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Privacy Policy

Last Updated: 11/22/25

PREAMBLE

PLEASE READ THESE TERMS AND ANY SPECIFIC AND/OR SUPPLEMENTAL TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITE OR ANY PHYZI SERVICES. THESE TERMS GOVERN YOUR USE OF THE PRODUCTS IN GENERAL. BY USING THE WEBSITE AND/OR SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND ANY SPECIFIC AND/OR ADDITIONAL & SUPPLEMENTAL TERMS AND CONDITIONS.

UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING OR PROPOSED CLASS ACTION LITIGATION.

  1. Acceptance of the Terms of Use

Ivy League Entertainment, LLC (d/b/a Phyzi) and/or its affiliates and subsidiaries (collectively, “Company”, “Phyzi” “we” or “us”) are pleased to provide to you certain websites, content, products, and services (“Services”), which may be branded Phyzi, or another brand, mark or indica owned by or otherwise licensed or controlled by Phyzi. These terms of use are entered into by and between You and Phyzi. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Agreement”, "Terms of Use" or “Terms”), govern your access to and use of our Services, including any content, functionality and services offered on or through https://phyzi.io/ (the "Website"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. 

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

You acknowledge and agree that we may enter into certain arrangements with third-party sites, platforms vendors, partners, or service providers (collectively, “Third Party Vendors”) and that some products, promotions, or services offered through the Website (the “Services”) may have additional terms and conditions, including third-party terms and conditions and privacy policies (“Additional Terms”).  Such Third Party Vendors include, but are not limited to, Shopify, Inc. (whose Terms of Service are located here: https://www.shopify.com/legal/terms) among others. 


By using a Phyzi product or service, you agree to any applicable Additional Terms, as may be amended or added to from time to time. For the purposes of these Terms, such third-party products or services are subject to these Terms as well as any Additional Terms and the applicable flow-through provisions. If you do not agree to abide by the applicable terms for any such Phyzi or third-party products or services, then you should not use such Phyzi or third-party products or services. To the extent that the Additional Terms conflict with these Terms, these Terms will govern to the extent applicable to the Website. Each transaction made through the Website may be managed and recorded on a network and may be processed by Third Party Vendors, rather than by Us. We are not liable for any loss, damage or harm that you may incur as a result of such transactions or in connection with any websites, services, tools, applications, smart contracts, or application programming interfaces that are provided by any Third-Party Vendors (collectively, “Third Party Services”). Except as expressly set forth herein, the Additional Terms of the applicable Third-Party Vendor govern the transactions that are effectuated on the applicable Website, network or platform, including any related decentralized technologies, payment processing technologies or wallet as a service technology of any Third-Party Vendor.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.


  1. Your Submission.

In order to use certain features of the Site (for example, purchasing merchandise from the Site, you must create an order/client submission to with Phizy (“Submission”) and provide certain information about yourself. You represent and warrant that: (a) all required information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you own all rights to or have permissions to submit for purchase and production any materials, or intellectual property submitted by You to Phyzi for production and (d) your use of the Site does not violate any applicable law or regulation or these Terms. The Company may reject or terminate your Submission at any time, for any reason, in our sole discretion. 

You are responsible for maintaining the confidentiality of your Submission, including any reference information. You are fully responsible for all activities that are associated with your Submission (including but not limited to any purchases, use of the Site, or correspondence with the Company). You agree to immediately notify the Company of any unauthorized use or suspected unauthorized use of your Submission or any other breach of security. When you provide the Company with such notice, the Company will terminate your submission and request you resubmit your order request to prevent future unauthorized activity. 

  1. Site Content.

Content on the Site that is provided by the Company or its licensors, including certain graphics,  photographs, images, screen shots, text, phonographic recordings, digitally downloadable files, trademarks, logos, product  and program names, slogans, articles, data, code, videos and the compilation of the foregoing  (“Site Content”) is the property of the Company and its licensors, and is protected in the United  States and internationally under trademark, copyright, and other intellectual property laws. The Phyzi logo and any Phyzi product or service names, logos, or slogans that may appear on the Site or elsewhere are trademarks of Phyzi or our affiliates, and may not be copied, imitated or used, in whole or in part, without our prior written permission. 

