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OP2 LABS / FROG FUEL / PROT GOLD PRIVACY POLICY

Last updated: June 6th, 2023

OP2 LABS, LLC. (“OP2 Labs,” “we”, “our”, and “us”) takes your privacy and the security of your information very seriously, and we encourage you to read this privacy policy (“Privacy Policy”) carefully to understand how we collect and handle information that you share with us and the steps we take to protect that information. All references in this Policy to “Website” include all of OP2 Labs’ websites that link to this Privacy Policy, including op2labs.com, ProTGOLD.com, and FrogFuel.com.

This Privacy Policy does not cover information we receive from third parties. If you have any questions regarding this Privacy Policy, please contact us at [email protected].

By accessing the Website, you agree to be bound by this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Website. Each time you use the Website, the current version of this Privacy Policy will apply. Accordingly, when you use the Website, you should check the date of this Privacy Policy (which appears at the top) and review any changes since you last reviewed the Privacy Policy.

INFORMATION WE COLLECT

We collect two types of information from users of our Website: “Personal Information,” which is information that you provide that can be used to identify you (such as your name or email address), and “Aggregate Information,” which is information that cannot be used to identify you (such as frequency of visits to the Website and your browser type).

We collect certain information from you when you share that information with us, when you use our Website, attend our events, communicate with us such as by e-mail, phone call or text message, interact with us through social media, and when you purchase products from us.

INFORMATION YOU PROVIDE TO US

We collect personal information that you share with us, including:

INFORMATION WE RECEIVE FROM THIRD PARTIES

We receive information from third parties from third-party social media services (e.g., Facebook) or payment services (e.g., PayPal) if you choose to link to, create or log into your Website account through these services. We may also receive certain information from data enrichment providers.

INFORMATION WE AUTOMATICALLY COLLECT

When you use our Website, we automatically receive and collect information from your device. This information includes the following:

Information about your device, such as the operating system, hardware, system version, Internet Protocol (IP) address, device ID, and device language.
The specific actions that you take when you use our Website, including but not limited to the pages and screens that you view or visit, search terms that you enter, and how you interact with our Website.
The time, frequency, connection type, and duration of your use of our Website.
Information regarding your interaction with email messages, for example, whether you opened, clicked on, or forwarded the email message.
Identifiers associated with cookies or other technologies that may uniquely identify your device or browser (as further described below).
Pages you visited before or after navigating to our Website.

EMPLOYMENT

If we have collected your Personal Information through our “Careers” page in response to a job opening, you are giving us permission to use and retain your Personal Information for the purpose of evaluating your application for employment consideration for the specific position that you applied to, as well as other roles at OP2 Labs. This Personal Information may be processed and stored by a third party talent tracking solution provider as well as with vendors, consultants, and other service providers who need access to such information to carry out work relating to the recruitment process on our behalf.

AGGREGATE INFORMATION COLLECTED

Aggregate Information is information that does not identify you. Aggregate Information may be collected when you use our Website, independent of any information you voluntarily enter. Additionally, we may use one or more processes to de-identify information that contains Personal Information, such that only Aggregate Information remains. We may collect, use, store, and transfer Aggregate Information without restriction.

COOKIES AND ANALYTICS

Like most websites, our Website may use “cookies.” Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser to help us identify you when you come to our Website.

Our Website collects cookies and may use cookies for reasons including, but not limited to:

Analyze our web traffic using an analytics package.
Identify if you are signed in to the Website.
Test content on the Website.
Store information about your preferences.
Recognize when you return to the Website.
Recognizing items placed in cart.
Sending reminders about your cart via email or sms.

Overall, cookies help us provide you with a better Website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This setting may prevent you from taking full advantage of the Website.

Our Website uses certain analytics providers such as Google Analytics to provide insight into our Website, and to improve the relevance of advertisements you receive. We may also use cookies, pixels, beacons, or other web tracking technologies to track the amount of time spent on the Website and whether or not certain content, such as a video was viewed. We may work with a third party to collect and process this information for us, based on our instructions and in compliance with this Privacy Policy.

Although we do our best to honor the privacy preferences of our visitors, we are not able to respond to Do Not Track signals from your browser.

