1. Introduction

These Terms and Conditions of Use ("Terms of Use") apply to your access to, and use of, any PsyOPTIMAL SPORTS Sports, LLC ("PsyOPTIMAL SPORTS") website and online service or program where these Terms of Use are posted, linked, or incorporated by reference ("PsyOPTIMAL SPORTS Online Services"). These Terms of Use are a legal and binding agreement between you ("User", "you", or "your"), PsyOPTIMAL SPORTS, and, as applicable, its subsidiaries, affiliates, and related entities ("Affiliates") (PsyOPTIMAL SPORTS and its Affiliates are referred to herein, as the context may require, as "we", "us", or "our"). These Terms of Use govern your use of the PsyOPTIMAL SPORTS Online Services, which includes the programs, offers, content, information, services, and features made available through the PsyOPTIMAL SPORTS Online Services. If you do not agree to these Terms of Use, then you should not access or use the PsyOPTIMAL SPORTS Online Services.

2. Changes to these Terms of Use

a. We may revise and update these Terms of Use from time to time in our sole discretion. If you have provided PsyOPTIMAL SPORTS with an email address, we will notify you via email if any changes to the Terms of Use materially affect your rights. All changes are effective immediately when we post them, and apply to all access to and use of the PsyOPTIMAL SPORTS Online Services thereafter. We encourage you to check these Terms of Use frequently to apprise yourself of any updates to them.

b. Your continued access to and/or use of the PsyOPTIMAL SPORTS Online Services following the posting of revised Terms of Use means that you accept and agree to these changes.

3. PsyOPTIMAL SPORTS Online Services Overview

a. Overview. The PsyOPTIMAL SPORTS Online Services, through the use of PsyOPTIMAL SPORTS's proprietary assessment and analytics platform, provide mental performance reports and recommendations to athletes ("Athletes") to optimize their performance. Athletes may use the PsyOPTIMAL SPORTS Online Services on an individual basis or as a part of a team organized by a general manager or coach ("Team"). The general manager, coach, applicable organization or athletic department will have access to information from Athlete Accounts (as defined below) to help the Team better manage their Athletes.

b. Pricing. Pricing may differ for each type of user of the PsyOPTIMAL SPORTS Online Services, such as Teams and Athletes. If your Athlete Account is linked with a Team Account, your fees may be waived depending on our agreement with your Team. However, when your Athlete Account is disassociated with a Team Account, you may be required to pay fees for continued use of the PsyOPTIMAL SPORTS Online Services.

4. Registration

a. Teams. Team coaches and managers can set up a team account on the PsyOPTIMAL SPORTS Online Services ("Team Account" or "Account"). To set up a Team Account, you may be required to provide PsyOPTIMAL SPORTS with certain information, including, as applicable, your name, your Team's name, your email address, your Team's email address, your Team's roster, the email addresses of each Athlete on your Team's roster, the date and time of each cohort. If you provide any information to us about any third party (such as an Athlete or the parent or legal guardian of an Athlete), you represent and warrant that you have the authorization or permission to provide that information and to authorize us to use that information for the purposes that information is provided for. You may invite Athletes with valid Athlete Accounts to be linked with your Team Account, and if the Athletes accept such invitation, those Athletes and their Athlete Accounts will become associated with your Team Account.

b. An Athlete must have an "Athlete Account" (or "Account") to use the PsyOPTIMAL SPORTS Online Services. To do so, you may be required to provide us with name, email, and other contact information. If you receive an invitation to be linked with a Team Account and you accept that invitation, your Account will be linked with the Team Account and you agree to share, and for us to share on your behalf, any data or information associated with your Account with your Team. If your Athlete Account is released from a Team Account for any reason and these Terms have not otherwise been terminated, then you may continue using certain portions of the Service subject to these Terms of Use. If you are an Athlete under the age of 18, your parent or legal guardian must set up your Athlete Account and agree to these Terms of Use on your behalf.

c. Account Profile. To register for an Account, you must complete a user profile ("Profile"), which you consent to be shown to other users at our discretion. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the PsyOPTIMAL SPORTS Online Services or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location, your skills, your qualifications, or any other information requested of you. Further, you agree to correct any such information that is or becomes false or misleading.

d. Identity and Location Verification. When you register for an Account and from time to time thereafter, each Account and Profile may be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity and your location. You authorize us, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address, subject to applicable law. When requested, you must timely provide us with complete information about yourself.

e. Account Permissions. You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorized employee or agent may create an Account on behalf of your business or organization. By granting other users permissions under your Account, you represent and warrant that (a) the user is authorized to act on your behalf, (b) you are financially responsible for the user's actions taken in accordance with those permissions, including, if applicable, entering into binding contracts on behalf of the owner of the Account, and (c) you are fully responsible and liable for any action of any user to whom you have provided any permissions and any other person who uses the Account. If any such user violates these Terms of Use, it may affect your ability to use the PsyOPTIMAL SPORTS Online Services.

f. Usernames and Passwords. When you register for an Account, you will be asked to choose a username and password or a username and password will be assigned to you for the Account. You are solely responsible for safeguarding and maintaining the confidentiality of your username and password and agree not to share your username or password with any person. You authorize us to assume that any person using the PsyOPTIMAL SPORTS Online Services with your username and password is you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another user of the PsyOPTIMAL SPORTS Online Services.