You may not use any Site Content or link to the Site without our prior written permission. You may not use framing techniques to enclose any Site Content without our express written consent.  In addition, the look and feel of Site Content, including without limitation, all page headers, custom graphics, button icons, and scripts constitute the service mark, trademark, or trade dress of Phyzi and may not be copied, imitated, or used, in whole or in part, without our prior written permission. 

  1. Terms of Sale.

Merchandise and Pricing. All merchandise or listed on the Site is subject to change, as is merchandise information, pricing, and availability. In the event certain merchandise is listed at an incorrect price or with incorrect information, we shall have the right, prior to the acceptance of  your order (as described below), to decline or cancel any such orders, whether or not the order  has been confirmed and/or your debit, credit card, Google Pay, Meta Pay, Apple Pay, Bancontact,  iDEAL, or Shop Pay account (each a “Payment Account”) has been charged. If your Payment Account has already been charged for the order and we cancel your order, we will issue a credit to your Payment Account in the amount of the charge. 

Payment Terms. For any merchandise you order on the Site, you agree to pay the price applicable for the merchandise as of the time you submitted your order, the delivery fees for the delivery service you select (“Delivery Fees”), and any applicable Taxes (defined below). The Company will automatically bill your Payment Account submitted as part of the order process for such amounts within five days of the order date, and you hereby authorize us to do so. Your payment will be processed in USD$. If your order is being shipped to an address outside of the US, your total price may differ depending on variations in currency conversion rates and any foreign transaction fees applied by your payment provider. Please see our Shipping Policy below for a list of countries and territories where we may ship your merchandise. Shipping is not available to all countries and territories.

You will be solely responsible for payment of all taxes (other than taxes directly imposed on the Company’s business activity in a state, such as income taxes), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by the Company.  

Your Order. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We reserve the right to limit product quantities on orders placed by any Submission, on orders placed by the same method of payment, and on orders that use the same billing or shipping address. We reserve the right to, in our sole discretion, restrict or prohibit purchases of any products to previous customers who have submitted orders requesting infringing or unlicensed materials to be produced. We may require additional verifications or information before accepting any order. Your order is not accepted until it is shipped (or a portion of the order is shipped). Notwithstanding the foregoing, you agree that, if we cancel all or a part  of your order, your sole and exclusive remedy is that we (a) issue a credit to your Payment Account  in the amount charged for the canceled portion (if your credit card has already been charged for  the order) or (b) not charge your Payment Account for the canceled portion of the order. 

Shipping Policy. Some products may be limited only to the US. Any delivery dates provided by the Company are estimates. The Company reserves the right to make deliveries in installments. The Company will send you an email when your order has shipped, and you may review your order and shipping & handling information via email confirmation from Phyzi. The company ships within the U.S. (excluding PO Box), and to countries outside of the U.S., except we do not ship to  Afghanistan, Belarus, Central African Republic, Comoros, Equatorial Guinea, Falkland Islands,  Guinea-Bissau, Mayotte, Myanmar (Burma), Nauru, Niue, North Korea, Russia, Sierra Leone, Solomon Islands,  Somalia, South Sudan, St. Helena, St. Pierre & Miquelon, Sudan, Tajikistan, Tokelau, Turkmenistan,  Tuvalu, Ukraine, Uruguay, or Yemen. Legal title to, right of possession, and risk of loss or damage to or destruction of the products purchased shall transfer to customer upon the Company’s delivery to carrier at shipping point.  

Return Policy. All merchandise is final sale and non-refundable. We do not accept returns or exchanges of merchandise, unless your merchandise is damaged (see below). 

Damaged Merchandise. If merchandise arrives damaged (“Damaged Merchandise”), the Company will accept returns for a full refund only in accordance with the Return Procedures below.  Once we confirm that you received Damaged Merchandise that was returned in accordance with  the Return Procedures below, your sole and exclusive remedy is that (a) we will issue a refund to  your Payment Account in the amount charged for the Damaged Merchandise (if your Payment  Account has already been charged for the merchandise) or (b) we will not charge your Payment  Account for the Damaged Merchandise. The refunded amount will include the applicable Delivery Fees. 

Intellectual Property.