INTEREST-BASED ADVERTISING

We may also participate in interest-based advertising using similar technology. This means that you may see advertising on our Website tailored to how you browse or shop, or you may see advertising for OP2 Labs on other websites based on your browsing behavior across websites. Some websites where we may advertise belong to ad networks that use your web browsing history to choose which ads to display on their network websites; these ads include advertising for OP2 Labs and its Website. Other websites where you see our ads, such as Facebook, may use interest preferences that you have chosen on those sites, as well as registration and other information about you, to choose which ads to display to you. Some internet browsers, websites such as Facebook and mobile devices offer opt-outs for interest-based advertising. Please refer to the website that you are visiting, your browser and/or your device settings for additional information

You can opt-out of receiving interest-based ads from third parties who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out pages on the NAI website (http://www.networkadvertising.org/choices/) and DAA website (http://www.aboutads.info/choices/).

SESSION-REPLAY

We use session-replay technologies provided by third parties to record your interactions with the Services to help us diagnose problems and improve our Services. These technologies allow us to watch a DVR-like visual video playback of user sessions on our Services and capture your activities such as your clicks, mouse movements, scrolls, and keystrokes/key touches when you use our Services, and may collect personal information from and about you.

HOW WE USE YOUR INFORMATION

In general, we collect information and Personal Information from you so that we can provide our Website, operate our business, and provide information that you request from us. This includes but is not limited to the following:

Provide, operate, improve, maintain, and protect our Website.
Provide you with technical and other support.
Fulfill your order and deliver your products.
Assist you with product selection and suggest products to you.
Send you updates, marketing communications, and other information about OP2 Labs and our Website.
Send you notices and alerts.
Conduct research, analytics, and monitor and analyze trends and usage.
Product improvement and development.
Contact you and respond to your inquiries.
Facilitate your participation in our Rewards or Ambassador Programs, as applicable.
Administer your participation in a contest, sweepstakes, survey, or other event.
Infer or draw inferences about you based on the information we have collected about you.
Enhance or improve user experience, our business, our products, and our Website, including the safety and security thereof.
Personalize our Website to you.
As necessary to comply with any applicable law, regulation, subpoena, legal process, or governmental request.
Enforce contracts and our Terms of Use, including investigation of potential violations thereof.
Detect, prevent, or otherwise address fraud, security or technical issues.
Protect against harm to the rights, property or safety of OP2 Labs, our users, or the public as required or permitted by law.

HOW WE SHARE YOUR INFORMATION

We do not rent or sell your Personal Information.

Like most companies, we share information, including Personal Information, in certain circumstances with third parties through operation of our Website and our business. Below we explain when that happens.

SERVICE PROVIDERS; PAYMENT PROCESSORS

We may transfer Personal Information to third parties for the purpose of providing the Website or operating our business. For example, we may transfer your Personal Information to third-party service providers to assist with providing the Website, and to communicate with you about current or future offerings.

We may also share your information with payment processors and delivery services to facilitate your transactions made on our Website.

MARKETING PARTNERS

We may offer co-branded giveaways and engage in other co-branded marketing activities with third parties. We may share personal information with such third parties.

REQUIRED TRANSFERS

We may also transfer your Personal Information to third parties under the following circumstances: (i) to comply with a legal requirement, law, subpoena, judicial proceeding, court order, governmental request, or legal process; (ii) to investigate a possible crime, such as fraud or identity theft; (iii) in connection with the sale, purchase, merger, asset sale, financing, reorganization, liquidation or dissolution of OP2 Labs, including the evaluation thereof; (iv) when we believe it is necessary to protect the rights, property, or safety of OP2 Labs or other persons, or (v) as otherwise required or permitted by law, including any contractual obligations of OP2 Labs.

AS DIRECTED BY YOU AND WITH YOUR CONSENT

Except as otherwise provided in this Privacy Policy, we share Personal Information with companies, organizations, or individuals outside of OP2 Labs only at your direction or when we have your consent to do so.

OPTING OUT

If you no longer wish to receive our marketing and promotional communications, you may opt-out by following the instructions included in each communication.

If you do not wish to continue receiving SMS/MMS mobile messages from us, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt-out. You may receive an additional mobile message confirming your decision to opt-out.

CHILDREN'S PRIVACY

Our Website is not intended for use by children under the age of 13 and we do not knowingly collect Personal Information from children under the age of 13 in connection with the Website.

HOW WE PROTECT YOUR INFORMATION

We take the security of your Personal Information very seriously. We use reasonable administrative, physical, and technical safeguards to secure the Personal Information you share with us. Despite these safeguards and our additional efforts to secure your information, we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your Personal Information.

