Optimal Power Performance Website Terms and Conditions

Agreement between User and optimalpowerperformance.com.
Welcome to optimalpowerperformance.com (the “Website”) which is comprised of various web
pages operated by Optimal Power Performance LLC (hereinafter “the Company”). The Website
is offered to you conditioned on your acceptance without modification of the terms, conditions,
and notices contained herein (the “Terms”). Your use of the Website and services constitutes
your agreement to all such Terms. Please read these terms carefully and keep a copy of them for
your reference.

Electronic Communications
Visiting the Website or sending emails to optimalpowerperformance.com constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Website, satisfy any legal requirement that such communications be in
writing.

Children Under Eighteen
The Website does not knowingly collect, either online or offline, personal information from
persons under the age of eighteen. If you are under 18, you may use the Website only with
permission of a parent or guardian.
Course Details include:
Initial Custom Buildout, including a movement assessment, strength assessment, and
comprehensive throwing and/or hitting analysis (depending on position), strength and
conditioning, and nutrition guidance and meal plans.
Programming Waves generated based on your key dates such as competitive seasons, role,
academic breaks, exam weeks, etc. We do expect communication from athletes as dates change
often.
Dedicated Coaching Support:
Please remember that our programs are designed from scratch. Unlike almost every other
program in the industry, we tailor every aspect of training to the individual in front of us. We ask
that our athletes notify us when their throwing programs are coming to an end so we can
generate a new one ASAP.
This Website and its videos, documents and other associated content (hereinafter inclusively
referred to as “E-course”) has been produced by the Company. When you purchase our Ecourse, you agree to this Website Terms and Conditions of Use and Liability Waiver.
Our E-course and additional materials are protected under United States and foreign copyrights.
The copying, redistribution, use or publication by you of any of the content within our E-course
is strictly prohibited. Your purchase of our E-course does not grant you any ownership rights to

our E-course. Any breach of the terms of this agreement may result in termination of your
access to the E-course materials and legal action.
Our E-course may contain references or links to materials from third parties. Reference to any
third-party products, services, processes or other information, by trade name, trademark,
manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or
recommendation thereof, or any affiliation with us. We are not responsible for examining or
evaluating the content or accuracy and we do not warrant and will not have any liability or
responsibility for any third-party materials or websites, or for any other materials, products, or
services of third parties. We are not liable for any harm or damages related to the purchase or
use of goods, services, resources, content, or any other transactions made in connection with any
third-party websites or companies. Complaints, claims, concerns, or questions regarding thirdparty products should be directed to the third-party.
Any use of or access to our E-course by anyone under 18 years of age without a parent or
guardian’s permission, is unauthorized, unlicensed and in violation of these Terms of Use. By
purchasing our E-course, you represent and warrant that you are 18 years or older or have your
parent’s or guardian’s permission and that you agree to and to abide by all of the terms and
conditions of this Agreement. The Company has sole right and discretion to determine whether
to sell our E-course to any individual and may reject a purchase by any individual with or
without explanation.
We will respond quickly to claims of copyright infringement as found in our E-course or
additional materials, according to the terms of the Digital Millennium Copyright Act of 1998
(DMCA) as found under United States law (17 USC. § 512). If you believe any copyrights are
infringed by our E-course, please provide us with a written notice via mail, fax, or email that
contains the following information:
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of
the copyright interest;
(2) A description of the copyrighted work that you claim has been infringed;
(3) A description of where the material that you claim is infringing is located on our Website;
(4) Your address, telephone number, and email address;
(5) A statement by you that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; and
(6) A statement by you, made under penalty of perjury, that the above information in your Notice
is accurate and that you are the copyright owner or authorized to act on the copyright owner’s
behalf.
We are only required to respond to those notices that substantially comply with the above
requirements. We will investigate your claim and will notify you by the method of contact you
used to file your notice with us.
When you complete the purchase process, you will receive an email initiation and a password
that will allow you to access our Website(s). You agree to maintain the confidentiality of your
password and are fully responsible for all liability and damages resulting from your failure to
maintain that confidentiality and all activities that occur through the use of your password. You
agree to immediately notify us of any authorized use of your password or any other breach of
security.

