Last Updated on July 26, 2016
TERMS AND CONDITIONS
AGREEMENT BETWEEN USER AND WWW.THEFITNESSLAB.BIZ (WWW.THEFITNESSLAB.BIZ) AND HEALTHY-BRIDE.COM (WWW.HEALTHY-BRIDE.COM)
WELCOME TO WWW.THEFITNESSLAB.BIZ AND HEALTHY-BRIDE.COM. THE WWW.THEFITNESSLAB.BIZ (WWW.THEFITNESSLAB.BIZ) AND HEALTHY-BRIDE.COM (WWW.HEALTHY-BRIDE.COM) WEBSITES (THE “SITES”) ARE COMPRISED OF VARIOUS WEB PAGES OPERATED BY SOMA TRAINING LLC (“SOMA TRAINING LLC”). WWW.THEFITNESSLAB.BIZ AND HEALTHY-BRIDE.COM ARE OFFERED TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN (THE “TERMS”). YOUR USE OF WWW.THEFITNESSLAB.BIZ AND HEALTHY-BRIDE.COM CONSTITUTES YOUR AGREEMENT TO ALL SUCH TERMS. PLEASE READ THESE TERMS CAREFULLY, AND KEEP A COPY OF THEM FOR YOUR REFERENCE.
WWW.THEFITNESSLAB.BIZ AND HEALTHY-BRIDE.COM ARE INFORMATION & E-COMMERCE SITES
THE PURPOSE OF THESE WEBSITES IS TO PROMOTE A SHORT TERM FITNESS PROGRAM(S) AND FITNESS RELATED SERVICES. WE PROVIDE ACCESS TO SAID PROGRAMS FOR SALE ON THESE WEBSITES. FROM TIME TO TIME, THIS SITE WILL BE USED TO GENERATE LEADS BY OFFERING A FREE DOWNLOADABLE PRODUCT IN EXCHANGE FOR CONTACT INFORMATION SUCH AS NAME, EMAIL, PHONE AND ADDRESS.
PRIVACY
YOUR USE OF WWW.THEFITNESSLAB.BIZ AND HEALTHY-BRIDE.COM IS SUBJECT TO SOMA TRAINING’S PRIVACY POLICY. PLEASE REVIEW OUR PRIVACY POLICY, WHICH ALSO GOVERNS THE SITES AND INFORMS USERS OF OUR DATA COLLECTION PRACTICES.
ELECTRONIC COMMUNICATIONS
VISITING WWW.THEFITNESSLAB.BIZ AND HEALTHY-BRIDE.COM OR SENDING EMAILS TO SOMA TRAINING LLC OR THE FITNESS LAB, CONSTITUTES ELECTRONIC COMMUNICATIONS. YOU CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS AND YOU AGREE THAT ALL AGREEMENTS, NOTICES, DISCLOSURES AND OTHER COMMUNICATIONS THAT WE PROVIDE TO YOU ELECTRONICALLY, VIA EMAIL AND ON THE SITES, SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING.
SOMA TRAINING LLC DOES NOT KNOWINGLY COLLECT, EITHER ONLINE OR OFFLINE, PERSONAL INFORMATION FROM PERSONS UNDER THE AGE OF THIRTEEN. IF YOU ARE UNDER 18, YOU MAY USE WWW.THEFITNESSLAB.BIZ AND HEALTHY-BRIDE.COM ONLY WITH PERMISSION OF A PARENT OR GUARDIAN.
CANCELLATION/REFUND POLICY
WE OFFER A MONEY BACK SATISFACTION GUARANTEE. IF ANYONE WHO COMPLETES THE PROGRAM AT THE FITNESS LAB OR ADDITIONAL LOCATION THEY ARE BEING HELD AND IS NOT SATISFIED. THE FITNESS FACILITY WILL OFFER THEIR MONEY BACK FOR THE PROGRAM PURCHASED OR CAN APPLY THE FUNDS TOWARDS ANOTHER PROGRAM THAT IS OFFERED AT THE SOLE DISCRETION OF SOMA TRAINING LLC.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
WWW.THEFITNESSLAB.BIZ AND HEALTHY-BRIDE.COM MAY CONTAIN LINKS TO OTHER WEBSITES (“LINKED SITES”). THE LINKED SITES ARE NOT UNDER THE CONTROL OF SOMA TRAINING LLC. SOMA TRAINING LLC IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE, INCLUDING WITHOUT LIMITATION ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO A LINKED SITE. SOMA TRAINING LLC IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY SOMA TRAINING LLC OF THE SITES OR ANY ASSOCIATION WITH ITS OPERATORS.
