ONE PERCENT BETTER LLC

Terms of Use

Effective Date: August 27, 2026

These Terms of Use (“Terms”) govern your access to this website operated by One Percent Better LLC, a Missouri limited liability company (“One Percent Better,” “OPB,” “we,” “us,” or “our”) (collectively, the “Site”). BY ACCESSING OR USING THE SITE, YOU (“YOU”) AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE SITE.

These Terms govern only your access to and use of the Site. Your purchase, booking or participation in classes, memberships or other services offered by OPB may be subject to separate terms, policies and waivers.

We may modify these Terms at any time. All changes will be effective immediately upon posting to the Site. Material changes will be conspicuously posted on the Site or otherwise communicated to you. By using the Site after changes are posted, you agree to those changes.

1. Eligibility

YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO USE OUR SITE. BY ACCESSING, USING AND/OR SUBMITTING INFORMATION TO OR THROUGH OUR SITE, YOU REPRESENT THAT YOU ARE NOT YOUNGER THAN 18. IF YOU ARE THE PARENT OR LEGAL GUARDIAN AND CONSENT TO YOUR MINOR CHILD’S ACCESS TO AND USE OF OUR SITE, YOU AGREE TO BE BOUND BY THESE TERMS ON BEHALF OF YOURSELF AND YOUR MINOR CHILD.

2. Content

The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of OPB or, as applicable, its vendors or licensors. Except for the rights expressly granted to you in the next section, OPB reserves all other rights in and to the Site and Content, including all intellectual property rights.

3. Use Rights

You may only use the Site or Content for your personal, non-exclusive use in the United States, so long as you comply with these Terms and all other terms posted throughout the Site as applicable to you (if any), and all applicable laws. You may only use the Site and the Content for their intended purposes for which they are made available to you by OPB.

4. Classes and Services

Information regarding OPB’s classes, memberships, schedules, instructors, pricing, availability and other services is provided for general informational purposes and may be changed at any time. Bookings, purchases and participation in OPB’s classes and services may be subject to separate terms, policies and waivers.

5. Health and Fitness Disclaimer

THE CONTENT PROVIDED ON THE SITE IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO CONSTITUTE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. YOU SHOULD CONSULT AN APPROPRIATE HEALTHCARE PROFESSIONAL REGARDING ANY HEALTH OR MEDICAL QUESTIONS AND BEFORE BEGINNING A NEW EXERCISE OR FITNESS PROGRAM. PARTICIPATION IN OPB’S CLASSES, EVENTS AND OTHER SERVICES IS SUBJECT TO ANY APPLICABLE WAIVER AND OTHER TERMS PROVIDED IN CONNECTION WITH THOSE SERVICES.

6. Use of Marks

OPB owns certain trademarks, names, logos, insignia, or service marks (“Marks”). You do not have the right to use any Marks except as expressly agreed to in writing by OPB. In addition, the Site may contain third-party marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third-party's consent.

7. Privacy Notice

When you visit the Site, we collect certain personal information about you and about your use of the Site as described in our Privacy Notice which can be located on our Site.

8. SMS/Text Messaging Program

By opting in to receive text messages from One Percent Better, you agree to receive recurring automated text messages from One Percent Better at the mobile number you provide. Messages may include class and appointment reminders, booking and waitlist updates, account alerts, promotional offers, customer service communications, and other information relating to One Percent Better’s classes, memberships, products, or services. Your consent to receive text messages is not a condition of any purchase.

Message frequency may vary depending on your activity and interactions with us. Message and data rates may apply. Any charges are billed by and payable to your mobile service provider.

You may unsubscribe from text messages at any time by replying STOP to any message we send you. After you reply STOP, you may receive a one-time confirmation message confirming your opt-out. To receive messages again, you may opt in again through the original opt-in method or reply START, where available. For assistance, reply HELP to any message or contact us at info@joinopb.com.

Carriers are not liable for any delayed or undelivered messages.

Our Privacy Notice, which describes how we collect, use, and disclose Personal Information in connection with our text messaging program, is available on our Site here.

9. Intellectual Property Rights

The Site and Content are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to OPB or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.

10. Compliance with Laws

In connection with your access to and use of the Site, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.

11. Restrictions on Your Use of the Site

  • You will not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or Content without OPB’s prior written consent.
  • You will not use the Site for unlawful purposes.
  • You will not submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud or falsify information in connection with your use of the Site.
  • You will not engage in data mining or similar data gathering or extraction activities from the Site. You will not use the Site to harvest email addresses, names, or other information of the users of the Site or to spam other users of the Site.
  • You will not access, use, or copy any portion of the Site or Content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
  • You will not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Site, the servers used to make the Site available, or any other network, computers, hardware, software or systems.
  • You will not engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult.
  • You may not frame, mirror, or circumvent the navigational structure of any part of the Site.
  • You may not upload, distribute, or transmit, or post anything to or through the Site that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another; or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.
  • You may not engage in any conduct while using the Site that OPB considers inappropriate, unauthorized, or contrary to the intended purpose of the Site.