THE CONTENT PROVIDED IN OUR E-COURSE AND ADDITIONAL MATERIALS ARE
PROVIDED “AS IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL
WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT
LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR
WEBWEBSITE AND CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR
OTHER LIMITATIONS. THE COMPANY, INCLUDING ALL OUR AFFILIATES, HAVE
NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBWEBSITE OR CONTENT.
THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC
RESULTS FROM USE OF OUR WEBWEBSITE OR CONTENT. THE COMPANY DOES
NOT REPRESENT OR WARRANT THAT OUR CONTENT OR OUR SERVICES FOUND
WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR
THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND
DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED
SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR
LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO
OUR CONTENT AND SERVICES IS DISCLAIMED. WITHOUT LIMITING THE
FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR
OTHERWISE OBTAIN CONTENT THROUGH OUR WEBWEBSITE, GOOGLE
CLASSROOM, OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE
DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND
THAT MAY RESULT.
IN NO EVENT WILL THE COMPANY, ITS EMPLOYEES, CONTRACTORS, VENDORS,
AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE
DAMAGES ARISING FROM YOUR USE OR MISUSE OF THIS WEBSITE WHETHER
SUCH DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, EQUITY, STATUTE OR
BY WAY OF ANY OTHER LEGAL THEORY REGARDLESS OF WHETHER SUCH
DAMAGES COULD HAVE BEEN FORESEEN. NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, THE COMPANY’s LIABILITY TO YOU FOR
ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION,
WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US
FOR YOUR USE OF THIS WEBSITE AND ADDITIONAL CONTENT WE PROVIDE
PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
This Website Terms and Conditions Agreement shall be governed and construed in accordance
with applicable federal law and the substantive laws of Arizona without giving effect to the
principles of conflict of laws. Any cause of action by you with respect to our Website or Content
must be instituted within one (1) year after the cause of action arose or be forever waived and
barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be
construed consistent with applicable law and the remaining portions shall remain in full force
and effect.
To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement
shall take precedence. The Company’s failure to enforce any provision of this Agreement shall

not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights
under this Agreement shall survive any termination of this Agreement.
Links to Third Party Websites/Third Party Services
Optimalpowerperformance.com may contain links to other Websites (“Linked Websites”). The
Linked Websites are not under the control of the Company is not responsible for the contents of
any Linked Website, including without limitation any link contained in a Linked Website, or any
changes or updates to a Linked Website. The Company is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by the Company of the
Website or any association with its operators.

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use this
Website and coaching strictly in accordance with these terms of use. As a condition of your use
of the Website, you warrant to the Company that you will not use the Website for any purpose
that is unlawful or prohibited by these Terms. You may not use the Website in any manner which
could damage, disable, overburden, or impair the Website or interfere with any other party’s use
and enjoyment of the Website. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or provided for through the
Website.

All content included as part of the services provided by the Company, such as text, graphics,
logos, images, coaching methods, as well as the compilation thereof, and any software used on
the Website, is the property of the Company or its suppliers and protected by copyright and other
laws that protect intellectual property and proprietary rights. You agree to observe and abide by
all copyright and other proprietary notices, legends or other restrictions contained in any such
content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the
Website. The Company’s content is not for resale. Your use of the Website does not entitle you
to make any unauthorized use of any protected content, and in particular you will not delete or
alter any proprietary rights or attribution notices in any content. You will use protected content
solely for your personal use and will make no other use of the content without the express
written permission of the Company and the copyright owner. You agree that you do not acquire
any ownership rights in any protected content. We do not grant you any licenses, express or
implied, to the intellectual property of the Company or our licensors except as expressly
authorized by these Terms.
Your use of the Website and/or the Company’s services authorizes and grants an irrevocable
license to the Company to use your image, photo, likeness, voice, training information and data
for marketing purposes and player development services without limitation or compensation.