CERTAIN SERVICES MADE AVAILABLE VIA WWW.THEFITNESSLAB.BIZ AND HEALTHY-BRIDE.COM ARE DELIVERED BY THIRD PARTY SITES AND ORGANIZATIONS. BY USING ANY PRODUCT, SERVICE OR FUNCTIONALITY ORIGINATING FROM THE WWW.THEFITNESSLAB.BIZ AND HEALTHY-BRIDE.COM DOMAINS, YOU HEREBY ACKNOWLEDGE AND CONSENT THAT SOMA TRAINING LLC MAY SHARE SUCH INFORMATION AND DATA WITH ANY THIRD PARTY WITH WHOM SOMA TRAINING LLC HAS A CONTRACTUAL RELATIONSHIP TO PROVIDE THE REQUESTED PRODUCT, SERVICE OR FUNCTIONALITY ON BEHALF OF WWW.THEFITNESSLAB.BIZ AND HEALTHY-BRIDE.COM USERS AND CUSTOMERS.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
YOU ARE GRANTED A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE LICENSE TO ACCESS AND USE WWW.THEFITNESSLAB.BIZ AND HEALTHY-BRIDE.COM STRICTLY IN ACCORDANCE WITH THESE TERMS OF USE. AS A CONDITION OF YOUR USE OF THE SITES, YOU WARRANT TO SOMA TRAINING LLC THAT YOU WILL NOT USE THE SITES FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS. YOU MAY NOT USE THE SITES IN ANY MANNER WHICH COULD DAMAGE, DISABLE, OVERBURDEN, OR IMPAIR THE SITES OR INTERFERE WITH ANY OTHER PARTY’S USE AND ENJOYMENT OF THE SITES. YOU MAY NOT OBTAIN OR ATTEMPT TO OBTAIN ANY MATERIALS OR INFORMATION THROUGH ANY MEANS NOT INTENTIONALLY MADE AVAILABLE OR PROVIDED FOR THROUGH THE SITES.
ALL CONTENT INCLUDED AS PART OF THE SERVICE, SUCH AS TEXT, GRAPHICS, LOGOS, IMAGES, AS WELL AS THE COMPILATION THEREOF, AND ANY SOFTWARE USED ON THE SITES, IS THE PROPERTY OF SOMA TRAINING LLC OR ITS SUPPLIERS AND PROTECTED BY COPYRIGHT AND OTHER LAWS THAT PROTECT INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. YOU AGREE TO OBSERVE AND ABIDE BY ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES, LEGENDS OR OTHER RESTRICTIONS CONTAINED IN ANY SUCH CONTENT AND WILL NOT MAKE ANY CHANGES THERETO.
YOU WILL NOT MODIFY, PUBLISH, TRANSMIT, REVERSE ENGINEER, PARTICIPATE IN THE TRANSFER OR SALE, CREATE DERIVATIVE WORKS, OR IN ANY WAY EXPLOIT ANY OF THE CONTENT, IN WHOLE OR IN PART, FOUND ON THE SITES. SOMA TRAINING LLC CONTENT IS NOT FOR RESALE. YOUR USE OF THE SITES DOES NOT ENTITLE YOU TO MAKE ANY UNAUTHORIZED USE OF ANY PROTECTED CONTENT, AND IN PARTICULAR YOU WILL NOT DELETE OR ALTER ANY PROPRIETARY RIGHTS OR ATTRIBUTION NOTICES IN ANY CONTENT. YOU WILL USE PROTECTED CONTENT SOLELY FOR YOUR PERSONAL USE, AND WILL MAKE NO OTHER USE OF THE CONTENT WITHOUT THE EXPRESS WRITTEN PERMISSION OF SOMA TRAINING LLC AND THE COPYRIGHT OWNER. YOU AGREE THAT YOU DO NOT ACQUIRE ANY OWNERSHIP RIGHTS IN ANY PROTECTED CONTENT. WE DO NOT GRANT YOU ANY LICENSES, EXPRESS OR IMPLIED, TO THE INTELLECTUAL PROPERTY OF SOMA TRAINING LLC OR OUR LICENSORS EXCEPT AS EXPRESSLY AUTHORIZED BY THESE TERMS.
INTERNATIONAL USERS
THE SERVICE IS CONTROLLED, OPERATED AND ADMINISTERED BY SOMA TRAINING LLC FROM OUR OFFICES WITHIN THE USA. IF YOU ACCESS THE SERVICE FROM A LOCATION OUTSIDE THE USA, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL LAWS. YOU AGREE THAT YOU WILL NOT USE THE SOMA TRAINING LLC CONTENT ACCESSED THROUGH WWW.THEFITNESSLAB.BIZ AND HEALTHY-BRIDE.COM IN ANY COUNTRY OR IN ANY MANNER PROHIBITED BY ANY APPLICABLE LAWS, RESTRICTIONS OR REGULATIONS.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SOMA TRAINING LLC ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTIES, FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) RELATING TO OR ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITES OR SERVICES, ANY USER POSTINGS MADE BY YOU, YOUR VIOLATION OF ANY TERMS OF THIS AGREEMENT OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, OR YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS. SOMA TRAINING LLC RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH SOMA TRAINING LLC IN ASSERTING ANY AVAILABLE DEFENSES.