12. Feedback and Other Content Submitted By You

If you submit comments or feedback to us regarding the Site or its Content, or any other comments, questions, requests, content or information that is not personal information (“Feedback”), we may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

13. Social Media

Links to OPB’s social media pages (e.g. Facebook, Twitter, LinkedIn, and YouTube) may be included on the Site (“Social Media Pages”). Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect OPB’s views. We reserve the right to remove anything from our Social Media Pages, in our sole discretion. We may also take steps to block users from access to our Social Media Pages who violate these Terms.

If we follow, like, favorite, share, or re-post an individual's content on our Social Media Pages, that is not an endorsement by OPB of that third party or any service or company they represent.

14. No Warranty

THE SITE AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE.

OPB MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL CONTENT ON THE SITE IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED. OPB DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE OR CONTENT. OPB DOES NOT WARRANT OR GUARANTEE THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE OR CONTENT WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OPB OR ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, VOLUNTEERS, AGENTS, SUPPLIERS, ATTORNEYS OR LICENSORS (TOGETHER, “OPB PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A OPB PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. BY USING THIS SITE AND PURCHASING PRODUCTS OR SERVICES FROM US, YOU AGREE TO RELEASE OPB FROM ANY LIABILITY RELATED TO THE USE OF OUR PRODUCTS OR SERVICES OR RELIANCE ON INFORMATION PROVIDED ON THIS SITE.

YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE OR CONTENT.

WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE OPB PARTIES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

16. Indemnification

YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OPB PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITE OR ANY CONTENT, AND (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITE. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).

17. Third-Party Websites and Content

The Site may link to, or be linked to, websites not maintained or controlled by OPB. Those links are provided as a convenience to the visitors of our Site. OPB is not responsible for examining or evaluating the content or accuracy of third-party websites linked through the Site. OPB does not warrant or endorse any third-party website or any products or services made available through those websites.

When leaving the Site, it is the terms and privacy notice of that third party that govern your use of the third-party site (and such third-party's use of your personal information), not these Terms.

OPB may use third-party platforms or service providers to facilitate class bookings, scheduling, memberships, payments, communications or other services. Your use of those third-party services may be subject to separate terms, conditions and privacy policies established by the applicable provider, and OPB is not responsible for the privacy or other practices of those providers.

The Site may also contain certain third-party Content. We provide third-party content for your convenience, not as an endorsement. The presence of third-party Content does not mean that OPB has reviewed the third-party Content or that there is any association between OPB and any third party. You access third-party Content at your sole risk. OPB has no responsibility for any third-party Content. Nothing in these Terms grants you any rights to any third-party Content.

18. Linking to the Site

You are prohibited from linking to the Site on your website or elsewhere without the prior express written consent of OPB. If OPB grants you a right to link to the Site, certain terms may apply, and OPB reserves the right to revoke such consent at any time. You are responsible for any costs incurred by OPB in enforcing its rights under this Section.

19. Use in the United States

The Site is intended for use in the United States only. We do not guarantee that use of the Site will be available or permitted in any location other than the United States. If you choose to access the Site from a location other than the United States, you do so at your own risk.

THE EXISTENCE OF THE SITE OR ANY CONTENT SHALL NOT BE CONSTRUED AS OPB OR THE OPB PARTIES OFFERING SUCH SITE OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH SITE OR CONTENT IS PROHIBITED BY LAW.

20. Termination

If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Site or Content, and we may restrict your access to your Account or the Site or Content. OPB may suspend or terminate your use of the Site or any Content, in whole or in part, at any time in its sole discretion for any reason.

OPB shall not be liable to you or anyone else for any damages arising from or related to OPB’s suspension or termination of your use or access to the Site or the Content, or in the event OPB modifies, discontinues or restricts the availability of your use the Site or the Content (in whole or in part).

21. Site Unavailability

Without limiting the generality of the previous section, the Site or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.

22. Cooperation with Law Enforcement

OPB will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD OPB AND THE OPB PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.

23. Governing Law

These Terms will be governed by and construed, interpreted, and enforced in accordance with the laws of the State of Missouri without reference to its conflicts or choice of law principles. Any arbitration or court proceeding will take place in Jackson County, Missouri and you hereby consent to the exclusive jurisdiction and venue of the state and federal courts located in Jackson County, Missouri. You irrevocably submit and consent to the personal jurisdiction of such courts.

24. Assignment

We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent. These Terms inure to the benefit of OPB’s successors and assigns.

25. Entire Agreement

These Terms and any terms posted throughout the Site (if any) are the entire agreement between you and OPB with respect to your access to and use of the Site.

26. Waiver

OPB’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by OPB.

27. Severability

If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.

28. Electronic Communications

These Terms and any other documentation, agreements, notices, or communications between you and OPB may be provided to you electronically to the extent permissible by law.

29. Contact Us

Please direct any questions and concerns regarding these Terms to us at info@joinopb.com.