5. User Requirements

a. You are responsible for:

i. Making all arrangements necessary for you to have access to and make use of the PsyOPTIMAL SPORTS Online Services.

ii. Ensuring that all persons who access and use the PsyOPTIMAL SPORTS Online Services through your internet connection or your Account will comply these Terms of Use.

b. You agree to comply with all applicable local, state, national and foreign laws, treaties and regulations in connection with your access and use of the PsyOPTIMAL SPORTS Online Services, including those related to data privacy and security. You agree to promptly notify us of any violation of this Section.

6. Content; Conduct

a. Through using the PsyOPTIMAL SPORTS Online Services, you may have the ability to make content and data available to us and other users ("User Content"), including, without limitation, unsolicited ideas, works, materials, proposals, suggestions, artwork, content or the like, including for commercial purposes, such as advertising campaigns, promotions, products, services, technologies, product enhancements, processes, marketing strategies, product names, content or creative materials. All User Content must comply with these Terms of Use and any content guidelines we may establish from time to time. Without limiting the generality of the foregoing, User Content must not:

i. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

ii. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

iii. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights, including rights of publicity, of any other person.

iv. 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 these Terms.

v. Intend to deceive or act in any way reasonably likely to deceive any person.

vi. Promote any illegal activity, or advocate, promote, or assist any unlawful act.

vii. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

viii. Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

ix. Involve commercial activities or sales outside the scope of the Service, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

x. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

b. Any User Content you make available to us or other users will be considered non-confidential and non-proprietary. By making any User Content publically available to us or other users on or through the PsyOPTIMAL SPORTS Online Services, you grant to us and our Affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such User Content, without payment to you, for any lawfully permitted purpose, including, without limitation, commercial purposes, such as for creating new products and services and advertising purposes.

c. You represent and warrant that:

i. You own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.

ii. All of your User Content does and will comply with these Terms of Use.

d. You understand and acknowledge that you are responsible for any User Content made available by you, and you, not us, have full responsibility for such User Content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any other users or any third party for the content or accuracy of any User Content made available on or through the PsyOPTIMAL SPORTS Online Services or any action or inaction based on the foregoing.

e. We do not generally investigate any remarks posted by users or other User Content for accuracy or reliability and do not guarantee that User Content is accurate. You are solely responsible for your User Content, including the accuracy of any User Content, and are solely responsible for any legal action that may be instituted by other Users or third parties as a result of or in connection with your User Content, including, without limitation, if such User Content is legally actionable or defamatory. You are solely responsible for your reliance on the User Content of another, including, without limitation, relying on the accuracy of any User Content, and are solely responsible for any legal action that may be instituted by you against other users or third parties as a result of or in connection with your reliance on User Content. We are not legally responsible for User Content or reliance on User Content, including, without limitation, feedback or comments posted to or made available on the PsyOPTIMAL SPORTS Online Services by any users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the PsyOPTIMAL SPORTS Online Services and to protect users from harassment or abuse, we reserve the right (but are under no obligation) to remove posted User Content, including, without limitation, feedback or information, that, in our sole judgment, violates these Terms of Use or negatively affects the PsyOPTIMAL SPORTS Online Services or otherwise is inconsistent with our business interests. You acknowledge and agree that you will notify us of any error or inaccurate statement in your User Content, and, that if you do not do so, we, other users, or other third parties may rely on the accuracy of such information.

f. We have the right but not the obligation to:

i. Remove or refuse to post any User Content for any or no reason in our sole discretion;

ii. Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms of Use, is defamatory, offensive, inaccurate, deceptive or misleading, illegal, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the PsyOPTIMAL SPORTS Online Services or the public or could create liability for us or any user;

iii. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;

iv. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the PsyOPTIMAL SPORTS Online Services; and/or

v. Terminate or suspend your access to all or part of the PsyOPTIMAL SPORTS Online Services for any or no reason, including without limitation, any violation of these Terms of Use.

g. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials or User Content on or through the PsyOPTIMAL SPORTS Online Services. YOU WAIVE AND HOLD HARMLESS THE PSYOPTIMAL SPORTS INDEMNIFIED PARTIES (DEFINED BELOW) AND EACH OF THEIR AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

h. However, we cannot review all material before it is posted, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.

