Privacy Policy
Project 61, Inc. (formerly Offshift) · Last updated: July 7, 2026
Privacy Policy
Welcome to Project 61, Inc., a provider of digital health services for transportation.
This policy (the “Privacy Policy”) describes how Project 61, Inc. (“Company”, “we”, “us”, or “our”) collects, uses, and shares your personal information. By “personal information” or any similar terms, we mean any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked with a particular individual that is processed by us in accordance with this Privacy Policy and that is subject to applicable data privacy laws.
This Privacy Policy applies to your access and use of the Company’s software programs, applications, products, websites, tools, data, and documentation (collectively, the “Services”). By using the Services, you agree to this Privacy Policy. If you do not agree, please do not use, or immediately discontinue use of, the Services.
This Privacy Policy was last updated on the date indicated above. We may need to change this Privacy Policy from time to time, and if we do, we will post those changes to this page, so please be sure to check back periodically. Changes are effective when they are posted, and when you continue to use the Services after changes have been posted, you are telling us that you agree to and accept the revised Privacy Policy.
This Privacy Policy covers how we treat Personal Data that we gather when you access or use our Services. “Personal Data” means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information”, “protected health information”, or “personal information” under applicable data privacy laws, rules, or regulations. This Privacy Policy does not cover the practices of companies we don’t own or control or people we don’t manage.
Personal Data We Collect
When you request information from us, interact with us, respond to forms or questionnaires, participate in surveys, provide feedback, or otherwise contact or communicate with us, we collect such communications, which may contain Personal Data.
In addition, we may collect data, Personal Data, in connection with the Services, although we do not have access to, or store, your specific payment information. Our payment processors will collect the information necessary to process your payments in accordance with their respective services agreements and policies. We claim no responsibility or liability for payment transactions.
Such personal information or personally identifiable information may include: first and last name, physical address, email address, and phone number.
Such protected health information may include, for example, weight, medical history, medication information, and subjective health data (e.g., energy levels) and mental health questionnaires.
Information We Automatically Collect: To better understand how you interact with our Services, we and our third-party partners may use cookies, beacons, pixels, tags, scripts or other technologies to automatically collect certain information. Examples are:
- Log and Device Data: When you use the Services, we and our third-party partners may log certain information, such as IP address, device type and version, cookie information, browser type and settings, unique identifiers, network information, and general location information such as city, state, or geographic area.
- Usage Data: When you use the Services, we may collect certain information about your use, such as pages or screens you view, how long you spent on a page or screen, and navigation paths.
How We Use Your Personal Data
We may use information that we collect about you, including Personal Data, as described below:
- To provide and maintain the Services;
- To communicate with you, subject to the communication preferences that you indicate to us;
- For compliance and protection, which may include responding to law enforcement requests, protecting against fraud or other illegal acts, complying with or enforcing our legal or contractual obligations and resolving disputes, and conducting audits;
- For research, development, and analysis, which may include ways to improve the Services;
- To manage our business or perform functions as otherwise described to you at the time of data collection, subject to your consent where legally required;
- For any other business purpose stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws, such as the California Consumer Privacy Act (the “CCPA”).
How We May Share Personal Data We Collect
There are limited circumstances in which we may share personal information with others, as set forth below:
- Business Transfers: We may share or transfer Personal Data with professional services, potential purchasers, or investors in connection with, or during negotiations of, any merger, sale, financing, acquisition, consolidation, bankruptcy, transfer of assets, or reorganization of our Company. We will notify you if a different company will receive your personal information, and this Privacy Policy will apply to your information as transferred to the new entity.
- Affiliates: We may share Personal Data with our corporate affiliates and subsidiaries, if any, for purposes consistent with this Privacy Policy.
- Service Providers, Advisors, Consultants: We sometimes contract with third parties to assist us with providing the Services and communicating with you. When we contract with others to perform functions of this nature, we only provide them with the information that they need to perform their specific function, and they are obligated to protect and secure your information.
- Legal Requirements: We may share Personal Data with relevant law enforcement bodies if we believe that disclosure is reasonably necessary to comply with a law, regulation, valid legal process, or governmental or regulatory request; to enforce applicable terms in this Privacy Policy; to protect the security or integrity of the Services, and/or to protect the rights, property, or safety of the Company, its employees, users, or others; to detect, prevent, or otherwise address security or technical issues, illegal, or suspected illegal activities (including fraud); or as evidence in litigation in which we are involved. If we are going to release your Personal Data, we will do our best to provide you with advance notice, unless we are prohibited by law from doing so.