Other than Site Content, all other trademarks, product names, and logos on the Site are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder. Without limiting the foregoing, if you believe that third-party material submitted for production to the Site infringes your copyright or trademark rights, please file a notice of infringement by submitting to us documentation including: 

  • Your physical or electronic signature, attesting that the following is true and accurate.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law, and accurate chain of title documentation evidencing the foregoing. 
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. 

We hereby grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site Content. In return, you agree not to engage, or assist, in any activity that violates any law, statute, ordinance, regulation, or sanctions program, including but not limited to the U.S.  Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or that involves proceeds of any unlawful activity; not to engage in any other activity or behavior that poses a threat to Ivy League Entertainment, LLC, (e.g., by distributing a virus or other harmful code, or through unauthorized access to the Site and not to interfere with other users’ access to or use of the Services). 

You also agree not to: (1) distribute, publish, broadcast, reproduce, copy, retransmit, or publicly  display any Site Content; (2) modify or create derivative works from the Site Content, or any  portion thereof; (3) use any data mining, robots, or similar data gathering or extraction methods  on the Site Content; (4) download any portion of the Site Content, other than for purposes of  page caching, except as expressly permitted by us. 

If you are unsure whether a contemplated use of the Site Content and its content would violate these Terms, please contact us at legal@phyzi.io .  

  1. Privacy.

You acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with this Section and applies to information we collect:

  • On this Website. In email, text, and other electronic messages between you and this Website.
  • Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
  • When you provide information through any of our services or applications where our Terms apply, whether on our social media channels, digital properties or on applications we make available on third-party sites or platforms.
  • When you provide information or any information that is collected by us offline in our physical events, such as at musical tours, access events, trade shows, and promotional events, or through our customer support.

This Section does not apply to information collected by:

  • Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or through the Website. 


  1.  Children Under the Age of 18. Our Website is not intended for minors under 18 years of age. No one under age 18 may provide any personal information to or on the Website. We do not knowingly collect personal information from minors under 18. If you are under 18, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a minor under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a minor under 18, please contact us at


  1. Information We Collect About You and How We Collect It.  


We collect several types of information from and about users of our Website, including information:

  • By which you may be personally identified, such as name, postal address, email address, telephone number, government photo. or any other identifier by which you may be contacted online or offline ("personal information");
  • That is about you but individually does not identify you, such as IP address, demographic data, nickname, gender, clothing size, IP address, browser user-agent, avatar; and/or
  • About your internet connection, the equipment you use to access our Website, and usage details. 

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
  • From third parties, for example, our business partners.


  1. Information You Provide to Us. The information we collect on or through our Website may include:
  • Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.
  • Records and copies of your correspondence (including email addresses), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.

You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

  1. Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
  • Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Click here for information on how you can opt out of behavioral tracking on this website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Website according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Website.


  1. The technologies we use for this automatic data collection may include:
  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. For information about managing your privacy and security settings for cookies, see Choices About How We Use and Disclose Your Information.
  • Web Beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). 

We do not collect personal information automatically, but we may tie non-personal information collected automatically to personal information about you that we collect from other sources or that you provide to us.

  1. Third-Party Use of Cookies and Other Tracking Technologies. Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. 

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

  1. How We Use Your Information
  • We use information that we collect about you or that you provide to us, including any personal information:
  • To present our Website and its contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your Submission, including expiration and renewal notices.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Website or any products or services we offer or provide though it.
  • To allow you to participate in interactive features on our Website.
  • To conduct our marketing and advertising, including online behavioral advertising, or interest-based advertising. 
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

We may also use your information to contact you about our own and third-parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on our Data Subject Access Request Form available here. For more information, see Choices About How We Use and Disclose Your Information.

We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

  1. Facebook Pixel Usage and Data Collection. We utilize Facebook ads conversion tracking (Facebook pixels), a tool provided by Facebook, Inc. (1 Hacker Way, Menlo Park, CA 94025, USA, or, if you are based in the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook"), to enhance our online advertising efforts and provide a better user experience for our visitors and customers. By visiting our website, using our Services or otherwise interacting with our online advertisements, you agree to the collection and use of information in accordance with this Privacy Policy.