7. Intellectual Property

a. Ownership. The PsyOPTIMAL SPORTS Online Services and their entire contents, features and functionality (including but not limited to all information, software, analysis, data, text, displays, images, video and audio, "look and feel," and the design, selection and arrangement thereof), are owned by us, our 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.

b. License. These Terms or Use permit you to use the PsyOPTIMAL SPORTS Online Services solely for your personal use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the materials provided on or through the PsyOPTIMAL SPORTS Online Services except as follows:

i. you may temporarily store copies of such materials incidental to your accessing and viewing those materials;

ii. you may store files that are automatically cached by your computer or personal electronic device for display enhancement purposes; and

iii. if we provide social media features with certain content, you may take such actions as are enabled by such features.

c. Restrictions. You shall not:

i. copy the PsyOPTIMAL SPORTS Online Services or any part thereof, except as expressly permitted by these Terms of Use;

ii. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the PsyOPTIMAL SPORTS Online Services or any part thereof;

iii. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the PsyOPTIMAL SPORTS Online Services or any part thereof;

iv. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the PsyOPTIMAL SPORTS Online Services, including any copy thereof;

v. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the PsyOPTIMAL SPORTS Online Services, or any features or functionality of the Services, to any third party for any reason, including by making the PsyOPTIMAL SPORTS Online Services available on a network where it is capable of being accessed by more than one device at any time;

vi. send or store: (a) infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or which violates third party privacy rights; or (b) material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;

vii. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the PsyOPTIMAL SPORTS Online Services; or

viii. access or use the PsyOPTIMAL SPORTS Online Services, or any features or functionality of the Services, for purposes competitive with the business of PsyOPTIMAL SPORTS or its Affiliates or for the purpose of benchmarking the PsyOPTIMAL SPORTS Online Services, or monitoring their availability.

d. Reservation of Rights. No right, title or interest in or to the PsyOPTIMAL SPORTS Online Services and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) is transferred to you, and we reserve all rights not expressly granted herein. Any use of the PsyOPTIMAL SPORTS Online Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

e. Trademarks. You understand and agree that you shall have no right to use any of the PsyOPTIMAL SPORTS Marks (as defined below) for any purpose whatsoever without the prior written approval of PsyOPTIMAL SPORTS, and such approval may be withheld in PsyOPTIMAL SPORTS's sole discretion. For purposes of these Terms of Use, "PsyOPTIMAL SPORTS Marks" means the names, trademarks, service marks, logos, and other designations of origin of the PsyOPTIMAL SPORTS and its Affiliates, including without limitation PSYOPTIMAL SPORTS and the logos and/or design elements that may accompany them. You acknowledge and agree that we own all right, title, and interest in and to the PsyOPTIMAL SPORTS Marks. All other names, logos, product and service names, designs and slogans displayed on or through the PsyOPTIMAL SPORTS Online Services are the trademarks of their respective owners.

f. Release. YOU COVENANT NOT TO SUE OR MAKE OR ASSERT AGAINST ANY PSYOPTIMAL SPORTS INDEMNIFIED PARTY ANY CLAIM OF INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT WITH RESPECT TO THE PSYOPTIMAL SPORTS ONLINE SERVICES.

8. Confidentiality

a. Definition. In connection with the Terms of Use and while accessing the PsyOPTIMAL SPORTS Online Services, you may have access to certain non-public information, documents and materials relating to our business, irrespective of the form of communication (oral, written, electronic or otherwise) along with all notes, analyses, compilations, forecasts, data, translations, studies, memoranda, copies, extracts, reproductions or other documents that contain or otherwise reflect such information, documents and materials belonging to, or in which the supplier of the information has any rights or interest, project information ("Confidential Information"). Confidential Information shall include information, documents and materials related to pricing, rates, fees, or other similar information, training methods, business practices, plans, projections, trade secrets, account information, research information, accounting information, human resources and personnel information, marketing/sales information, third party contracts, licenses, audits, regulatory compliance information, and all intellectual property owned or licensed by use.

b. Exclusions. The confidentiality obligations herein will not apply to any Confidential Information which: (a) is or becomes generally available to and known by the public (other than as a result of your non-permitted disclosure or other wrongful act, directly or indirectly); (b) is or becomes available to the you on a non-confidential basis from a source other than PsyOPTIMAL SPORTS or its representatives; provided, however, that you had no knowledge that such source was, at the time of disclosure to you, bound by an obligation of confidentiality which was breached by the disclosure; and provided, further, that if you later become aware that the source did not have the right to disclose such information, you will use commercially reasonable efforts to restrict the future use and disclosure of the Confidential Information to be consistent with these Terms of Use; (c) has been or is hereafter independently acquired or developed by you or its representatives without reference to such Confidential Information and without otherwise violating these Terms of Use or any obligation of confidentiality to us; (d) was in your possession at the time of our disclosure to you without restriction as to confidentiality; or (e) is required (by oral question, interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process) to be disclosed by any governmental entity or pursuant to applicable law; provided, however, that you (i) use all commercially reasonable efforts to provide us with written notice of such request or demand as promptly as practicable under the circumstances so that we will have an opportunity to seek an appropriate protective order or other appropriate remedy, or waive compliance with the provisions of these Terms of Use, (ii) furnishes only that portion of the Confidential Information which is, in the opinion of your counsel, legally required and (iii) takes, and causes its representatives to take, all other reasonable steps necessary to obtain confidential treatment for any such Confidential Information required to be furnished.