Non-Personal Data: We may deidentify, aggregate, or anonymize data from the Personal Data you and others make available in connection with the Services such that you are not individually identified, for instance, to analyze use of, identify opportunities to improve, evaluate performance of, and assist with bug reports and troubleshooting for, the Services.
Security
The security of your Personal Data is very important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot guarantee the absolute security of your information. However, we implement reasonable technical, administrative, physical, and organizational measures to protect the data we collect. In the event of a breach, we will take reasonable steps to investigate the situation and, where appropriate, notify affected individuals in accordance with any applicable laws and regulations.
Retention
We retain Personal Data only for as long as is reasonably necessary to provide you with the Services, to perform our legitimate business purposes, to comply with applicable law, and to prevent harm, as described in this Privacy Policy.
Children and Minors
Minors under 16 are not permitted to use the Services without express parental consent to both use the Services and be bound by this Privacy Policy and other applicable agreements. We do not intentionally collect information from minors under 13. If you believe we have collected any personal information from a child younger than 13 years of age, please notify us immediately and we will take reasonable measures to remove that information from our systems.
US Privacy Rights
California Privacy Rights
Data Privacy Rights. Pursuant to the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (“CCPA”), California residents are entitled to certain data privacy rights:
- Right to Know (Specific Pieces of Personal Information). You have the right to know the specific pieces of your personal information that we have collected about you.
- Right to Know (Categories of Personal Information). You have the right to know (i) the categories of personal information we have collected from you; (ii) the categories of sources from which the personal information is collected; (iii) the categories of your personal information we have sold or disclosed for a business purpose; (iv) the categories of third parties to whom your personal information was sold or disclosed for a business purpose; and (v) the business or commercial purpose for collecting or selling your personal information.
- Right to Delete. You have the right to request that we delete your personal information that we have collected and retain.
- Right to Correct. You have the right to request that we correct inaccurate personal information that we have collected and retain.
- Nondiscrimination. You have the right not to be subject to discrimination for asserting your rights under the CCPA.
Submit a Privacy Request. To submit a privacy request, you may contact us using any of the following means: (email) Support@project-61.org or (mail) 10499 Hyde Park, Carmel, IN 46032-8300. An authorized agent must be registered with the California Secretary of State to conduct business in California.
Privacy Request Verification Process. If you (or your authorized agent) make any request related to your personal information, Company will ascertain your identity (and the identity of the authorized agent, to the extent applicable) to the degree of certainty required or permitted under the law before addressing your request. In particular, Company will, to the extent required or permitted by law, require you (or your authorized agent) to verify your request via email, request certain contact information or government identifiers, and we will match at least two pieces of such personal information with data that we have previously collected from you before granting you access to, erasing, or correcting, specific pieces or categories of personal information, or otherwise responding to your request. We may require written documentation that demonstrates a third party is authorized to serve as your agent for the purposes of submitting the requests set forth herein, unless you have provided the authorized agent with power of attorney pursuant to California Probate Code §§ 4121 to 4130. None of the CCPA’s rights are absolute, and such rights are subject to legal and regulatory exceptions and exemptions. For more information about the CCPA, please see: https://oag.ca.gov/privacy/ccpa.
Opt-Out Rights / Do Not Sell My Personal Information. California residents have the right to opt out of the “sale” of their personal information. However, Company does not sell your personal information to third parties for profit or monetary or other valuable consideration, and therefore we do not provide opt-out request processes for the sale of personal information (because we do not undertake such activities).
Opt-Out Rights / Do Not Share My Personal Information. California residents have the right to opt out of the “sharing” of their personal information. Company uses third-party analytical and targeted advertising features on our Site and similar web tools provided by our marketing partners, and such features, tools and marketing relationships involve the disclosure of your personal information to third parties and may constitute the “sharing” of your personal information for CCPA purposes. To opt out of this sharing of your personal information in these circumstances, please click on the cookie management tool to set your cookie preferences. You, or your authorized agent, may also contact us in accordance with the “Contact” section listed below.
Limit Use of Sensitive Personal Information. Company does not use or disclose sensitive personal information for reasons other than those set forth in the CCPA, and therefore we do not provide individuals with the ability to limit how we use or disclose such sensitive personal information.
