Terms of Use

1. Acceptance of Terms

The following Terms of Use (“Terms”) constitute a legally binding agreement and made and entered into by and between you (hereinafter “You” or “User”) and Ideal Sports Performance, LLC (“Ideal Sports Performance”). (For purposes of these Terms, the words “You” or “User” are defined as the natural person or legal entity entering into the business relationship with Ideal Sports Performance, for the provision of Services by Ideal Sports Performance hereunder.) These Terms govern access to and use of the website, www.idealsportsperformance.com (the “Site”) by You along with any other related agreements, products or services offered or provided to You by Ideal Sports Performance, whether through the Site or otherwise (collectively and together with the Site, the “Services”).

Please read these Terms of Use carefully before browsing, accessing or otherwise using Services. By browsing, accessing or otherwise using Services, You accept and agree to be bound by these Terms. If You are browsing, accessing or otherwise using Services on behalf of an entity, You are accepting and agreeing to these Terms for that entity and are representing to Ideal Sports Performance that You have the authorization to bind that entity to these Terms (under this scenario “You” will be in reference to that entity). If You do not agree or meet the eligibility requirements for all of the Terms, You may not access or use the Services.

YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “I AGREE” OR SIMILAR BUTTON, REGISTERING FOR AN ACCOUNT, ACCESSING OR USING THE IDEAL SPORTS PERFORMANCE SYSTEM, OR DOWNLOADING THE APP OR ANY APP UPGRADES, IF ANY, AND USING THE APP (IF ANY) ON YOUR MOBILE DEVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE OR THE APP. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE IDEAL SPORTS PERFORMANCE SYSTEM.

These Terms are effective as of the date you first click “I agree” (or similar button or checkbox) or use or access the System, whichever is earlier. If you accept or agree to these Terms on behalf of your employer or another legal entity, you represent and warrant that (i) you have full legal authority to bind your employer or such entity to these Terms; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on behalf of the party that you represent. In such event, “you” and “your” will refer and apply to your employer or such other legal entity.

2. Use of Site and Services

As a User of the Site and Services, You agree to the following:

2.1. Medical Disclaimer. Ideal Sports Performance is not a licensed medical care provider. The information presented on the Site or through the associated Services is intended to assist You in your sports performance or fitness goals and is in no form a substitute for medical advice, guidance or counseling from a licensed medical care provider. Before participating in any sports performance, fitness, nutrition or any associated program or application of advice within the Services, you are encouraged to consult your physician to determine if the program or guidance is appropriate for You. Do not start any program or adhere to any consulting guidance within the Services if your physical or health care provider advises against it. Ideal Sports Performance does not make medical diagnoses or provide medical advice. Any information provided within the Services should not be interpreted as a substitute or alternative to a medical physicians diagnosis, evaluation, consultation, treatment or general good sense judgment. You agree that prior to starting anything provided to You within the Services or otherwise, You have consulted a medical physician and have received clearance to proceed with such activities or participation within those Services. You further agree to communicate openly and freely with Ideal Sports Performance regarding any reactions, pains, strains, stresses, or indicia of injury or illness immediately upon noticing or feeling same.

2.2. Assumption of Risk. Use of the Site, Services or otherwise provided by Ideal Sports Performance is at your own risk. You acknowledge that participation in sports, performance training or fitness training of any kind has inherent risk of injury, illness or in severe cases catastrophic injury or death. You unequivocally and voluntarily assume any and all risk and responsibility for the participation in the activities provided by the Services and the potential outcome of injury, illness or death due to any cause whatsoever regardless of whether the result was deemed to be an act of negligence or not. You certify that information provided within the Services could be misapplied by the User and You assume any and all risk, for which Ideal Sports Performance shall not be liable.

2.3. General Use. By accessing the Sites and selecting Services, You certify that You are legally capable of entering into binding contracts and that your participation with the Services does not violate any law or regulation.

2.4. Exclusive Use. You verify that your account is for You only. You may not authorize any other person or entity to use your account and You may not provide login information, assign or otherwise transfer your account to another person or entity. You acknowledge that Ideal Sports Performance is not responsible for third party access to your account that results from dissemination or misappropriation of your login information.

2.5. Information Provided. You certify that You are solely responsible for and assume all liability for information You submit through the Services. You agree and acknowledge that you assume all risk and responsibility for any information that is submitted or transmitted in any form either through a correspondence with Ideal Sports Performance, through the Services or with another User of Ideal Sports Performance.