 

  1. Types of Data Collected. Facebook Pixel allows us to collect various types of data, including but not limited to:
  • Conversion Data: We track conversions on our website, such as purchases, sign-ups, form submissions, or other actions deemed valuable to us. This data helps us measure the effectiveness of our Facebook ad campaigns.
  • Custom Audience Data: We create custom audiences based on specific actions users take on our website, such as visiting certain pages or completing specific events. This enables us to deliver more relevant ads to our audience on Facebook and Instagram.
  • Dynamic Ads Data: We use dynamic ads that automatically show products to people who have expressed interest in them on our website. This data is used to personalize ad content and improve ad relevancy.
  • Optimization Data: Facebook Pixel helps us optimize our ad campaigns for specific goals, such as conversions or link clicks. This includes automatic adjustments to target audiences and ad placements based on user interactions.
  • Event Tracking Data: We track specific events or actions on our website, such as button clicks, video views, downloads, or page views. This data provides insights into user behavior beyond just conversions.
  • Cross-Device Data: Facebook Pixel enables us to track user behavior across different devices, allowing us to understand how users interact with our website and ads on various platforms and devices.
  1. Use of Data. We use the data collected through Facebook Pixel for the following purposes:
  • To measure the effectiveness of our Facebook ad campaigns and optimize ad performance.
  • To create custom audiences and deliver more relevant ads to our target audience.
  • To track user interactions on our website and improve the user experience.
  • To attribute conversions to different touchpoints along the customer journey.
  • To gain insights into user demographics, interests, and behaviors for audience segmentation and targeting.

The data collected in this way is anonymous to us, i.e. we do not see the personal data of individual users. However, this data is stored and processed by Facebook, which is why we are informing you, based on our knowledge of the situation.

Facebook may link this information to your Facebook account and also use it for its own promotional purposes, in accordance with Facebook's Data Usage Policy https://www.facebook.com/about/privacy/. You can allow Facebook and its partners to place ads on and off Facebook. A cookie may also be stored on your computer for these purposes.

The legal basis for the use of this service is Art. 6 paragraph 1 sentence 1 letter f GDPR. You can object to the collection of your data by Facebook pixel, or to the use of your data for the purpose of displaying Facebook ads by contacting the following address: https://www.facebook.com/settings?tab=ads.

Facebook is certified under the Privacy Shield Agreement and thus guarantees compliance with European data protection legislation (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active). 

  1. Your Choices. You have the option to control how your data is used for advertising purposes through your Facebook ad preferences. You can also opt-out of certain data collection and tracking by adjusting your browser settings or using opt-out mechanisms provided by Facebook.

For more information about Facebook's data practices and your privacy rights, please refer to Facebook's Data Policy and Privacy Settings.


  1. Disclosure of Your Information. We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. 

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Ivy League Entertainment, LLC's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Ivy League Entertainment, LLC about our Website users is among the assets transferred.
  • To third parties to market their products or services to you if you have not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. For more information, see Choices About How We Use and Disclose Your Information.
  • To fulfill the purpose for which you provide it. For example, if you give us an email address to use the "email a friend" feature of our Website, we will transmit the contents of that email and your email address to the recipients.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply these terms of use and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Ivy League Entertainment, LLC, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

The categories of personal information we may disclose include:

  • Name, postal address, email address, demographic data (e.g. gender, age, marital status, etc.) telephone number and government photo.


  1. Choices About How We Use and Disclose Your Information. We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information: 
  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by checking the relevant box located on our Data Subject Access Request Form available here.
  • Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by checking the relevant box our Data Subject Access Request Form available here. For this opt-out to function, you must have your browser set to accept all browser cookies.

We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

Residents of certain states, such as California, may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.

  1. Accessing and Correcting Your Information. You may send us an email at legal@phyzi.io to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Residents of certain states, such as California, may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.