Colorado Privacy Rights
Data Privacy Rights. Pursuant to the Colorado Privacy Act (CPA), Colorado residents are entitled to the following data privacy rights:
- To confirm whether or not we are processing your personal information and access such personal information, unless such confirmation or access would require us to reveal a trade secret.
- To correct inaccuracies in your personal information, taking into account the nature of the personal information and the purposes of the processing of your personal information.
- To delete personal information provided by, or obtained about, you.
- To obtain a copy of your personal information processed by us, in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance.
Submit a Privacy Request. To submit a CPA privacy request, please contact us in accordance with the “Contact” section below. If you would prefer, you may designate an authorized agent to submit a CPA privacy request on your behalf.
Privacy Request Verification Process. If you make any request related to your personal information, the Company will ascertain your identity (and the identity of the authorized agent, to the extent applicable) to the degree of certainty required or permitted under the law before addressing your request. In particular, before granting you access to, erasing, or correcting, specific pieces or categories of personal information or otherwise responding to your request, the Company will, to the extent required or permitted by law, (i) require you (or your authorized agent) to verify your request via email, (ii) request certain contact information or government identifiers, and (iii) match at least two pieces of such personal information with data that we have previously collected from you. None of your privacy rights are absolute, and such rights are subject to exceptions and exemptions. For more information about the Colorado Privacy Act, please see https://coag.gov/resources/colorado-privacy-act/.
Privacy Requests Appeals Process. If you would like to appeal a decision the Company has made with respect to your privacy request, please email us in accordance with the “Contact” section listed below, with the subject line “ATTN: Privacy Appeals,” and describe the nature of your request, and the reason for requesting an appellate review. You may file privacy complaints with the Colorado Attorney General at: https://coag.gov/file-complaint/.
Opt-Out Rights / The Sale of Personal Information. Colorado residents have the right to opt out of the “sale” of their personal information. However, the Company does not sell your personal information to third parties for monetary consideration or other valuable consideration, and therefore we do not provide opt-out request processes for the sale of personal information (because we do not undertake such activities).
Opt-Out Rights / Targeted Advertising. Colorado residents have the right to opt out of having their personal information used for targeted advertising purposes. The Company uses third-party analytical and targeted advertising features on our Website and similar web tools provided by our marketing partners. To opt out of this sharing of your personal information in these circumstances, please click on the cookie management tool on the footer of the Website to set your cookie preferences.
Opt-Out Rights / Profiling. Colorado residents have the right to opt out of having their personal information used for profiling in furtherance of decisions that produce legal or similarly significant effects. However, the Company does not engage in such activities.
Connecticut Privacy Rights
Data Privacy Rights. Pursuant to the Connecticut Act Concerning Personal Data Privacy and Online Monitoring, also known as the Connecticut Data Privacy Act (CDPA), Connecticut residents are entitled to the following data privacy rights:
- To confirm whether or not we are processing your personal information and access such personal information, unless such confirmation or access would require us to reveal a trade secret.
- To correct inaccuracies in your personal information, taking into account the nature of the personal information and the purposes of the processing of your personal information.
- To delete personal information provided by, or obtained about, you.
- To obtain a copy of your personal information processed by us, in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another controller without hindrance, where the processing is carried out by automated means, provided we shall not be required to reveal any trade secret.
Submit a Privacy Request. To submit a CDPA privacy request, please contact us in accordance with the “Contact” section below. If you would prefer, you may designate an authorized agent to submit a CDPA privacy request on your behalf.
Privacy Request Verification Process. If you make any request related to your personal information, Company will ascertain your identity (and the identity of the authorized agent, to the extent applicable) to the degree of certainty required or permitted under the law before addressing your request. In particular, before granting you access to, erasing, or correcting, specific pieces or categories of personal information or otherwise responding to your request, the Company will, to the extent required or permitted by law, (i) require you (or your authorized agent) to verify your request via email, (ii) request certain contact information or government identifiers, and (iii) match at least two pieces of such personal information with data that we have previously collected from you. None of your privacy rights are absolute, and such rights are subject to exceptions and exemptions. For more information about the Connecticut Data Privacy Act, please see https://portal.ct.gov/AG/Sections/Privacy/The-Connecticut-Data-Privacy-Act.