NON-US USERS

We are based in the United States, and our Website is hosted there. If you are visiting our Website from another country, the laws governing our Website’s collection and use of Personal Information may be different from the laws of your country. If you decide to visit our Website, or share your Personal Information with OP2 Labs, you are agreeing to be governed by the laws of the United States, and agree to the transfer of your information to the United States.

THIRD-PARTY WEBSITES

The Website may contain hyperlinks to websites operated by third parties, which may include social media features, such as social media buttons or links. We provide such hyperlinks for your reference and convenience only. We do not control such websites and are not responsible for their content or the privacy or other practices of such websites. It is up to you to read and fully understand their privacy policies. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. If you are submitting information to any such third party through our Website, you should review and understand that party’s applicable policies, including their privacy policies, before providing your information to the third party.

CHANGES TO OUR PRIVACY POLICY

We reserve the right to amend this policy at any time without any prior notice to you. Each time you use our Website the current version of this Privacy Policy will apply. When you use our Website, you should check the date of this Privacy Policy (which appears at the top of the Privacy Policy) and review any changes since the last version.

QUESTIONS

If you have any questions about this Privacy Policy or our privacy practices, please contact us at: [email protected].

OP2 LABS, LLC.

1825 Handley Ederville Road

Fort Worth, TX 76118

Re: Legal Department/Privacy Policy

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FROG FUEL / OP2 LABS TERMS OF USE

Last updated: JUNE 6TH, 2023

These website terms of use are entered into by and between you and OP2 LABS, LLC. (“OP2 LABS”, “Company", "we" or "us"). The following terms and conditions, together with any documents, agreements or policies they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of our websites including, op2labs.com, protgold.com, frogfuel.com and all other sites, mobile sites, services, applications, platforms and tools where these Terms of Use appear or are linked (collectively, the "Website"). The term “you,” as used in these Terms of Use, means any person or entity who accesses or uses the Website.

Please read these Terms of Use carefully before you use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy , incorporated herein by reference. Additional terms and conditions may apply to the purchase of products, such as shipping and return policies. By using the Website, you agree to such terms and condition, these Terms of Use, and the Privacy Policy. The Website is offered and available to users who are 18 years of age or older. By using the Website, you represent and warrant that you meet the foregoing eligibility requirements.

THESE TERMS INCLUDE AN AGREEMENT TO SUBMIT CLAIMS EXCLUSIVELY TO INDIVIDUAL (NON-CLASS) ARBITRATION. SEE BELOW.

CHANGES TO THE TERMS OF USE & WEBSITE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

ACCESSING THE WEBSITE

We reserve the right to terminate, alter, or amend the Website, any service or material we provide on the Website, and any membership program, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

CREATING AN ACCOUNT; TERMS OF SALE

In order to access certain portions or features of the Website, or to purchase products or services, you may be required to create a profile or account. When you create an account or establish a profile, you may be asked to create a user ID and choose a password. You are responsible for keeping your user ID and password secure and you are solely responsible for all activities that occur using your user ID and password. If you become aware of or suspect any unauthorized use of your account, you must notify us immediately.

All sales made through the Website are subject to our Terms of Sale. Please refer to our Terms of Sale for the terms, conditions and policies applicable to your online purchases from OP2 LABS. The Terms of Sale are subject to change without notice, at any time and in our sole discretion, so you should review the Terms of Sale each time you make a purchase through the Website.

INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, podcasts, images, video and audio, and the design, selection and arrangement thereof), are owned by OP2 LABS, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website except for your personal use. If we provide social media features, such as Facebook, Twitter, Instagram, or others that are later developed, with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from the Website.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

No right, title or interest in or to the Website or any content on the Website is transferred to you under any circumstances, and all rights not expressly granted are reserved by OP2 LABS. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

TRADEMARKS

All trademarks, service marks, logos and trade names which appear on products of OP2 LABS, product packaging and/or on the Website, whether registered or not (including but not limited to: the word marks “OP2 LABS”, “Frog Fuel”, “ProT GOLD”, and “Nano Hydrolyzed Collagen”, and all related logos) (the “Marks”) are and shall remain the exclusive property of OP2 LABS or its licensors (as applicable) and are protected by applicable intellectual property and trademark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without OP2 LABS prior consent, which shall be in OP2 LABS’s sole discretion. The use of any of the Marks on any other website is prohibited without the express written consent of OP2 LABS.

PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
To impersonate or attempt to impersonate OP2 LABS, an OP2 LABS employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm OP2 LABS or users of the Website or expose them to liability.

Additionally, you agree not to:

Use the Website or any device, software or routine that in any manner that could disable, overburden, damage, or impair the proper working of the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

USER CONTRIBUTIONS

The Website may contain message boards, surveys, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") reviews, testimonials, content, or materials, including photos and videos, (collectively, "User Contributions") on or through the Website. All User Contributions must comply with these Terms of Use, including without limitation, the Content Standards set out in Section 9.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contributions, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the worldwide, unrestricted, royalty-free, irrevocable, sub-licensable right to (a) publish, publicly display and perform, modify, edit, alter and otherwise use the User Contributions in whole or in part, without further consent, review or participation from you, for any purpose throughout the world (including commercial and promotional) in any medium or format now existing or hereafter created, including but not limited to print or recorded material, websites, and social media platforms; and (b) use your name, commentary, and other information about you in connection with the User Contributions. You represent and warrant that (x) you own or control all rights in and to the User Contributions and have the right to grant the license granted above; and (y) all of your User Contributions do and will comply with these Terms of Use. We reserve the right to use, not use, or discontinue using any User Contributions in our sole discretion at any time.

Additional Terms for Submitted Photos and Videos

The Website and/or social media pages that we operate may allow you to submit photos and videos (collectively “photos”) to OP2 LABS. If you do, such photos will be considered “User Contributions” and all applicable terms and conditions in these Terms of Use shall apply. Please do not provide any photos that you did not take yourself or that you do not have permission to provide to us. By sending us photos, you represent and warrant to OP2 LABS that you have taken the photos yourself, you own all copyright, intellectual property rights and other rights to the photos, or that you have received the express written permission from the all relevant rights holder(s).

If other persons appear in the photos, you represent and warrant that you have received express permission from all such persons to take their photo and to provide it to OP2 LABS in accordance with these Terms of Use (which you have provided a copy of to all such persons). DO NOT PROVIDE ANY PHOTOS THAT CONTAIN THE IMAGE OF ANY MINORS UNDER 18 YEARS OLD.

MONITORING AND ENFORCEMENT; TERMINATION

We have the right (but not the obligation) to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contributions that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for OP2 LABS.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

We do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding User Contributions or any other transmissions, communications or content provided by any user or third party, including any such content that purports to give advice, including medical advice, regarding diet, training, fitness or exercise or the use of any products or services. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

CONTENT STANDARDS

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material which is defamatory, obscene, indecent, abusive, sexual, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
Be likely to deceive any person.
Contain any personal information such as contact information or social media handles.
Promote or engage in any fraudulent or illegal activity, or advocate, promote or assist any unlawful or fraudulent act.
Contain any medical advice, or give the impression that it contains medical advice.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Promote any third party organization or business.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

NO RELIANCE ON INFORMATION POSTED

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, timeliness, or usefulness of this information. All features, content, specifications, products, and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on our Website at a particular time does not imply or warrant that these products or services will be available at any time. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The Website may include content provided by third parties, including materials provided by other users, athletes, trainers, coaches, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by OP2 LABS, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of OP2 LABS. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

The Website may include information and features that promote physical activity, nutrition or general wellness. They are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes. The Website may include or display images and videos of people playing sports and exercising. Please be aware that we are not familiar with your individual physical characteristics and health. Before you begin any exercise program or physical activity, you should consult with a medical professional.

Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should carefully review all product packaging prior to use.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

Please refer to OP2 LABS’ Privacy Policy for important information about our collection, use and sharing of your personal information. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. In such cases, you may not link to any part of the Website other than the homepage and you must not cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

LINKS FROM THE WEBSITE

Our Website may contain links to websites that are owned and controlled by third parties that are not within OP2 LABS’s control, which are for your convenience only. The sites you can link to have their own separate terms and conditions and privacy policies, which we encourage you to review prior to using such sites. We are not responsible and cannot be held liable for the content and activities of these sites. You therefore visit/access these sites entirely at your own risk.