  1. Your State Privacy Rights. State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. 
  2. Notice for California Residents. This notice to California residents is provided under California law. It provides our “Notice at Collection,” provides certain mandated disclosures about our treatment of California residents’ information, both online and offline, explains your privacy rights, and provides our “Notice of Financial Incentives.”
  3. NOTICE AT COLLECTION. We may collect the following categories of personal information (as defined in the California Consumer Privacy Act (CCPA) and the California Customer Records statute), including sensitive personal information (as defined in the CCPA):
  • Identifiers, such as name, email address, username and password, postal address, telephone number, signature, government-issued identifier, license plate number, IP address, and other similar identifiers.
  • Characteristics of protected classifications and demographic information, such as gender, age, race, disability status, sexual orientation, gender identity, military/veteran status, marital status, national origin, and medical information.
  • Commercial information, including information about your interests and consuming history or tendencies, such as products or services considered; transaction information when you request information, contact support, or purchase, return, request or exchange a product or service, including payment card information or other financial information; information provided in response to surveys or other research conducted on our behalf; and information you provide in public forums.
  • Internet or other electronic network activity information, including information regarding your interactions with us online and information we obtain from third parties about use of our applications on third-party platforms or devices.
  • Geolocation data, including precise or approximate location information provided by a mobile device or other device or product interacting with or detected by our sites, applications, or physical properties, where we are permitted by law to process this information.
  • Audio, electronic, visual, or similar information, including telephone call recordings, other voice recordings, and still or video images captured by cameras or readers on or around our physical properties.
  • Inferences based on the above.

We collect this information so that we can best serve you, including to fulfill your requests and to share offers or information that we think you may be interested in. As further described in the “How We Use Your Information” section in our Privacy Policy, we generally collect and use the above-listed categories of personal information to provide and manage our sites, applications, products, and services, and for other business or commercial purposes, such as advertising, marketing, and to improve our products and services.

Certain data collection on our sites and applications by third parties for purposes of interest-based advertising and social media tools may be a “sale” or “sharing” under California privacy law. As defined by California law, we “sold” or “shared” certain data elements within the following categories of personal information: identifiers, demographic information, commercial information, Internet or other electronic network activity information, approximate geolocation, and inferences drawn from the above.

If you would like to opt out of the sale or sharing of your personal information, you may click the “Request to Opt out of Sale” option located in our Data Subject Access Request Form available here. Please note that your opt-out choice is specific to the digital property and to the device and browser you are using. 

We retain each category of personal information that we collect for as long as necessary to fulfill the purposes described in our Privacy Policy, including to satisfy legal or reporting requirements. What this means in practice will vary for different types of information, but the criteria assessed in the data retention analysis take into account ongoing business or legal needs for the information, for example in relation to tax, health and safety, and potential or actual disputes or investigations.

More information, including a description of your legal rights, can be found in the “California Privacy Rights” section below.

  1. Additional Privacy Rights for California Residents. We collected the following categories of personal information in the last 12 months: identifiers, characteristics of protected classifications and demographic information, commercial information, Internet or other electronic network activity information, geolocation data, audio, electronic, visual or similar information, and inferences drawn from the above.

The sources of personal information from whom we collected are: directly from our guests, third-party sites or platforms that you link with your submission, analytics tools, social networks, advertising networks, and third-party services that update or supplement information we hold about you.

The business or commercial purposes of collecting personal information are as summarized in our “Notice at Collection” section, and as described in more detail in our Privacy Policy.

The business or commercial purposes of “selling” or “sharing” personal information is to assist us with advertising, marketing, audience measurement, and other functionality on our digital properties.

We do not “sell” or “share” the personal information of known minors under 16 years of age.

We do not use or disclose sensitive personal information for purposes other than those specified in Section 7027(m) of the CCPA regulations.

“Sales” of Personal Information under the CCPA. In the preceding twelve months, we have not “sold” any personal information (as defined by the CCPA), nor do we have actual knowledge of any “sale” of personal information of minors under 16 years of age.

Cross-Context Behavioral Advertising under the CCPA. In the preceding twelve months, we have not “shared” any personal information for “cross-context behavioral advertising” (as such terms are defined in the CCPA), nor do we have actual knowledge of any “sharing” of personal information of minors under 16 years of age for “cross-context behavioral advertising”.

  1. YOUR CALIFORNIA PRIVACY RIGHTS
  2. Right to Know

You have the right to request that we disclose to you the categories of personal information we have collected about you, as well as the sources of such personal information, the purposes, and the categories of third parties with whom such personal information is shared.

  1. Right to Access

You have the right to request, up to two times each year, access to categories and specific pieces of personal information about you that we collect, use, disclose, sell, and share.

  1. Right to Delete

You have the right to request that we delete personal information that we collect from you, subject to applicable legal exceptions.

  1. Right to Correct

You have the right to request that we correct inaccurate personal information that we maintain about you, subject to applicable legal exceptions.