Privacy Requests Appeals Process. If you would like to appeal a decision Company has made with respect to your privacy request, please email us in accordance with the “Contact” section listed below, with the subject line “ATTN: Privacy Appeals,” and describe the nature of your request, and the reason for requesting an appellate review. You may file privacy complaints with the Connecticut Attorney General at: https://portal.ct.gov/DCP/Complaint-Center/Consumers—Complaint-Center.
Opt-Out Rights / The Sale of Personal Information. Connecticut residents have the right to opt out of the “sale” of their personal information. However, Company does not sell your personal information to third parties for monetary consideration or other valuable consideration, and therefore we do not provide opt-out request processes for the sale of personal information (because we do not undertake such activities).
Opt-Out Rights / Targeted Advertising. Connecticut residents have the right to opt out of having their personal information used for targeted advertising purposes. Company uses third-party analytical and targeted advertising features on our Website and similar web tools provided by our marketing partners. To opt out of this sharing of your personal information in these circumstances, please click on the cookie management tool on the footer of the Website to set your cookie preferences.
Opt-Out Rights / Profiling. Connecticut residents have the right to opt out of having their personal information used for profiling in furtherance of decisions that produce legal or similarly significant effects. However, Company does not engage in such activities.
Nevada Privacy Rights
Company does not currently conduct “sales” of personal information for purposes of Nevada law. Notwithstanding the foregoing, Nevada residents may submit a request directing us to not sell personal information we maintain about them to third parties who will sell or license their information to others. If you would like to exercise this right, please contact us in accordance with the “Contact” section listed below.
Virginia Privacy Rights
Data Privacy Rights. Pursuant to the Virginia Consumer Data Protection Act, Virginia residents are entitled to certain data privacy rights:
- The right to confirm whether or not Company is processing your personal information, and to access such personal information.
- The right to request Company correct inaccuracies in your personal information, taking into account the nature of the personal information and the purposes of the processing of the personal information.
- The right to request Company delete your personal information.
- The right to obtain a copy of the personal information that you previously provided Company in a portable and, to the extent technically feasible, readily usable format that allows it to be transmitted to another entity without hindrance, where the processing is carried out by automated means.
Submit a Privacy Request. To submit a privacy request, you may contact us using any of the following means: (email) Support@project-61.org or (mail) 10499 Hyde Park, Carmel, IN 46032-8300.
Privacy Request Verification Process. If you make any request related to your personal information, Company will ascertain your identity (and the identity of the authorized agent, to the extent applicable) to the degree of certainty required or permitted under the law before addressing your request. In particular, Company will, to the extent required or permitted by law, require you (or your authorized agent) to verify your request via email, request certain contact information or government identifiers, and we will match at least two pieces of such personal information with data that we have previously collected from you before granting you access to, erasing, or correcting, specific pieces or categories of personal information, or otherwise responding to your request. None of Virginia’s privacy rights are absolute, and such rights are subject to legal and regulatory exceptions. For more information on the Virginia Consumer Data Protection Act, see: https://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+SB1392ES1.
Privacy Requests Appeals Process; Complaints. If you would like to appeal a decision Company has made with respect to your data privacy request, please email us at Support@project-61.org with the subject line “PRIVACY REQUEST: APPEALS” and describe the nature of your request, and the reason requesting an appellate review. Virginia residents may file privacy complaints with the Virginia Attorney General (https://www.oag.state.va.us/contact-us/contact-info).
Opt-Out Rights / The Sale of Personal Information. Virginia residents have the right to opt out of the “sale” of their personal information. However, Company does not sell your personal information to third parties for monetary consideration, and therefore we do not provide opt-out request processes for the sale of personal information (because we do not undertake such activities).
Opt-Out Rights / Targeted Advertising. Virginia residents have the right to opt out of having their personal information used for targeted advertising purposes. Company uses third-party analytical and targeted advertising features on our Website and similar web tools provided by our marketing partners. To opt out of this sharing of your personal information in these circumstances, please click on the cookie management tool to set your cookie preferences.
Opt-Out Rights / Profiling. Virginia residents have the right to opt out of having their personal information used for profiling in furtherance of decisions that produce legal or similarly significant effects. However, Company does not engage in such activities.
Contact
If you have any questions about this Privacy Policy or anything related to privacy at Project 61, Inc. or need to access it in an alternative format due to having a disability, please contact us at Support@project-61.org.