c. Confidentiality Obligations. You will use the Confidential Information of the information owner solely for the purpose of performing your obligations or exercising your rights under these Terms of Use, and not for any other purpose, including the purpose of competing with us. You will keep such Confidential Information confidential and will not disclose any Confidential Information to any third party without our prior written consent. You will exercise at least the same degree of care to safeguard the confidentiality of such Confidential Information as you do to safeguard your own proprietary confidential information of equal importance, but not less than a reasonable degree of care. You will disclose such Confidential Information only to your representatives who have a need to know the Confidential Information for the purpose of performing your obligations or exercising your rights under these Terms of Use. You will ensure, by instruction, contract, or otherwise that such representatives comply with the provisions of these Terms of Use. You will be responsible in the event of any your representatives' breach of these Terms of Use. You will promptly notify us in the event that you or your representatives learn of any unauthorized use or disclosure of such Confidential Information, and will promptly take all reasonable actions necessary to correct and prevent such use or disclosure.

9. Privacy Notice

All information we collect or that you provide on or through the PsyOPTIMAL SPORTS Online Services is subject to our Privacy Notice, the terms of which are hereby incorporated herein by reference. You consent to our use of any information provided in a manner consistent with our Privacy Notice.

10. Payment Terms

a. By signing up for and using the PsyOPTIMAL SPORTS Online Services, you agree to pay for any fees or other incurred charges that may apply to such services, including ongoing subscription fees. To the extent applicable, when you sign up for the PsyOPTIMAL SPORTS Online Services, you may be required to designate and provide information about your preferred payment method ("Payment Method"). This information must be complete and accurate, and you are responsible for keeping it up to date. PsyOPTIMAL SPORTS may provide an invoice for use of the Platform. You expressly authorize PsyOPTIMAL SPORTS to collect via automatic debit or ACH from your Payment Method the appropriate fees charged for the PsyOPTIMAL SPORTS Online Services and for any other purchases you elect to make via the PsyOPTIMAL SPORTS Online Services.

b. You may be able to choose to pay for the PsyOPTIMAL SPORTS Online Services on a monthly or annual basis. Unless otherwise stated, all fees due for the PsyOPTIMAL SPORTS Online Services are payable in advance, and will be billed automatically to the Payment Method at the start of the monthly or annual PsyOPTIMAL SPORTS Online Services period, as applicable. Unless otherwise stated, the PsyOPTIMAL SPORTS Online Services will auto-renew until you elect to cancel your access to the PsyOPTIMAL SPORTS Online Services. All purchases of PsyOPTIMAL SPORTS Online Services are final and non-refundable, except at PsyOPTIMAL SPORTS's sole discretion.

c. If you do not pay the fees or charges due for your use of the PsyOPTIMAL SPORTS Online Services, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the PsyOPTIMAL SPORTS Online Services (and may do so without notice).

d. Cancellation. You can cancel the PsyOPTIMAL SPORTS Online Services at any time. Once you have cancelled the PsyOPTIMAL SPORTS Online Services and received confirmation, no other changes can be made to your Account. The cancellation of the PsyOPTIMAL SPORTS Online Services will go into effect at the end of your current billing cycle, and you will have the same level of access to the PsyOPTIMAL SPORTS Online Services through the remainder of such billing cycle. For example, if you are billed on a monthly basis and cancel during a given month, you will be charged for the entirety of that month and maintain access to the PsyOPTIMAL SPORTS Online Services through the end of that month.

e. Refunds for Termination or Cancellation. There are no refunds for termination or cancellation of your PsyOPTIMAL SPORTS Online Services. If you no longer wish to subscribe to the PsyOPTIMAL SPORTS Online Services, it is your responsibility to cancel your PsyOPTIMAL SPORTS Online Services in due time, regardless of whether or not you actively use the PsyOPTIMAL SPORTS Online Services.

f. Refunds For Other Issues. If your Account is charged for items you did not purchase, or you did not receive the items you purchased, or you were charged an incorrect amount, you may request a refund or correction in accordance to payment provider policy. Any refund request must be received within 96 hours from the time of purchase in order for refunds to be issued in accordance to payment provider policy. Refund requests past 96 hours from time of purchase will be honored according only in accordance to our payment policy. Other than charges to your account, you agree to notify us about any billing problems or discrepancies within 30 days after they first appear on your account statement. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. You understand that we may suspend or terminate your account if for any reason a charge you authorize us to make to your credit card or other method of payment cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through an alternative payment method. You acknowledge that is not required to provide a refund for any other reason.

g. Fee Changes. To the maximum extent permitted by applicable laws, we may change our prices for PsyOPTIMAL SPORTS Online Services at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the applicable PsyOPTIMAL SPORTS Online Services and/or by sending you an email notification. If you do not wish to pay the new prices, you can cancel the applicable PsyOPTIMAL SPORTS Online Services prior to the change going into effect.