  1. Right to Opt Out of Sale or Sharing of Personal Information

You have the right to “opt out” of the “sale” or “sharing” of your “personal information” to or with “third parties” (as those terms are defined by applicable law).

  1. Removal of Content

If you are a California resident under the age of 18, and a registered user of any site where this policy is posted, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted.

  1. Shine the Light

California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by certain members of Phyzi to third parties for the third parties’ direct marketing purposes. Phyzi does not share guests’ personal information with other companies for those parties’ direct marketing use unless a guest elects that we do so.

  1. Right Not to Receive Discriminatory Treatment

You have the right not to receive discriminatory treatment for the exercise of your privacy rights. If you choose to exercise any of these rights, you will not receive different prices or quality of services unless permitted by applicable law, including if those differences are reasonably related to your information. For example, if you exercise your right to opt out of “sale” or “sharing” of your” personal information,” the ads you view may not be tailored to your interests.

  1. EXERCISING YOUR CALIFORNIA PRIVACY RIGHTS
  2. Making Requests to Know, Access, Delete, or Correct Your Personal Information

To make a request to know or to make an access, deletion, or correction request, please submit a request using our Data Subject Access Request Form available here. Before completing your request, we may need to verify your identity. We will send you a link to verify your email address and may request additional documentation or information solely for the purpose of verifying your identity.

  1. Making Requests to Opt Out of the Sale or Sharing of Personal Information

To submit a request to “opt out” of the “sale” or “sharing” of your “personal information,” you may click the “Request to Opt out of Sale” option located in our Data Subject Access Request Form available here.

  1. Instructions for Using an Authorized Agent to Make Requests

You may use an authorized agent to submit a request to know or an access, deletion, correction, or opt-out request on your behalf. An authorized agent must have your signed permission to submit a request on your behalf or provide proof that they have power of attorney in accordance with applicable law. Before completing requests from authorized agents, we may contact you directly to confirm you’ve given your permission and/or to verify your identity. Authorized agents may submit requests legal@phyzi.io.

  1. Making Requests for Removal of Content

California residents under the age of 18 may make requests to remove content by sending an email with a detailed description of the specific content or information to be removed to legal@phyzi.io. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.

  1. Making Shine the Light Request
  2. to make a request for information under the Shine the Light Act, please send an email to legal@phyzi.io.
  3. CONTACT INFORMATION. If you have a question about our privacy policies and information practices, please send an email to legal@phyzi.io.
  4. Notice for Nevada Residents. If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties who intend to license or sell that personal information. You can exercise this right by contacting us as at legal@phyzi.io with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your Submission. Please note that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A.
  5. Notice for EU & UK Residents: This privacy notice should be read in conjunction with our Privacy Policy.

How we use your personal data and your rights:

  1. When you visit, shop or register with this Website, Phyzi or use any Phyzi online product, service or mobile application, your personal data is controlled by Ivy League Entertainment, LLC of Oklahoma.
  2. Your personal data is primarily used to provide you with the Phyzi products and services you request. It may also be used to comply with legal obligations we are subject to or to fulfill our legitimate interests, such as to personalize your experience, develop and improve our services or to detect illegal activities. With your prior consent, it may also be used to send you offers and promotions.
  3. You have a number of rights including the right to request access to, change, or remove your personal data, or to change your marketing preferences (including withdrawing your consent at any time) – please see our Privacy Policy to learn more about managing your marketing preferences or deleting your Submission.
  4. Our Data Protection Officer can be contacted by emailing legal@phyzi.io.
  5. If you are in the EU, you may reach us through our Data Subject Access Request Form available here or by emailing legal@phyzi.io.
  6. You have a right to lodge a complaint with your local Data Protection Supervisory Authority or with the UK Information Commissioner’s Office: https://ico.org.uk/for-the-public.
  7. For more information about Phyzi data collection and use practices please read the rest of our Privacy Policy.


  1. Data Security. We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. 

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

  1. Changes to Our Privacy Policy. It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you by email to the primary email address specified in your order submission and/or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.
  2. Contact Information. To ask questions or comment about this privacy policy and our privacy practices, contact us at: legal@phyzi.io. To register a complaint or concern, please refer to the Section 15 - DISPUTES of our Website Terms of Use. 
  3. Third Party Services & External Links.