Confidentiality
The User may not disclose confidential and proprietary information regarding this Website or the
coaching to any third party. “Confidential Information” means:
(a) information relating to the Website or the Company, including products, computer programs,
coaching methods, specifications, manuals, software, analyses, strategies, marketing plans,
business plans, and other confidential information, whether provided orally, in writing, or by any
other media, that was or will be:
(i) provided or shown to the User; or
(ii) obtained by the User from use of this Website or services or products received by the
Company, property of, or communications from the Company or this Website; and (b) all notes,
analyses, compilations, studies, summaries, and other material, whether provided orally, in
writing, or by any other media, that contain or are based on all or part of the information
described in subsection (a) (the “Derivative Materials”).
The Company’s failure to identify information as Confidential Information is
not an acknowledgment or admission by the Company that that information is not confidential,
and is not a waiver by The Company of any of its rights with respect to that information.
Obligation to Maintain Confidentiality
(a) Confidentiality. The User shall ensure that he or she keep the Confidential Information
confidential. Except as otherwise required by law, the User may not:
(i) disclose any Confidential Information to any person or entity other than:
with the Company’s prior written authorization; or
(ii) use the Confidential Information for any purposes other than those contemplated by this
agreement.
(b) No Reverse Engineering. The User may not reverse engineer, disassemble, or decompile
any prototypes, software, or other tangible objects that embody the Confidential Information and
that are provided to the User under this agreement.
(c) Term. The User shall maintain the confidentiality and security of the Confidential
Information until the earlier of: (i) such time as all Confidential Information disclosed under this
agreement becomes publicly known and is made generally available through no action or
inaction of the User. However, to the extent that the Company has disclosed information to the
User that constitutes a trade secret under law, the User shall protect that trade secret for as
long as the information qualifies as a trade secret.
If the Company requests, the User shall promptly (and no later than 15 days after the request):
(a) return all Confidential Information to the Company; and
(b) destroy all the Confidential information and within 15 days of this destruction, provide a
written certificate to the Company confirming this destruction.
The parties shall keep the existence of this agreement, and the transactions or discussions
contemplated by this agreement, strictly confidential, except as required by law and except as the
parties otherwise may agree in writing before a disclosure.
International Users
The Service is controlled, operated and administered by the Company from our offices within the
USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the Company’s Content accessed

through this Website in any country or in any manner prohibited by any applicable laws,
restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless the Company, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Website
or services provided by the Company, any user postings made by you, your violation of any
terms of this Agreement or your violation of any rights of a third party, or your violation of any
applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume
the exclusive defense and control of any matter otherwise subject to indemnification by you, in
which event you will fully cooperate with the Company in asserting any available defenses.

Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a
single neutral arbitrator and administered by the American Arbitration Association, or a similar
arbitration service in the State of Arizona. The arbitrator’s award shall be final, and judgment
may be entered upon it in any court having jurisdiction. In the event that any legal or equitable
action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the
prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties
agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any
disputes arising as a result of these Terms and Conditions, whether directly or indirectly,
including Tort claims that are a result of these Terms and Conditions. The parties agree that the
Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire
dispute, including the scope and enforceability of this arbitration provision shall be determined
by the Arbitrator. This arbitration provision shall survive the termination of these Terms and
Conditions.

Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Company agree otherwise, the arbitrator may not
consolidate more than one person’s claims, and may not otherwise preside over any form of a
representative or class proceeding.

Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE

INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.

THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT
WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR
INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE
WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF
YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBWWEBSITE, OR WITH
ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE WEBSITE.

Termination/Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to the Website
and the related services or any portion thereof at any time, without notice. To the maximum
extent permitted by law, this agreement is governed by the laws of the State of Arizona, and you
hereby consent to the exclusive jurisdiction and venue of courts in Arizona in all disputes arising
out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction
that does not give effect to all provisions of these Terms, including, without limitation, this
section.

You agree that no joint venture, partnership, employment, or agency relationship exists between
you and The Company as a result of this Agreement or use of the Website or the Company’s
services. The Company’s performance of this agreement is subject to existing laws and legal

process, and nothing contained in this agreement is in derogation of The Company’s right to
comply with governmental, court and law enforcement requests or requirements relating to your
use of the Website or information provided to or gathered by The Company with respect to such
use. If any part of this agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and liability limitations set
forth above, then the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the
user and The Company with respect to the Website and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written, between
the user and The Company with respect to the Website. A printed version of this agreement and
of any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and maintained in
printed form. It is the express wish to the parties that this agreement and all related documents be
written in English.
Changes to Terms
The Company reserves the right, in its sole discretion, to change the Terms under which
optimalpowerperformance.com is offered. The most current version of the Terms will supersede
all previous versions. The Company encourages you to periodically review the Terms to stay
informed of our updates