h. Discount, Coupon or Gift Codes. If you have received a discount, coupon or gift code to the PsyOPTIMAL SPORTS Online Services, the following terms and conditions apply in addition to the terms and conditions of the specific code. To redeem a discount or coupon code, log in to the PsyOPTIMAL SPORTS Online Services and enter the applicable code to take advantage of the relevant promotion. All discounts, gift and coupon codes can only be applied when subscribing to PsyOPTIMAL SPORTS Online Services, and to accounts not already subscribed to PsyOPTIMAL SPORTS Online Services. Discount, coupon and gift codes cannot be combined with any other sales, promotion or coupon, and cannot be exchanged, refunded, replaced or redeemed for cash or payment of accounts. A payment method may be required to redeem a discount or coupon code. It is your own responsibility to use a discount, coupon or gift code before it expires, and expired codes cannot be refunded or extended. It is also your responsibility to terminate the PsyOPTIMAL SPORTS Online Services before the end of a free or discounted period if you do not want to continue with the PsyOPTIMAL SPORTS Online Services at the regular price. The terms and conditions of a specific discount, coupon or gift code may include additional restrictions on its use, including but not limited to the type of plan, duration of free or discounted PsyOPTIMAL SPORTS Online Services, coupon validity dates, and/or purchase quantities. PsyOPTIMAL SPORTS reserves the right to cancel discounts and coupon promotions at any time.

11. Free Trial

a. We sometimes offer free trials of our PsyOPTIMAL SPORTS Online Services or other promotional offers (each a "Free Trial"). A Free Trial provides you access to the PsyOPTIMAL SPORTS Online Services for a period of time, with details specified when you sign up for the offer. In order to sign up for a Free Trial, you may need to provide us with your preferred Payment Method. As soon as you submit your payment details, your Free Trial will begin. You will not be charged until the Free Trial period ends.

b. Unless you cancel before the end of the Free Trial, or unless otherwise stated, your access to the PsyOPTIMAL SPORTS Online Services will automatically continue and you will be billed the applicable fees for that PsyOPTIMAL SPORTS Online Services using the Payment Method you provided. All incurred charges are final and non-refundable, except at our sole discretion and in accordance with the rules governing each PsyOPTIMAL SPORTS Online Services. We may send you a reminder when your Free Trial is about to end, but we do not guarantee any such notifications. It is ultimately your responsibility to know when the Free Trial will end if you decide you do not want to become a paying PsyOPTIMAL SPORTS Online Services user after the Free Trial period.

c. If you decide you do not want to become a paying PsyOPTIMAL SPORTS Online Services user, you must cancel your subscription before the end of the Free Trial period. Depending on the applicable PsyOPTIMAL SPORTS Online Services, you may lose access as soon as you cancel or at the end of the Free Trial period. Once you have cancelled your Free Trial and received confirmation, you cannot resume the Free Trial period even if it was not used for the entire duration of the offer.

d. PsyOPTIMAL SPORTS Online Services features and content may change at any time, and we cannot guarantee any specific feature or content will be available for the entire Free Trial period. The rates in effect when you sign up for the Free Trial will be the same when the Free Trial ends, unless we notify you otherwise. We reserve the right, in our absolute discretion, to modify or terminate any Free Trial offer, your access to the PsyOPTIMAL SPORTS Online Services during the Free Trial, or any of these terms without notice and with no liability. You may not sign up for more than one Free Trial of a given PsyOPTIMAL SPORTS Online Services at the same time, and we reserve the right to limit your ability to take advantage of multiple Free Trials.

12. Health Disclaimer

a. THE PSYOPTIMAL SPORTS ONLINE SERVICES ARE FOR INFORMATIONAL AND RECREATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL MEDICAL OR MENTAL HEALTH ADVICE, TREATMENT, OR DIAGNOSIS. WE ARE NOT A HEALTH CARE, MENTAL HEALTH CARE, OR MEDICAL PROVIDER. PSYOPTIMAL SPORTS MAKES NO CLAIMS, REPRESENTATIONS OR GUARANTEES THAT THE SERVICES PROVIDE A HEALTH BENEFIT OR MENTAL HEALTH BENEFIT. ADVICE OR INFORMATION AVAILABLE ON OR THROUGH THE PSYOPTIMAL SPORTS ONLINE SERVICES IS INTENDED FOR GENERAL INFORMATION PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE. WE CANNOT DIAGNOSE, TREAT HEALTH CONDITIONS, OR ASSIST YOU DURING A HEALTH CRISIS OR MENTAL HEALTH CRISIS. ALWAYS CONSULT WITH YOUR PHYSICIAN OR LICENSED HEALTHCARE PROFESSIONAL REGARDING ANY QUESTIONS ABOUT YOUR HEALTH AND OTHER CONDITIONS AND BEFORE USING THE PSYOPTIMAL SPORTS ONLINE SERVICES.

b. You should always seek the advice of a healthcare professional with any questions you may have regarding your health or medical condition. You should never delay obtaining medical advice or disregard any medical advice because of your use of the PsyOPTIMAL SPORTS Online Services, or something you have read or have not read on the PsyOPTIMAL SPORTS Online Services. We do not warrant the accuracy, completeness or usefulness of any information or content provided through the PsyOPTIMAL SPORTS Online Services. No information contained on the PsyOPTIMAL SPORTS Online Services is intended to diagnose, treat, prevent, cure or mitigate a disease, health, or mental health condition. You acknowledge and agree that none of the information or content provided through the PsyOPTIMAL SPORTS Online Services has the ability to cure, prevent, alleviate, diagnose, treat, prescribe, or perform any task that constitutes the practice of medicine or medical advice. Any reliance you place on such information is strictly at your own risk. We assume no responsibility for any consequences relating directly or indirectly to any action or inaction you may take based upon your use of the PsyOPTIMAL SPORTS Online Services or the information provided through the PsyOPTIMAL SPORTS Online Services. You acknowledge and agree that no warranties or representations have been made to you regarding the results you may or will achieve from using the PsyOPTIMAL SPORTS Online Services. You understand that results are individual and may vary.