The Site may allow you to access or interact with apps, websites, materials, products or services made available by others (“Third Party Services”). By connecting to Third Party Services, you agree that we may exchange information and data with the Third-Party Services consistent with our Privacy Policy. We do not control, endorse, and are not responsible for, any Third-Party Services, including their accuracy, integrity, quality, legality, usefulness or safety. The Company has no obligation to monitor Third Party Services and may block or disable access to them at any time.  You should contact the operator of the Third-Party Service with any questions about their Third-Party Services. 

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIRD-PARTY SERVICES IS AT YOUR OWN RISK AND SUBJECT TO ANY TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD-PARTY SERVICES. 

  1. Modifications.

You agree and understand that we may modify part or all of this Site or any of the services provided through the Site without notice, and that we may update these Terms and any other document incorporated by reference therein at any time. The Company reserves the right to make these changes without notice. You are responsible for regularly reviewing these Terms, and your continued use of the Site following any changes indicates your acceptance of those changes. 

  1. Accessing the Website and Submission Security. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by Section 5 hereinabove, and you consent to all actions we take with respect to your information consistent with Section 5.

If you choose, or are provided with, a username, password 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.

We have the right to disable any username, 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 may need a high-speed Internet connection and/or minimum system and/or browser requirements to access and use certain aspects of the Services.

When you access the Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Services may be prohibited or restricted by your network provider and not all Services may work with your network provider or device.

  1. Intellectual Property Rights. This Website and its 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) and our Services, including, but not limited to, audiovisual media, phonorecords, literary content, code, images and artwork, are our copyrighted, patented or trademarked property or the copyrighted, patented or trademarked property of our licensors and all copyrights, trademarks, service marks, trade names, trade dress, patents and other intellectual property rights in the Phyzi Services are owned by us or our licensors (who may be third-party beneficiaries of this contract) and protected by the copyright, trademark, patent and other laws of the United States and international treaties.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website or Services, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

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

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. 

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

  1. Trademarks. The Company name, the terms Phyzi, Ivy League, their respective logos and all related names, logos, indica, product and service names, designs and slogans are the  trademarks of the Company or its affiliates or licensors. You shall not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
  2. Prohibited Uses. You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. 
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.
  1. Reliance on Information Posted. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness 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 visitor to the Website, or by anyone who may be informed of any of its contents.

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

  1. Disclaimers. 

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY IVY LEAGUE, LLC, THE SITE AND ANY SITE CONTENT CONTAINED THEREIN, AND ANY AND ALL MERCHANDISE LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. PHYZI (AND ITS SUPPLIERS, LICENSORS, LOGISTICS PARTNERS) MAKE NO WARRANTY THAT THE SITE OR MERCHANDISE WILL (1) MEET YOUR REQUIREMENTS; (2) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (3) BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. 

PHYZI WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SITE. PHYZI DOES NOT REPRESENT OR WARRANT THAT THE SITE OR SITE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. 

WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND SITE CONTENT SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE OR SITE CONTENT, OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. 

Nothing in these Terms shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 

ANY MERCHANDISE OR PRODUCTS DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE PLATFORM IS NOT AN OFFER OR SOLICITATION BY ANYONE TO ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION. 

  1. Governing Law and Jurisdiction All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Oklahoma without giving effect to any choice or conflict of law provision or rule (whether of the State of Oklahoma or any other jurisdiction). 

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website that is not subject to arbitration, shall be instituted exclusively in the federal courts of the United States or the courts of the State of Oklahoma, in each case located in the City of Oklahoma and County of Oklahoma County, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  1. DISPUTES. PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Phyzi will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings. 

 You and Phyzi agree to arbitrate, as provided below, all Disputes between you (including any related disputes involving Ivy League Entertainment, LLC, its subsidiaries or its affiliates), that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights. “Dispute” includes any dispute, action, or other controversy, whether based on past, present, or future events, between you and us concerning the Services, Additional Terms, or these Terms of Use, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and Phyzi empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of this Agreement are void or voidable.

In the event of a dispute, you or Phyzi must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to Phyzi, 415 NW 23rd Street, Oklahoma City, OK 73103. We will send any notice of dispute to you at the contact information we have for you. You and Phyzi will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, you or we may commence an arbitration proceeding. You may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.