Terms of Use
Project 61, Inc. · Last modified on July 7th, 2026
- Agreement. These Terms of Use specifies the terms and conditions for access to and use of offshift.ai (the “Site”) and its services and applications (the “Services”) and is a legal agreement between you and Project 61, Inc. By accessing or using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must cease using the Site.
- Privacy. Your visit to our Site and use of the Services is also governed by our Privacy Policy. Please review our Privacy Policy at https://offshift.ai/privacy-policy/.
- Ownership. All content included on the Site and through the Services is and shall continue to be the property of Project 61, Inc. or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site and/or Services is prohibited, except as expressly permitted in these Terms of Use. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site or the Services.
- Intended Audience. This Site is intended for adults only. This Site and the Services are not intended for any children under the age of 13.
- Site Use. Project 61, Inc. grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site, and is subject at all times to compliance with these Terms of Use.
To access some or all of the Site, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide is correct, current, and complete. You agree that all information you provide in connection with the Site is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, account credentials, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You are responsible for any activities that take place under your username and password. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions thereof using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name, password, or account, or any other breach of security.
We reserve the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. You certify that you have the legal capacity and authority to accept these Terms of Use on your own behalf or on behalf of any party you represent. You further certify that you are legally permitted to use the Site, and you agree to take full responsibility for your activities and interactions with the Site. These Terms of Use are void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
We reserve the right to amend, modify, change, or update the Site at any time in our sole discretion. We will not be liable if for any reason (including but not limited to malfunction, maintenance, repair, or causes beyond our control) all or any portion of the Site are or become unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who may access the Site through your internet connection are aware of these Terms of Use and comply with them.
The Services
To use the Services you may be required to sign up for an account, select a password and user name (“Project 61, Inc. User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Project 61, Inc. User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a “Third Party Account”), such as those offered by Facebook, Google, or Apple. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. By registering for an account with Project 61, Inc., you specifically consent to receiving communications from us via email and text, to the contact information you provide during the registration process. You may opt out of receiving text messages from Project 61, Inc. at any time by replying STOP to any text message you receive from us. Upon receiving your opt-out request, we will send you a confirmation message to confirm that you have been unsubscribed and will no longer receive text messages from us. Please note that opting out of text messages may impact your use of certain Services that require text message communication for full functionality. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You are responsible for maintaining the accuracy and completeness of your contact information and agree to promptly update your account information with any changes to ensure that communications are not sent to the wrong party. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account.
You represent and warrant that you are an individual of legal age to form a binding contract. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services and products you obtain for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party and only in a manner that complies with all laws that apply to you. You will comply with all laws that apply to you, your use of the Services, and your actions and omissions that relate to the Services. If your use of the Services or products is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services or products in a way that breaks the law.
You will not share your Project 61, Inc. User ID, account or password with anyone, and you must protect the security of your Project 61, Inc. User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your Project 61, Inc. User ID and account.
No Medical Advice; Not for Emergencies
Project 61, Inc. does not offer medical advice or diagnoses, or engage in the practice of medicine. Our Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment and are offered for informational and communicative purposes only. The Services are not intended to be, and must not be taken to be, the practice of medicine, nursing, pharmacy or other healthcare advice by Project 61, Inc. The Services are not meant to diagnose or treat any conditions. Only your medical professional can determine the right course of treatment for you and determine what is safe, appropriate and effective based on your needs. Reliance on any information provided by Project 61, Inc. or in connection with the Services is solely at your own risk. You are solely responsible for any decisions or actions you take based on the information and materials available through the Services. Developments in medical research may impact the health, fitness and nutritional advice that may appear on the Services. No assurance can be given that the advice contained in the Services will include accurate or up to date findings or developments.
You acknowledge that although some portion of the Services may be provided by individuals in the medical profession, the provision of such does not create a medical professional/patient relationship between you and Project 61, Inc. or between you and any other individual or entity, and does not constitute an opinion, medical advice, or diagnosis or treatment. Healthcare providers and patients should always obtain applicable diagnostic information from appropriate trusted sources. You should never delay, avoid or disregard professional medical advice because of something you have seen or read in connection with our Services.
THE SERVICES SHOULD NEVER BE USED AS A SUBSTITUTE FOR EMERGENCY CARE. IF YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY YOU SHOULD SEEK EMERGENCY TREATMENT AT THE NEAREST EMERGENCY ROOM OR DIAL 911.