13. Third-Party Links

The PsyOPTIMAL SPORTS Online Services may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.

14. Warranty Disclaimer

YOU AGREE NOT TO RELY ON THE PSYOPTIMAL SPORTS ONLINE SERVICES, ANY INFORMATION PROVIDED ON OR THROUGH THE PSYOPTIMAL SPORTS ONLINE SERVICES, OR THE CONTINUATION OF THE PSYOPTIMAL SPORTS ONLINE SERVICES. PSYOPTIMAL SPORTS DOES NOT WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES PSYOPTIMAL SPORTS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE PSYOPTIMAL SPORTS ONLINE SERVICES, OR ANY ACTIVITIES OR ITEMS RELATED TO THESE TERMS OF USE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY DISCLAIM ANY WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PSYOPTIMAL SPORTS ONLINE SERVICES. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. USER'S SOLE AND EXCLUSIVE REMEDY AGAINST US WITH RESPECT TO ANY DEFECTS, NON-CONFORMANCES, OR DISSATISFACTION IS FOR USER TO DISCONTINUE USER'S USE OF THE SERVICES.

15. Limitation of Liability; Limitation on Claims

a. The PsyOPTIMAL SPORTS Indemnified Parties are not liable, and you agree not to hold any PsyOPTIMAL SPORTS Indemnified Party responsible, for any damages or losses arising out of or in connection with these Terms of Use and/or use of the PsyOPTIMAL SPORTS Online Services, including, without limitation:

i. your use of or your inability to use the PsyOPTIMAL SPORTS Online Services or any portion thereof;

ii. delays or disruptions in the PsyOPTIMAL SPORTS Online Services;

iii. viruses or other malicious software obtained by accessing, or linking to, the PsyOPTIMAL SPORTS Online Services;

iv. glitches, bugs, errors, or inaccuracies of any kind in the PsyOPTIMAL SPORTS Online Services;

v. damage to your hardware device from the use of the PsyOPTIMAL SPORTS Online Services;

vi. the content, actions, or inactions of third parties' use of the PsyOPTIMAL SPORTS Online Services;

vii. a suspension or other action taken with respect to your Account;

viii. your reliance on the quality, accuracy, or reliability of reports, recommendations, and feedback (including their content, order, and display), User Content, or metrics found on, used on, or made available through the PsyOPTIMAL SPORTS Online Services; and

ix. your need to modify practices, content, or behavior or your loss of or inability to use the PsyOPTIMAL SPORTS Online Services, as a result of changes to these Terms of Use.

b. ADDITIONALLY, IN NO EVENT WILL ANY PSYOPTIMAL SPORTS INDEMNIFIED PARTY BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES. THE CUMULATIVE LIABILITY OF THE PSYOPTIMAL SPORTS INDEMNIFIED PARTIES TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE AND/OR THE PSYOPTIMAL SPORTS ONLINE SERVICES WILL NOT EXCEED ANY AMOUNTS PAID TO PSYOPTIMAL SPORTS BY USER DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE AND/OR THE PSYOPTIMAL SPORTS ONLINE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS, SO TO THAT EXTENT, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU, BUT DO APPLY TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW.

c. Any cause of action you may have arising out of or relating in any way to the PsyOPTIMAL SPORTS Online Services or these Terms of Use must be commenced within one (1) year after the claim or cause of action arises.

16. Indemnification

a. You will indemnify, defend, and hold harmless PsyOPTIMAL SPORTS and its Affiliates, and each of the respective subsidiaries, related entities and other affiliates of any of the foregoing, and each of their respective predecessors, successors and assigns, and each of their respective past, present or future, direct or indirect, officers, directors, governors, owners, members, managers, shareholders, partners, partnerships, principals, employees, volunteers, representatives, agents and trustees (each a "PsyOPTIMAL SPORTS Indemnified Party" and collectively the "PsyOPTIMAL SPORTS Indemnified Parties") for all Indemnified Claims (defined below) and Indemnified Liabilities (defined below) relating to or arising out of: (a) the use of the PsyOPTIMAL SPORTS Online Services by you or your agents, including any payment obligations or default incurred through use of the PsyOPTIMAL SPORTS Online Services; (b) failure to comply with these Terms of Use; (c) failure to comply with applicable law by you or your agents; (d) negligence, willful misconduct, or fraud by you or your agents; and (e) defamation, libel, violation of privacy rights, unfair competition, or infringement of intellectual property rights or allegations thereof to the extent caused by you or your agents. For purposes of this Section 17, your agents includes, without limitation, any person who has apparent authority to access or use your Account demonstrated by using your username and password.

b. "Indemnified Claim" means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys' fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other user against a PsyOPTIMAL SPORTS Indemnified Party.

c. "Indemnified Liability" means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys' fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by a PsyOPTIMAL SPORTS Indemnified Party against you or a third party or other user.

