal.com/terms.

Refunds

Except as provided in this section, refunds will not be granted. You are given a preview of materials, videos, audio quality, and visual quality prior to purchase which can be found at https://optwellness/advertise.org The landing page, once you are signed in, https:// optwellness.org/index gives you the opportunity to preview types of video titles/descriptions, audio titles, brain game titles, and visual exercise titles without making a payment after you signup. You should use this to verify the material contained in the Website meets your needs before making a payment. As such, refunds will generally only be given due to a technical failure of our Website, PayPal payment process, or the Stripe payment process. The Website operates under a subscription based monthly service that may auto renew each month. It is the responsibility of you, the user, to stop the subscription through the company in which you purchase the subscription or contacting OPT if unable to successful stop payment through Stripe or PayPal.

Privacy

The Website does not sell any information to third parties. In order to process payment for a monthly subscription, OPT uses the services of PayPal and Stripe. Please read PayPal and/or Stripe privacy documents depending on which platform you, the user, use to process payment. The Website collects username, passwords, and email addresses stored in a database to allow a secure sign in for each user. Any financial information along with any personal information related to payment such as shipping address comes from Paypal and Stripe services to allow for the ability to purchase content on the website. OPT is not being paid by advertisements on the Website (OPT into Wellness website). OPT collects user information to allow full access to the functionality of our website and services. OPT makes every attempt to keep any user information secure to protect the user from any fraudulent activity. It is the user’s responsibility to contact OPT if any suspicious activity has occurred on their account. Please see “Contact OPT” section.

Warranties

Website may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Website. THE WEBSITE DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE FUNCTIONALITY OR RELIABILITY OF ITS SERVICES. SPECIFICALLY: - The Website DOES NOT WARRANT that it will meet your specific requirements. - The Website DOES NOT WARRANT that its services will function with all file type extensions or documents (i.e., encrypted, locked and/or corrupted PDFs will not be accepted). - The Website DOES NOT WARRANT that it will be uninterrupted, timely, or error-free. - The Website DOES NOT WARRANT that results of the Website will be accurate or reliable. - The Website DOES NOT WARRANT that errors in the service will be corrected.

Disclaimer

USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED Copyright © 2024 OPT TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.


OPT video, audio, games, visual and/or physical exercises and any other content on the Website is designed to help you perform useful therapy based exercises and is not liable for any injury, wrongful death, lost profits, or damages resulting from lost data or business interruption that may occur from inappropriately performing the given exercises or resulting from the use of the OPT website and content. If you experience any pain during an activity or exercise, stop immediately and consult your physician. It is you, the user(s), responsibility to consult his/her physician.

OPT makes no representations about the suitability of this content for each individual. OPT does not recommend or endorse any specific products, procedures, physicians, any third party content on site, or any other information that may be mentioned on the site and is not indicative of OPT’s opinion. Using the Website is solely at your own risk. Each individual user is responsible for taking steps to ensure that no unauthorized person shall have access to user’s account information including passwords, username, personal information, and financial information. The user is responsible for creating a secure, strong password and username and agrees to keep personal information confidential. Please utilize the “contact us” page either in your profile page or the link that is located in the footer to make any changes to your account or notify the company of any concerns. There is also a “password recovery” section on the login page to change or update your password. By agreeing to the terms and conditions, the user is granting all entities involved in the operation of the website the right to monitor, store, and transmit information for the use and functionality of the website content and services.

Indemnification

You agree to hold OPT and any of its affiliates harmless for any damages, losses, costs, including consequential damages resulting from your use of the Website, including any damages that may result from you permitting your name, likeness, or person to be captured in documents uploaded to the Website. You further agree that OPT, is not responsible for any actions taken by others. any dispute or claim relating in any way to your use of any OPT services, or to any products or services sold or distributed by OPT or through the Website will be resolved by binding arbitration, rather than in court.

Legal Notices

In accordance with 17 U.S.C. § 512(c) of the DMCA, OPT, Inc. has designated an agent to receive notifications of claimed infringement on the Website. To the extent you wish to send OPT, Inc. a notice of claimed infringement on the Website, please immediately send OPT, Inc. written notification of claimed infringement via certified mail return receipt to:

Remedy

Upon receipt of any notice of claim against the Website, OPT. will promptly investigate the claim and, in its discretion, to the extent it finds merit in the claim, the sole remedy you have under these Terms & Conditions is a refund of payment tendered for the single transaction in dispute.

Governing Law

These Terms And Conditions shall be construed and controlled by the laws of the State of Arizona, and you consent to exclusive jurisdiction and venue in the Arizona courts.

Attorney’s Fees

The prevailing party in any legal action arising out of, or related to these Terms And Conditions shall be entitled, in addition to any other rights and remedies it/he/she may have, to reimbursement for its/her/his expenses incurred in such action, including court costs and reasonable attorneys’ fees.

Acceptance of Terms Includes The Binding Arbitration Clause

You the user(s) agree to resolve any claims relating to these Terms through final and binding arbitration. You agree that disputes between you, the user, and OPT will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.

Contacting OPT

Please utilize the “contact us” page either in your profile page or the link that is located in the footer to make any changes to your account or notify the company of any concerns. There is also a “password recovery” section on the login page to change or update your password. OPT recommends changing your password at least every three months.

Copyright Notice

Any original content such as photographs, images, videos, and audio on the Website is the intellectual property of Online Progressive Therapy LLC and its partners. Any original content may not be duplicated for another user or non-user of the website without the companies permission.

Conclusion

Thank you for your cooperation and thank you for reading the Terms & Conditions document. Thank you for choosing OPT and we hope you find the material and content useful. Online Progressive Therapy LLC (OPT) Privacy Policy Section This privacy policy (“Policy”) will help you understand how OPT uses and protects the data you provide to us when you visit and use the Website (https://www.optwellness.org.). We reserve the right to change this policy at any given time. It is your responsibility to periodically check this privacy policy for any changes.
What User Data We Collect
When you, the user, visits the Website, OPT may collect the following data: • Users’s IP address • Username, Password, and email address
Why We Collect Data
OPT collects data to allow users to obtain individual sign in profiles. This allows users to update information without changing other user’s information. Allow a secure profile for each individual
Safeguarding and Securing Data
OPT is committed to securing your data and keeping it confidential. OPT has done all in its power to prevent data theft, unauthorized access, and disclosure of implemented software, which helps safeguard all information collected.
Our Sessions/Cookie Policy
The Website is built off sessions not cookies. Sessions are you used to collect data to identify you, the user, to allow for full functionality of the Website. Links to Other Websites

The Website does not contain links to outside parties once logged into user’s account. OPT’s advertisement page may contain external links. If clicked on these links, OPT is not responsible for your data and privacy protection. Visiting those websites is not governed by this privacy policy agreement. Please be sure to read the privacy policy documentation of external websites other than OPT’s Website.

Copyright Notice
Copyright © 2024 OPT

All original content such as photographs, exercises, games, videos, and audio on the OPT website is the intellectual property of Online Progressive Therapy LLC and its partners and may not be duplicated for another user or non-user of the website without the companies permission.

Thank you for your cooperation and reading the Privacy Policy document. Thank you for choosing OPT and we hope you find the material and content useful.