Not a Medical Device
The Services is not a medical device and is not intended to be used as a medical device. Furthermore, the Services are neither regulated nor approved by the U.S. Food and Drug Administration and are not designed to detect or prevent causes of any medical condition. The Services are not a substitute for medical care or adult supervision. You acknowledge, understand and agree that your use of the Services is entirely at your own risk.
Prohibited Uses; Compliance with Laws
You may use the Site and the Services only for lawful purposes and in accordance with these Terms of Use.
You agree not to use the Site and Services:
- 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 United States or other countries);
- In any manner that materially interferes with our activities or overall business or harms any of Project 61, Inc.’s customers, employees, affiliates, agents, contractors, licensors, suppliers, officers or directors;
- To threaten, bypass, or destroy any security mechanism used with or incorporated in the Site or Services;
- To disparage, denigrate, insult, or otherwise make pejorative statements about Project 61, Inc. and/or any of its affiliates, directors, officers, employees, partners, brand, products, or service;
- To send, knowingly receive, upload, download, use, or reuse any material which contains material that may reasonably be considered obscene, defamatory, offensive, abusive, hateful, inflammatory, harassing, violent, or otherwise objectionable;
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
- To impersonate or attempt to impersonate Project 61, Inc., a Project 61, Inc. employee, another user, or any other person or entity;
- To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site or Services, the server on which the Site is stored, or any server, computer, or database connected to the Site or Services;
- To transmit any content, data, or material that contains viruses, spyware, spiders, robots, works, Trojan horses, logic bombs, or any other type of malicious or deleterious programs;
- To transmit any content, data, or material that infringes the intellectual property rights or other personal rights (including privacy) of any third parties; or
- In any manner that can reasonably be considered contrary to Project 61, Inc.’s goodwill, public image and overall reputation.
Monitoring and Enforcement. We may monitor use of the Site and Services to confirm compliance with these Terms of Use and any other applicable Project 61, Inc. policy. We maintain the right to monitor all such usage by any means we deem appropriate at any time in our sole discretion and delete any material we deem illegal, inappropriate, or violative of any Project 61, Inc. or applicable third-party policy. If we discover a violation, we will take whatever action we deem reasonably necessary or appropriate to address such behavior. This may include disclosing the user’s personal information to a third party claiming that such user violated rights (such as intellectual property or privacy rights). It may also include taking legal action (including making a referral to law enforcement). It will most definitely include immediately suspending or terminating your access to the Site. YOU HEREBY WAIVE AND HOLD HARMLESS PROJECT 61, INC., ALONG WITH ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS RESULTING FROM, OR ARISING DIRECTLY OR INDIRECTLY OUT OF, ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES IN CONNECTION WITH INVESTIGATIONS BY EITHER PROJECT 61, INC. OR LAW ENFORCEMENT AUTHORITIES.
Indemnification. You agree to defend, indemnify, and hold harmless Project 61, Inc., its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any action, claim, liability, damage, demand, judgment, award, loss, cost, expense, or fee (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use, your use of the Site, the Services, or any information obtained therefrom.
Disclaimer. YOUR USE OF OUR SITE AND SERVICES IS AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PROJECT 61, INC. NOR ANY PERSON ASSOCIATED WITH PROJECT 61, INC. MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF ANY CONTENT ON OUR SITE AND SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER PROJECT 61, INC. NOR ANYONE ASSOCIATED WITH PROJECT 61, INC. REPRESENTS OR WARRANTS THAT THE SITE AND SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL OR DESTRUCTIVE COMPONENTS, OR THAT THE SITE OR SERVICES WILL OTHERWISE MEET YOUR NEEDS, EXPECTATIONS, OR REQUIREMENTS. PROJECT 61, INC. HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PROJECT 61, INC., ALONG WITH ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING TORT, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY THIRD-PARTY SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITE, 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, AND/OR LOSS OF DATA.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT LIABILITY CANNOT BE EXCLUDED OR LIMITED AS SET FORTH ABOVE, IN NO EVENT SHALL PROJECT 61, INC. OR ANY PERSON ASSOCIATED WITH PROJECT 61, INC. BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, IN EXCESS OF ONE HUNDRED DOLLARS ($100).
- Use of Information. Project 61, Inc. reserves the right, and you authorize us, to use all information regarding the Site and Services used by you and all information provided by you in connection with such use in any manner consistent with our Privacy Policy.
- Reliance on Information. The information presented on or through the Site and Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. 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 user of the Site or Services.
- Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is Jeremy Reymer, who can be reached as follows:
By Phone: (317) 339-5618
By E-mail: Support@project-61.org
- Severability. If any provision of these Terms of Use shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect.
- Waiver. The failure of Project 61, Inc. to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. Any waiver of these Terms of Use by Project 61, Inc. must be in writing and signed by an authorized representative of Project 61, Inc.
- Termination. Project 61, Inc. may terminate these Terms of Use at any time, with or without notice, for any or no reason, including without limitation, any violation of these Terms of Use.
- Jurisdiction. These Terms of Use or any dispute arising from these Terms of Use are governed by the laws of Delaware, without regard to provisions of conflicts of law.
- Entire Agreement; Changes to Terms. These Terms of Use constitutes the entire agreement between you and Project 61, Inc. and governs the terms and conditions of your use of the Site and Services, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Project 61, Inc. with respect to the Site and Services. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Site or Services. Project 61, Inc. may revise these Terms of Use at any time by updating these Terms of Use and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of our Site and Services after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
- Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Project 61, Inc. may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms of Use shall otherwise remain in full force and effect and enforceable. You and Project 61, Inc. agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Project 61, Inc., and that these Terms of Use supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Use. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Project 61, Inc., and you do not have any authority of any kind to bind Project 61, Inc. in any respect whatsoever.
Except as expressly set forth in the section you and Project 61, Inc. agree there are no third-party beneficiaries intended under these Terms of Use.
Your Comments and Concerns. All feedback, comments, requests for technical support, notices, and other communications relating to the Site should be directed to Project 61, Inc. via email at Support@project-61.org.
Waiver of Liability and Release Agreement
- Acknowledgment of Risk. I, the undersigned participant, acknowledge that my participation in the wellness plan (“Project 61, Inc.”) is voluntary and that it may involve physical activities, dietary recommendations, and other wellness-related guidance. I understand that these activities may involve inherent risks, including but not limited to physical exertion, slips, falls, strains, or other injuries. I affirm that I am voluntarily participating in the Program with full knowledge of these risks.
- Non-Work-Related Disclaimer. I acknowledge and agree that any injuries or health issues that may arise from my participation in the Program are not job-related and do not qualify as work-related injuries under any workers’ compensation, disability, or similar laws. I understand that my participation in this Program is separate from my employment duties and is not a requirement of my employer. I confirm that I am participating in the Project 61, Inc. program entirely of my own volition and that my employment status, compensation, and benefits are in no way contingent upon my participation.
- Assumption of Risk. I assume full responsibility for any risks, injuries, or damages that I may sustain as a result of participating in the Program, including those that may result from the negligence of the employer, wellness program facilitators, or any affiliated individuals or entities. This assumption of risk includes any exacerbation of pre-existing conditions that may occur as a result of my participation in the Program.
- Release and Waiver of Liability. I hereby release, waive, and discharge the Company, its officers, employees, agents, and representatives from any and all claims, demands, liabilities, damages, and causes of action arising out of or in connection with my participation in the Program. This waiver extends to any future claims that may arise from my participation in the Program, to the fullest extent permitted by law.
- Medical Disclaimer. I understand that the Program is not a substitute for medical advice, diagnosis, or treatment. I acknowledge that I have been advised to consult with my healthcare provider before beginning any wellness-related activities and hereby certify that I have consulted with my healthcare provider before beginning any wellness-related activities and have received clearance to participate in such activities. I further agree to immediately cease any activity that causes unusual discomfort or exceeds my physician’s recommendations.
- Indemnification. I agree to indemnify and hold harmless the Company from any claims, damages, or expenses, including attorney fees, arising from my participation in the Program. This indemnification extends to any claims brought by third parties resulting from my actions while participating in the Program.
- Severability. If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- Binding Effect and Governing Law. I understand and agree that this document constitutes a binding legal agreement. This agreement shall be governed by and construed in accordance with the laws of the State of California. Any disputes arising under this agreement shall be resolved in the courts of California.
- Acknowledgment and Signature. I have carefully read and fully understand this Waiver of Liability and Release Agreement. I voluntarily agree to its terms and acknowledge that I am waiving certain legal rights.
We encourage you to review all of the updated terms that apply to you.
Your continued use of our website, mobile app, and coaching is your agreement to these updated terms and policies. If you have questions, please email Support@project-61.org.