If you and Phyzi do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352-5267. Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in either Oklahoma City, Oklahoma or the borough of Manhattan, New York, New York, whichever is more convenient for you; provided, however, that if circumstances prevent you from traveling to Oklahoma City or New York, JAMS may hold an in-person hearing in your hometown area. You and Phyzi agree to submit to the exclusive jurisdiction of the federal or state courts located in either Oklahoma City, Oklahoma or the borough of Manhattan, New York, New York, whichever is more convenient for you, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.

Except as provided above with respect to jurisdiction in Oklahoma City, Oklahoma and Manhattan, New York, New York, nothing in this arbitration provision shall be construed as consent by Phyzi to the jurisdiction of any other court with regard to disputes, claims or controversies unrelated to the Services or this Agreement.

Waiver of Jury Trial. YOU AND PHYZI HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Phyzi are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as otherwise indicated in this Section. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Arbitration Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A OR COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the state or federal courts located in the State of Oklahoma All other claims shall be arbitrated.

  1. Opt-Out.  Phyzi’s updates to this Agreement do not provide a new opportunity to opt out of the Arbitration Agreement for customers or Users who had previously agreed to a version of this Agreement and did not validly opt out of arbitration. Phyzi will continue to honor the valid opt outs of customers who validly opted out of the requirement to use arbitration in a prior version of this Agreement. If you are a customer who submits a Phyzi order request for the first time on or after the effective date of these Terms of Use, you may opt out of this Arbitration Agreement. If you do so, neither you nor Phyzi can force the other to arbitrate as a result of this Agreement. To opt out, you must notify Phyzi in writing no later than 30 days after first becoming subject to these Terms of Use and this contained Arbitration Agreement. Your notice must include your name and address, your Phyzi username (if any), the email address you used in your Submission (if you have one), and a clear statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to ATTN: 415 NW 23rd Street, Oklahoma City, OK 73103. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us.

 

  1. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  2. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL IVY LEAGUE ENTERTAINMENT, LLC BE LIABLE TO  YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL,  EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE  SITE, SITE CONTENT, MERCHANDISE, THE SERVICES OR THIRD PARTY SITES AND PRODUCTS, OR  FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR  ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER  CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF  FORESEEABLE AND EVEN IF IVY LEAGUE ENTERTAINMENT, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH  DAMAGES. ACCESS TO, AND USE OF, THE SITE, SITE CONTENT, THE SERVICES OR THIRD-PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. 

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL  THE MAXIMUM AGGREGATE LIABILITY OF PHYZI ARISING OUT OF OR IN ANY WAY  RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF THE SITE, SITE CONTENT,  MERCHANDISE, OR ANY SERVICES PURCHASED ON THE SITE EXCEED THE GREATER OF (A) $100  OR (B) THE AMOUNT YOU HAVE PAID TO IVY LEAGUE ENTERTAINMENT, LLC FOR THE SERVICES IN THE LAST  TWELVE MONTHS OUT OF WHICH LIABILITY AROSE. 

  1. Indemnification. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold  harmless Ivy League Entertainment, LLC, and our respective past, present and future employees, officers,  directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent  companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns  (individually and collectively, the “Phyzi Parties”), from and against all actual or alleged third  party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees,  expenses (including, without limitation, attorneys’ fees and expenses) and costs (including,  without limitation, court costs, costs of settlement and costs of pursuing indemnification and  insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or  unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort,  contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property  or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the  Site, Site Content, or merchandise, (c) your violation of these Terms, (c) your violation of the rights  of a third party, including another user and (e) your failure to pay any Taxes in connection with  your transactions on this Site. You agree to promptly notify us of any third-party Claims and cooperate with the Phyzi Parties in defending such Claims. You further agree that the Phyzi Parties shall have control of the defense or settlement of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND US. 
  2. No Joint Venture. Both you and the Company acknowledge and agree that no partnership, joint venture or agency is formed and neither you nor the Company has the power or the authority to obligate or bind the other.
  3. Severability. If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision shall be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, cause, or provision, or any other terms, clause, or provision of these Terms. 
  4. Entire Agreement. These Terms comprise the entire agreement between you and us relating to your access to and use of the Site, Site Content and any merchandise you have purchased, and supersede any and all prior discussions agreements, and understandings of any kind. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.