NPS Terms of Use
United States Performance Center, LLC · Effective October 2026
These Terms of Use (the “Terms”) govern your use of the NPS platform, provided by United States Performance Center, LLC (“USPC”, “we”). By creating an account or using NPS, you agree to these Terms. If you do not agree, do not use NPS.
SECTION 13 REQUIRES DISPUTES TO BE RESOLVED BY INDIVIDUAL ARBITRATION AND WAIVES CLASS ACTIONS, UNLESS YOU OPT OUT WITHIN 30 DAYS.
1. Eligibility and accounts
1.1 Age. You may hold an NPS account if you are 18 or older, or if you are 13 to 17 and your parent or legal guardian has signed the USPC Parent or Guardian Permission and Minor Assent form. Children under 13 do not hold accounts; their information is entered by their organization only with verified parental consent.
1.2 Organization accounts. Most accounts are created by an organization, such as a team, school or facility. Your organization controls your access and can see your data, as described in the NPS Privacy Notice.
1.3 Security. Keep your credentials confidential, use multi-factor sign-in where offered, and tell us immediately at privacy@usperformancecenter.com if you believe your account has been used without permission. You are responsible for activity under your account.
2. Health and safety
2.1 Intended use. NPS is a sports performance and fitness platform. It is described in the USPC Statement of Intended Use, which forms part of these Terms. NPS does not diagnose, treat, cure, mitigate or prevent any disease, injury or condition, and its outputs are not medical advice.
2.2 Medical clearance. Consult a physician before beginning any exercise program. Do not use NPS if you are under a concussion protocol, or are recovering from surgery or injury without written clearance from your treating clinician for resisted exercise.
2.3 Machine-applied resistance. NPS sets the resistance of connected exercise machines from your training loads, within force limits built into each machine. Use the machines only under the supervision of your organization’s staff, follow their instructions and the machine manufacturer’s instructions, and stop immediately if you feel pain, dizziness or anything unusual, or if a machine behaves unexpectedly.
2.4 Your responsibility. You exercise at your own risk. Your organization, not USPC, decides whether you are fit to train, return to play or progress after injury.
3. Your data
3.1 Privacy. The NPS Privacy Notice explains how we handle your personal information. We collect biometric and health data only with the consents described there.
3.2 Generated content. NPS generates scores, training loads and written summaries automatically. Summaries can contain errors. Check them against your underlying results, and ask your organization’s staff about anything that seems wrong.
4. Acceptable use
You will comply with the USPC Acceptable Use Policy, which forms part of these Terms. In particular, you will not access another person’s data without authorization, interfere with NPS or a connected machine, or attempt to copy, extract or reverse engineer NPS or its scoring methods.
5. Intellectual property
USPC and its licensors own NPS, including its software, scoring methods, design and content. We grant you a personal, non-transferable, revocable license to use NPS in accordance with these Terms while your account is active. If you send us feedback, we may use it without obligation to you.
6. Suspension and termination
We may suspend or end your access if you breach these Terms, if your organization ends your access or its subscription, or where needed to protect anyone’s safety or the security of NPS. You may stop using NPS at any time. Sections 5 and 7 to 14 survive termination.
7. Disclaimers
NPS IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT THE LAW ALLOWS, USPC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND DOES NOT WARRANT THAT NPS OR ANY OUTPUT IS ACCURATE, COMPLETE, UNINTERRUPTED OR FIT FOR ANY MEDICAL, RETURN-TO-PLAY OR SAFETY PURPOSE.
8. Limitation of liability
TO THE FULLEST EXTENT THE LAW ALLOWS, USPC IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, AND USPC’S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM NPS IS LIMITED TO ONE HUNDRED DOLLARS. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE OR WILFUL MISCONDUCT.
9. Indemnity
You will indemnify USPC against third-party claims arising from your breach of these Terms or misuse of NPS, to the extent the law allows.
10. Changes to these Terms
We may change these Terms by posting the revised Terms with their effective date. We will notify you at least 30 days before a material change takes effect. Continued use after that date means you accept the revised Terms. A change to Section 13 does not apply to a dispute of which we had notice before the change.
11. Governing law
North Carolina law governs these Terms, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs Section 13.
12. Informal resolution
Before starting arbitration or any court proceeding, you and USPC will each try to resolve the dispute informally for at least 60 days after written notice to the other. Send notice to privacy@usperformancecenter.com.
13. Arbitration and class action waiver
13.1 Arbitration. Any dispute between you and USPC arising from these Terms or NPS will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before one arbitrator, in the county where you live or by video. USPC will pay the filing, administrative and arbitrator fees beyond those you would pay to file in court, unless the arbitrator finds your claim frivolous.
13.2 Exceptions. Either party may bring an individual claim in small claims court, and either party may seek an injunction in court to stop infringement or misuse of intellectual property.
13.3 Class action waiver. YOU AND USPC MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims of more than one person. If this Section 13.3 is found unenforceable for a claim, that claim proceeds in court and not in arbitration.
13.4 Mass filings. If 25 or more similar demands for arbitration are filed by or with the help of the same law firm or organization, they will be administered in batches of no more than 25 under the American Arbitration Association’s mass arbitration procedures, and the statutes of limitations for the remaining demands are paused while earlier batches proceed.
13.5 Opting out. You may opt out of this Section 13 by sending an email to privacy@usperformancecenter.com within 30 days after you first accept these Terms, stating your name and that you opt out of arbitration. Opting out does not affect any other part of these Terms.
13.6 Minors. If you are under 18, your parent or legal guardian agrees to this Section 13 on your behalf when signing the USPC Parent or Guardian Permission and Minor Assent form, to the extent the law allows.
14. General
These Terms, with the documents they incorporate, are the entire agreement between you and USPC about NPS. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them to a successor. Where you use NPS through an organization, the organization’s agreement with USPC governs as between the organization and USPC.
Contact. United States Performance Center, LLC. Email: privacy@usperformancecenter.com.