2.6. No False Information. You will not provide inaccurate, misleading or false information to Ideal Sports Performance in any form of correspondence or posting within the Services provided. If information that was provided to Ideal Sports Performance becomes inaccurate, misleading or false, you will punctually notify Ideal Sports Performance of the change.

2.7. No Harassment. You will not harass, intimidate or threaten any Ideal Sports Performance representative that is in correspondence with You and providing any level of the Services to You. You will also not harass, intimidate or threaten another User of Ideal Sports Performance. Any violations by You of this provision may result in the immediate termination of your access to the Site or the Services.

2.8. No Advertising or Solicitation. You will not use anything from the Site or any information provided to You by the Services to advertise, solicit or sell to another User, potential User or other natural person or entity for Your, or anyone else’s benefit, to the detriment of Ideal Sports Performance. You will not advertise or promote yourself as a representative of Ideal Sports Performance without prior consent and written approval from Ideal Sports Performance. You also agree to not transmit any form of commercial solicitation in the form of chain letters, spam e-mail or otherwise through the Site or any Services provided by Ideal Sports Performance. The foregoing prohibition shall not extend to Your direct recommendation or referral of our Services to your friends, families, or colleagues.

2.9. Content Removal. Ideal Sports Performance reserves the right, but has no obligation, to remove any posting you make through any direct correspondence within the Services or in a public platform of the Site or Services that in the sole opinion of Ideal Sports Performance, violates, or potentially could violate, any applicable law or the spirit of these Terms, or is otherwise harmful, harassing, discriminatory, abusive or demeaning.

2.10. Violation Reporting. You agree to promptly report to Ideal Sports Performance any violation of these Terms by others including, but not limited to other Users.

3.1 Eligibility

3.1. User Restrictions. Ideal Sports Performance only permits natural persons who are 18 years of age or older, or the age of majority in your province, territory or country when one can legally agree to binding contracts to be a User and access the Site and Services. If under the age of 18, or the applicable age in the country deemed as a Minor (“Minor”), that person may utilize the Site and Services with the consent and full support of a parent, legal guardian or other qualified adult. If You are the parent, legal guardian or other qualified adult and You allow your Minor to access the Site and Services, You agree to be bound on behalf of and for the Minor’s use of the Site and Services as outlined in these Terms of Use. If a Minor does not have the requisite parent, legal guardian or qualified adult, that Minor is not authorized to access or use Services. The use of the Site and Services by a Minor is deemed as consent for a parent, legal guardian or qualified adult representing on their behalf to be bound by these Terms of Use. You are solely responsible for ensuring compliance with the laws, rules and regulations as it applies to You.

4. Intellectual Property

Ideal Sports Performance retains all rights, titles and interests in the Services, including and without limitation, all text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds (and audio features), images, software, exercise and instructional videos, designs, trademarks, logos, typefaces and other content (the “ISP Proprietary Materials”), in all forms, media and technologies now known and utilized and hereafter developed. You understand that the Services contain the ISP Proprietary Materials, and the ISP Propriety Materials by United States (and international) laws governing copyright, patents, trademarks and other proprietary rights. You agree that, except with written permission, using Services does not give you any ownership rights to any of the ISP Proprietary Materials and further, does not provide you the right to display, reproduce, distribute, download, store, transmit, disseminate or otherwise use, in any way, any of the ISP Proprietary Materials. Any and all unauthorized use of content or materials provided within the Site or Services by You or an associate of yours is strictly prohibited. The unauthorized use of ISP Proprietary Materials by You or any associate of yours may result in legal proceedings against You and may subject you to liability, including both monetary damages and injunctive relief. You agree that You do not acquire any ownership rights through the Site or Services under these Terms and that appropriate legal action may be taken for any illegal or unauthorized use of the ISP Proprietary Materials.

5. Communication

You agree that you have willingly and voluntarily provided your contact information, including, but not limited to, home telephone, cellular telephone, email address, or other methods of communication to Ideal Sports Performance. You further agree that Ideal Sports Performance may use any or all of your provided communication information to contact You directly, whether for purposes of providing the Services, marketing, development or otherwise. You hereby waive any rights or claims to improper communications (such as SPAM email, unsolicited text messages, or phone calls) regardless of any actions You have heretofore taken with regard to placing your phone numbers on any state or national Do Not Call Registry. Ideal Sports Performance will not sell or otherwise disclose your contact information to any third party for any reason.