17. Term and Termination

a. Term. The term of these Terms shall commence on the date on which you agree to be bound by these Terms ("Effective Date") and shall continue until terminated as provided herein. Upon termination of these Terms for any reason, all rights granted to you shall immediately terminate, and you shall cease using the PsyOPTIMAL SPORTS Online Services.

b. Termination.

i. Unless both you and PsyOPTIMAL SPORTS expressly agree otherwise in writing, we may, in our sole discretion, at any time, without explanation, upon written notice to you, terminate these Terms of Use. Upon termination of these Terms of Use, your right to use the PsyOPTIMAL SPORTS Online Services is automatically revoked, and your Account will be closed.

ii. Without limiting the other rights or remedies available to us, we may, but are not obligated to, temporarily or indefinitely revoke or suspend your access to the PsyOPTIMAL SPORTS Online Services, deny your registration, close your Account, or permanently revoke your access to the PsyOPTIMAL SPORTS Online Services and refuse to provide any or all the PsyOPTIMAL SPORTS Online Services to you if: (i) you breach the letter or spirit of any terms and conditions of these Terms of Use, as determined in our sole discretion; (ii) we suspect or become aware that you have provided false or misleading information to us or other users; or (iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our users, or us; or (iv) your actions may be contrary to the interests of the PsyOPTIMAL SPORTS Online Services, or the user community; or (v) your actions may involve illicit or illegal activity. If your Account is temporarily or permanently closed, you may not use the PsyOPTIMAL SPORTS Online Services under the same Account or a different Account or re-register under a new Account without our prior written consent.

c. Survival. After these Terms of Use terminate, the terms and conditions of these Terms of Use that expressly or by their nature contemplate performance after this Agreement terminates or expires will survive and continue in full force and effect. For example, the provisions requiring arbitration, protecting intellectual property, indemnification, payment of fees, reimbursement and setting forth limitations of liability each, by their nature, contemplate performance or observance after these Terms of Use have terminated. Without limiting any other provisions of the Terms, the termination of this Agreement for any reason will not release you from any obligations incurred prior to termination of these Terms of Use or that thereafter may accrue in respect of any act or omission prior to such termination.

18. Dispute Resolution; Arbitration; Class Action Waiver

a. PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE CLAIMS WITH PSYOPTIMAL SPORTS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

b. Any dispute, claim or controversy of any nature, including tort and statutory claims, among the parties in any way arising out of or relating to these Terms of Use, the Privacy Notice, data privacy, data security, and/or the PsyOPTIMAL SPORTS Online Services ("Dispute") shall be finally resolved by and through binding arbitration in accordance with the Federal Arbitration Act to the exclusion of any other Federal, state or municipal law of arbitration administered by the American Arbitration Association ("AAA") by a sole arbitrator or in small claims court. If you are an individual, then the AAA's Consumer Arbitration Rules and the Supplementary Procedures for consumer Related Disputes then in effect will apply. If you are a business or legal entity other than an individual, then the arbitration will be administered by AAA in accordance with the AAA's Commercial Rules then in effect. The AAA rules are available at www.adr.org. Notwithstanding the foregoing, in any conflict between the AAA's rules and these Terms of Use, the Terms of Use will govern. Both the foregoing agreement of the parties to arbitrate any and all Disputes, and the results, determinations, findings, judgments and/or awards rendered through any such arbitration, shall be final and binding on the parties and may be specifically enforced by legal proceedings in any court of competent jurisdiction. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR CAN AWARD, ON AN INDIVIDUAL BASIS, THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS' FEES).

c. For any Dispute, the place of Arbitration shall be in Cincinnati, Ohio.

d. The cost of the arbitration proceeding, including, without limitation, each party's attorneys' fees and costs, shall be borne by the unsuccessful party or, at the discretion of the arbitrators, may be prorated between the parties in such proportion as the arbitrators determine to be equitable and shall be awarded as part of the award.

e. WAIVER OF CLASS OR CONSOLIDATED ACTIONS ("CLASS ACTION WAIVER"). YOU AND PSYOPTIMAL SPORTS EACH AGREE THAT YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY ON YOUR OWN BEHALF, AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS, AND NO PROCEEDINGS COMMENCED HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY OTHER PARTIES, OR CLAIMS BY OTHER PARTIES (WHETHER REPRESENTATIVE, MASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION). To the extent permitted by law, each party agrees that this limitation includes, but is not limited to, precluding each party from pursuing any claim for public injunctive relief, whether in arbitration or court. If we believe that any claim you have filed is inconsistent with this limitation, then you agree that we may seek an order from a court determining whether your claim is within the scope of this class action waiver.

