TERMS OF SERVICE AGREEMENT

Effective Date: February 1, 2025

Website: https://www.imoptimized.com

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING OUR WEBSITE, SERVICES, PROGRAMS, CONTENT, OR PRODUCTS, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND ALL POLICIES INCORPORATED BY REFERENCE, INCLUDING OUR PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE OUR SERVICES.


1. ACCEPTANCE OF TERMS

This Terms of Service Agreement (the "Agreement" or "TOS") is a legally binding agreement between you and Optimized, LLC ("Optimized," "we," "us," or "our"). These Terms govern your access to and use of our website, applications, digital platforms, programs, content, coaching services, and any related services (collectively, the "Services"). By using the Services, you confirm that you are at least 18 years old and legally able to enter into this Agreement.


2. COMPANY INFORMATION

Optimized, LLC
2255 Sheridan Blvd, C-110
Edgewater, CO 80214, United States
Phone: (720) 579-1169 | (202) 568-3006
Email: [email protected]


3. DESCRIPTION OF SERVICES

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The Services provided by Optimized, LLC include educational content, health and fitness coaching, performance optimization resources, digital programs, consultations, and related materials. All content is provided for educational and informational purposes only and is not medical advice.

We reserve the right to modify, update, suspend, or discontinue any aspect of the Services at any time without liability.

All Services are provided on an "AS IS" and "AS AVAILABLE" basis.


4. REGISTRATION AND ACCOUNT RESPONSIBILITIES

To access certain Services, you may be required to create an account. You agree to:

Provide accurate, current, and complete information

Maintain and update your information as necessary

Keep your login credentials confidential

You are solely responsible for all activity that occurs under your account. Notify us immediately of any unauthorized use.


5. PRIVACY POLICY

Your use of the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by reference. By using the Services, you consent to the collection and use of information as described in the Privacy Policy.


6. USER CONDUCT

You agree not to use the Services for any unlawful, harmful, abusive, harassing, defamatory, obscene, fraudulent, or infringing purpose, including but not limited to:

- Violating any laws or regulations

- Infringing intellectual property rights

- Uploading malware or malicious code

- Sending spam or unauthorized advertising

- Harassing or impersonating others

- We reserve the right to remove content or terminate accounts that violate these Terms.


7. INTELLECTUAL PROPERTY

All content, trademarks, logos, programs, and materials provided by Optimized, LLC are the exclusive property of Optimized, LLC and are protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial use only.


8. PAYMENTS AND REFUNDS

Fees for paid Services are disclosed at the time of purchase. All payments are processed by third-party processors. Refunds, if any, are governed by the specific refund policy associated with the product or service purchased.


9. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE RESULTS FROM THE USE OF OUR SERVICES.


10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPTIMIZED, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.


11. TERMINATION

We may suspend or terminate your access to the Services at any time, with or without notice, for any violation of these Terms or for any other reason at our sole discretion. Upon termination, your right to use the Services immediately ceases.


12. THIRD-PARTY LINKS

Our Services may contain links to third-party websites. We are not responsible for the content, policies, or practices of third-party sites.


13. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflict of law principles.

Any disputes shall be resolved exclusively in the state or federal courts located in Colorado.


14. SEVERABILITY

If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect.


15. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and Optimized, LLC regarding the Services and supersedes all prior agreements.


16. CONTACT INFORMATION

If you have any questions about these Terms of Service, please contact:

Optimized, LLC
2255 Sheridan Blvd, C-110
Edgewater, CO 80214
United States
Email: [email protected]


By using our Services, you acknowledge that you have read, understood, and agreed to these Terms of Service.