6. Third Party Content

Third Party. The Services may include links to Third Party Websites (“Third Party Sites”) or other Third Party Resources (“Third Party Content”), which may or may not be obvious within the functioning of the Site or Services. Ideal Sports Performance inclusion of links or materials from Third Party Sites or Third Party Content does not serve as an endorsement of any information or service that is offered or provided. Ideal Sports Performance does not monitor Third Party Sites or Third Party Content for accuracy or appropriateness and is not responsible in any form for the information or performance of Third Party Sites or Third Party Content as it relates to the Services provided. Some Third Party Sites or Third Party Content could include, but is not limited to advertisers, and links to these resources are provided only as convenience and the inclusion of the resources does not imply an endorsement nor does Ideal Sports Performance accept any responsibility for that content. You understand that your correspondence or business dealings with a Third Party Site or Third Party Content, including, but not limited to payment and delivery of related products or service, is solely between you and such Third Party Site or Third Party Content. You agree that Ideal Sports Performance will not be responsible or liable for any loss or damage of any sort resulting from dealings with a Third Party Site or Third Party Content. You acknowledge that You use Third Party Sites and Third Party Content at your own risk and You are subject to the terms and conditions of use applicable to such sites and content.

7. Disclaimer of Warranty and Limitation on Liability.

THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IDEAL SPORTS PERFORMANCE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE IDEAL SPORTS PERFORMANCE SITE OR SERVICES OR THE CONTENT OF ANY SITES LINKED TO THE IDEAL SPORTS PERFORMANCE SITE OR SERVICES, AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE IDEAL SPORTS PERFORMANCE SITE OR SERVICES; (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.

IDEAL SPORTS PERFORMANCE DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED ON THE IDEAL SPORTS PERFORMANCE SITE OR SERVICES.

UNDER NO CIRCUMSTANCES WILL IDEAL SPORTS PERFORMANCE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY IDEAL SPORTS PERFORMANCE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE IDEAL SPORTS PERFORMANCE SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT IDEAL SPORTS PERFORMANCE IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LOWER OF: (I) THE TOTAL FEES PAID BY YOU TO IDEAL SPORTS PERFORMANCE DURING THE SIX MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE; OR (II) ONE HUNDRED DOLLARS ($100), TO THE EXTENT PERMITTED BY APPLICABLE LAW.

8. Indemnification

You agree to indemnify, defend and hold harmless Ideal Sports Performance, LLC, its directors, officers, employees, agents, third parties, associates, assignees, licensors and service providers (the “Indemnified Parties”), for any losses, cost, liabilities, expenses, judgments, claims or demands, including reasonable attorneys’ fees, relating to or arising out of: (i) You violating the Terms of Use of the Services or any information obtained through the Services; (ii) your inability to use the services; (iii) claims resulting from death, personal injury, partial or permanent disability, food allergen, property damage or financial losses; (iv) and any violation of applicable laws and regulations. You acknowledge these Terms will be binding upon your heirs, successors, assignees and personal representatives. You hereby agree that you suffer from no physical harm or mental condition that would impair your ability to fully participate and abide by these Terms. You also agree to indemnify the Indemnified Parties for any liabilities resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or loan on our infrastructure. Ideal Sports Performance reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Ideal Sports Performance.

9. Force Majeure

Ideal Sports Performance makes a full commitment to honor the outlined Services to fullest extent possible. However, in the event that circumstances outside of our reasonable control are present, Ideal Sports Performance will not be liable or responsible for the failure to perform our obligations and Services to You. Events outside of our reasonable control, include but are not limited to, electronic issues or failures, communication disruptions, restraints or delays in obtaining essential supplies, electronic or connection failures by You, labor disputes, safety, health or personal issues of Ideal Sport Performance personnel performing Services, Acts of God, global or national emergencies. Under these circumstances, Ideal Sports Performance will present a modified compensation plan in relation to the Services, if You do not agree to the modified plan, You will be reimbursed for any already paid, but unused Services and reimbursed on a pro-rated basis for any already paid and partially used Services.