GEOGRAPHIC RESTRICTIONS

Our Website is hosted from and is based in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with all local laws.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. PRODUCT REVIEWS AND COMMENTS ARE STRICTLY THE OPINION OF THE USER POSTING SUCH REVIEWS OR COMMENTS, AND OP2 LABS DOES NOT ENDORSE OR APPROVE ANY SUCH REVIEWS OR COMMENTS. NEITHER OP2 LABS NOR ANY PERSON ASSOCIATED WITH OP2 LABS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER OP2 LABS NOR ANYONE ASSOCIATED WITH OP2 LABS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE WEBSITE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW AND DOES NOT APPLY TO YOUR PURCHASE OF ANY PRODUCTS OR SERVICES FROM OP2 LABS.

LIMITATION ON LIABILITY

IN NO EVENT WILL OP2 LABS, ITS SUPPLIERS, DISTRIBUTORS, OR AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless OP2 LABS, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website. THE FOREGOING INDEMNIFICATION OBLIGATIONS MAY NOT BE ENFORCEABLE IN SOME STATES, SO SUCH OBLIGATIONS MAY NOT APPLY TO YOU.

ARBITRATION; JURY TRIAL WAIVER; CLASS ACTION WAIVER

Neither you nor we will be able to sue in court in connection with any action or claim in related to or in connection with the Website or your use thereof (“Claim”). All Claims must be resolved through individual (non-class) arbitration. You indicate your acceptance to these Terms of Use, including this agreement to arbitrate, by continuing to use the Website after having the opportunity to review these Terms of Use.

You and OP2 LABS intend for this to be an agreement for arbitration that can be enforced under the Federal Arbitration Act (FAA), 9 U.S.C.A. §§ 1–16.

You and OP2 LABS waive any rights to maintain other available resolution processes for Claims, such as a court action or administrative proceeding, to settle disputes. You and OP2 LABS waive any right to a jury trial for Claims.

Instead of litigating in court, we each agree to handle and settle Claims solely by binding arbitration conducted in Fort Worth, Texas before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-streamlined-arbitration/. Judgment on the award may be entered in any court having jurisdiction. This provision shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. If for any reason, JAMS cannot or will not provide this arbitration, you or OP2 LABS may ask any court of competent jurisdiction to select an arbitrator from a list provided by you and OP2 LABS.

You agree that you will not file a class action against OP2 LABS, or participate in a class action against OP2 LABS. You further agree that you will not file or seek a class arbitration, or participate in a class arbitration against OP2 LABS.

WAIVER AND SEVERABILITY

Our failure to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, you and OP2 LABS nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

ENTIRE AGREEMENT; ADDITIONAL TERMS

The Terms of Use, our Privacy Policy, Additional Terms (as defined below), and any other terms and conditions made available to you by OP2 LABS, as applicable, constitute the sole and entire agreement between you and OP2 LABS with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to your use the Website.

Additional or different terms and conditions (“Additional Terms”) may apply in connection with certain features (e.g. OP2 LABS Communities, affiliate programs, ambassador programs, terms of sale, testimonials, sweepstakes or contest entries). If applicable, these Additional Terms will be provided or made available to you (which may be by link) when you use such features. These Additional Terms are incorporated into and made a part of these Terms of Use by reference. In the event Additional Terms conflict with these Terms of Use, the Additional Terms shall control with respect to the subject matter to which such Additional Terms apply.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

This section applies to and governs our mobile messaging program (the “Program”).

User Opt-In: The Program allows you to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that the terms of this section, the Terms of Use, and our Privacy Policy apply to your participation in the Program. By participating in the Program, you agree to receive auto-dialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us. Message and data rates may apply. Message frequency varies.

User Opt-Out: If you do not wish to continue participating in the Program, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that OP2 LABS and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from the Program, is not a reasonable means of opting out.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery, and sale of OP2 LABS’ goods and services. Messages may include checkout reminders.

Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at [email protected]. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Disclaimer: Without limitation of any other disclaimers in the Terms of Use, The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. Carriers are not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with a text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions.

State Law:

Florida: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

Washington: To the extent applicable, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is a Washington area code.

YOUR COMMENTS AND CONCERNS

The website is operated by OP2 LABS, Inc. located at 1825 Handley Ederville Road, Fort Worth, TX 76118.

All written notices due or contemplated hereunder should be sent to the attention of the Legal Department as indicated below.

OP2 LABS, LLC.
1825 Handley Ederville Road

Fort Worth, TX 76118

Re: Legal Department/Terms of Use Notice

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: [email protected]

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