f. RESTRICTIONS ON ARBITRATION: ALL DISPUTES, REGARDLESS OF THE DATE OF ACCRUAL OF SUCH DISPUTE, SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. ANY DISPUTES YOU MAY HAVE AGAINST PSYOPTIMAL SPORTS OR ANY PSYOPTIMAL SPORTS INDEMNIFIED PARTY, AND ANY OF THEIR AFFILIATES, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS, YOU HEREBY AGREE TO BIFURCATE AND ARBITRATE AGAINST THEM INDIVIDUALLY IN CINCINNATI, OHIO. YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, AND TO CERTAIN DISCOVERY AND OTHER PROCEDURES THAT ARE AVAILABLE IN A LAWSUIT. YOU AND PSYOPTIMAL SPORTS AGREE THAT THE ARBITRATORS HAVE NO AUTHORITY TO ORDER CONSOLIDATION OR CLASS ARBITRATION OR TO CONDUCT CLASS-WIDE ARBITRATION PROCEEDINGS, AND ARE ONLY AUTHORIZED TO RESOLVE THE INDIVIDUAL DISPUTES BETWEEN YOU AND ANY PSYOPTIMAL SPORTS INDEMNIFIED PARTY AND THEIR AFFILIATES, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS. FURTHER, YOU WILL NOT HAVE THE RIGHT TO CONSOLIDATION OR JOINDER OF INDIVIDUAL DISPUTES OR ARBITRATIONS, TO HAVE ANY DISPUTE ARBITRATED ON A CLASS ACTION BASIS, OR TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.

g. THE VALIDITY, EFFECT, AND ENFORCEABILITY OF THE FOREGOING WAIVER OF CLASS ACTION LAWSUIT AND CLASS-WIDE ARBITRATION, IF CHALLENGED, ARE TO BE DETERMINED SOLELY AND EXCLUSIVELY BY THE STATE AND FEDERAL COURTS LOCATED IN CINCINNATI, OHIO.

h. WITHOUT WAIVING THE RIGHT TO APPEAL SUCH DECISION, SHOULD ANY PORTION OF THIS SECTION 19 BE STRICKEN FROM THESE TERMS OF USE OR DEEMED OTHERWISE INVALID OR UNENFORCEABLE, THEN THIS ENTIRE SECTION 19 (OTHER THAN THIS SENTENCE) SHALL BE STRICKEN FROM THIS AGREEMENT AND ANY AND ALL DISPUTES SHALL PROCEED IN THE STATE AND FEDERAL COURTS LOCATED IN CINCINNATI, OHIO AND BE DECIDED BY A JUDGE, SITTING WITHOUT A JURY, ACCORDING TO APPLICABLE COURT RULES AND PROCEDURES, AND NOT AS A CLASS ACTION LAWSUIT.

19. Miscellaneous

a. Waiver and Severability.

i. No waiver by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

ii. In the event that any or any part of the Terms of Use contained in these Terms of Use shall be determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such Terms of Use shall to that extent be severed from the remaining Terms of Use which shall continue to be valid and enforceable to the fullest extent permitted by the applicable law.

b. Entire Agreement.

i. These Terms of Use and any document incorporated into them by reference, including, without limitation, the Privacy Notice, constitute the sole and entire agreement between you and PsyOPTIMAL SPORTS with respect to the PsyOPTIMAL SPORTS Online Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the PsyOPTIMAL SPORTS Online Services.

ii. No modification or amendment to these Terms of Use will be binding upon us unless in a written instrument signed by a duly authorized representative of PsyOPTIMAL SPORTS or posted on or through the PsyOPTIMAL SPORTS Online Services by us. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms of Use.

c. Assignability. You may not assign these Terms of Use, or any of its rights or obligations hereunder, without the prior written consent of PsyOPTIMAL SPORTS in the form of a written instrument signed by a duly authorized representative of PsyOPTIMAL SPORTS. We may freely assign these Terms of Use without your consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, these Terms of Use are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.

d. Force Majeure. We will not be responsible for the failure to perform or any delay in performance of any obligation hereunder for a reasonable period due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, epidemic, pandemic, national health emergencies, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations, or restrictions imposed by law, or any other similar conditions beyond the reasonable control of such party.

e. Consent to Electronic Records. In connection with these Terms of Use, you may be entitled to receive certain records from us or our affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the PsyOPTIMAL SPORTS Online Services, you give us permission to provide these records to you electronically instead of in paper form.

f. Governing Law. Your use of the PsyOPTIMAL SPORTS Online Services and downloads from it, and the operation of these Terms of Use, shall be governed in accordance with the laws of the State of Ohio, without regard to conflict of law provisions other than those that would permit the application of Illinois law.

20. Contact

a. Should you have questions or concerns about these Terms of Use or the PsyOPTIMAL SPORTS Online Services, please contact us at support@psyoptimal.com.

b. Under California Civil Code Section 1789.3, California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (800) 952-5210.