10. Term and Termination

You acknowledge that by using this Site and participating in Services, you signify your acceptance of this policy and Terms of Use. These Terms become effective upon your use of the Site and Services, which will be deemed as consent, and will remain in effect in perpetuity unless terminated hereunder. You or Ideal Sports Performance may terminate your User status at any time, for any or no reason, without explanation, effective upon sending written notice to the opposite party. In the event of termination by You, fees already paid for Services that have been provided will be nonrefundable, but additional charges will cease in correspondence with your termination. In the event of termination by Ideal Sports Performance, fees already paid will be reimbursed in full for unused Services or refunded on a pro-rated basis for partially used Services. Ideal Sports Performance reserves the right to immediately suspend User status in breach of these Terms and under those conditions all paid fees will be nonrefundable and outstanding payments will immediately be due.

11. Applicable Law

These Terms and any Services provided by Ideal Sports Performance, LLC shall be governed by the laws of the State of Florida, without regard to choice of law principles. You acknowledge that any violation of these Terms may cause Ideal Sports Performance irreparable harm and thus, agree that Ideal Sports Performance is entitled to seek extraordinary relief in court.

12. Privacy Policy

Ideal Sports Performance highly values and respects your privacy. By accessing the Site and/or using Services, you hereby accept the practices set forth and the applicable Terms related to Privacy.

12.1. Confidential. All information provided by You, will be treated as exclusively confidential. Ideal Sports Performance affirms and acknowledges that personal and confidential information may be exchanged as it relates, to health, previous physical activity history and otherwise. Ideal Sports Performance certifies that any and all of this information will remain confidential and be utilized only to effectively accommodate Services for You. Under no circumstances will Ideal Sports Performance share this information with any third party or outside source. This confidential information will remain private and strictly between you and Ideal Sports Performance under these Terms.

12.2. Purchase Information. To process orders, Ideal Sports Performance may require your name, address (mailing and/or shipping), phone number, e-mail address and credit card information. This information is used primarily to successfully process your order or otherwise related matters.
12.3. Communication. All communication between You and Ideal Sports Performance will be professional in nature. Correspondences may occur via modalities, including, but not limited to, e-mail, telephone, texts, video chats, in-App messaging systems and in-Site messaging systems. All forms of communication are voluntary and only help further the quality of Services provided. Any and all confidential contact information provided by You to Ideal Sports Performance, including, but not limited to e-mail address, telephone number and social media accounts will be kept confidential and in accordance with the confidentiality section under these Terms.

12.4. Disclosure by Law. You acknowledge that Ideal Sports Performance may provide information if required to do so by law for reasons including, but not limited to, compliance with the law or court orders, best interest of health and safety of You or the community at large; or to defend Ideal Sports Performance or a third parties rights or property.

12.5. Third Party or Other Sites and Links. Ideal Sports Performance is not responsible for the privacy practices of other websites or content providers linked to this Site or serving as a Third Party.

12.6. Acceptance. By using the Site and Services, You agree to the privacy practices under these Terms. Ideal Sports Performance reserves the right to modify the privacy policy at any time. If modifications are made, you will be notified here under these Terms of updated revision date will appear in this section.

13. Changes of Terms

Ideal Sports Performance reserves the right to update or change these Terms at its sole discretion and at any time, with or without notice. The continued access or use of the Site or Services by you will constitute your acceptance of such revisions. Please reference the end of these Terms to determine when the Terms were last revised.

Ideal Sports Performance may offer additional products or services or revise the pricing, at its discretion and these Terms will apply to all additional products or services or revised pricing. Ideal Sports Performance also reserves the right to cease offering of any Services.

No Agency; No Employment
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
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14. General Provisions

Failure by Ideal Sports Performance to enforce any provision(s) of these Terms will not be construed as a waiver of any provision or right. These Terms constitute the complete and exclusive agreement between You and Ideal Sports Performance with respect to its subject matter, and supersedes and governs any and all prior agreements or communications. The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (i) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (ii) if such provision cannot be so modified or restructured, it shall be excised from these Terms without affecting the validity, legality or enforceability of any of the remaining provisions. These Terms may not be assigned or transferred by You without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (1) to a parent or subsidiary, (2) to an acquirer of assets, or (3) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. These Terms will inure to the benefit of Ideal Sports Performance, its successors and assigns.

15. No Rights of Third Parties

Nothing in these Terms shall be are enforceable by any persons who are not a party hereto.

16. Notices and Consent to Receive Notices Electronically

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms refers electronically including without limitation by e-mail or by posting Notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in these Terms, all notices hereunder will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by a recognized overnight delivery service.

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17. Contacting Us

If you have any questions about these Terms or about the Services provided by Ideal Sports Performance, please contact us by email at [email protected].

Revision Date

October 7, 2020.