ARBITRATION
IN THE EVENT THE PARTIES ARE NOT ABLE TO RESOLVE ANY DISPUTE BETWEEN THEM ARISING OUT OF OR CONCERNING THESE TERMS AND CONDITIONS, OR ANY PROVISIONS HEREOF, WHETHER IN CONTRACT, TORT, OR OTHERWISE AT LAW OR IN EQUITY FOR DAMAGES OR ANY OTHER RELIEF, THEN SUCH DISPUTE SHALL BE RESOLVED ONLY BY FINAL AND BINDING ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT, CONDUCTED BY A SINGLE NEUTRAL ARBITRATOR AND ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION, OR A SIMILAR ARBITRATION SERVICE SELECTED BY THE PARTIES, IN A LOCATION MUTUALLY AGREED UPON BY THE PARTIES. THE ARBITRATORS AWARD SHALL BE FINAL, AND JUDGMENT MAY BE ENTERED UPON IT IN ANY COURT HAVING JURISDICTION. IN THE EVENT THAT ANY LEGAL OR EQUITABLE ACTION, PROCEEDING OR ARBITRATION ARISES OUT OF OR CONCERNS THESE TERMS AND CONDITIONS, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ITS COSTS AND REASONABLE ATTORNEY’S FEES. THE PARTIES AGREE TO ARBITRATE ALL DISPUTES AND CLAIMS IN REGARDS TO THESE TERMS AND CONDITIONS OR ANY DISPUTES ARISING AS A RESULT OF THESE TERMS AND CONDITIONS, WHETHER DIRECTLY OR INDIRECTLY, INCLUDING TORT CLAIMS THAT ARE A RESULT OF THESE TERMS AND CONDITIONS. THE PARTIES AGREE THAT THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION. THE ENTIRE DISPUTE, INCLUDING THE SCOPE AND ENFORCEABILITY OF THIS ARBITRATION PROVISION SHALL BE DETERMINED BY THE ARBITRATOR. THIS ARBITRATION PROVISION SHALL SURVIVE THE TERMINATION OF THESE TERMS AND CONDITIONS.
CLASS ACTION WAIVER
ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS/REPRESENTATIVE/COLLECTIVE ACTIONS ARE NOT PERMITTED. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. FURTHER, UNLESS BOTH YOU AND EMPLOYER AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SOMA TRAINING LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME.
SOMA TRAINING LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SOMA TRAINING LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOMA TRAINING LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SOMA TRAINING LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.
TERMINATION/ACCESS RESTRICTION
SOMA TRAINING LLC RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO TERMINATE YOUR ACCESS TO THE SITES AND THE RELATED SERVICES OR ANY PORTION THEREOF AT ANY TIME, WITHOUT NOTICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF WASHINGTON AND YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF COURTS IN WASHINGTON IN ALL DISPUTES ARISING OUT OF OR RELATING TO THE USE OF THE SITES. USE OF THE SITES IS UNAUTHORIZED IN ANY JURISDICTION THAT DOES NOT GIVE EFFECT TO ALL PROVISIONS OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, THIS SECTION.
YOU AGREE THAT NO JOINT VENTURE, PARTNERSHIP, EMPLOYMENT, OR AGENCY RELATIONSHIP EXISTS BETWEEN YOU AND SOMA TRAINING LLC AS A RESULT OF THIS AGREEMENT OR USE OF THE SITES. SOMA TRAINING LLC’S PERFORMANCE OF THIS AGREEMENT IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED IN THIS AGREEMENT IS IN DEROGATION OF SOMA TRAINING LLC’S RIGHT TO COMPLY WITH GOVERNMENTAL, COURT AND LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF THE SITES OR INFORMATION PROVIDED TO OR GATHERED BY SOMA TRAINING LLC WITH RESPECT TO SUCH USE. IF ANY PART OF THIS AGREEMENT IS DETERMINED TO BE INVALID OR UNENFORCEABLE PURSUANT TO APPLICABLE LAW INCLUDING, BUT NOT LIMITED TO, THE WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS SET FORTH ABOVE, THEN THE INVALID OR UNENFORCEABLE PROVISION WILL BE DEEMED SUPERSEDED BY A VALID, ENFORCEABLE PROVISION THAT MOST CLOSELY MATCHES THE INTENT OF THE ORIGINAL PROVISION AND THE REMAINDER OF THE AGREEMENT SHALL CONTINUE IN EFFECT.
UNLESS OTHERWISE SPECIFIED HEREIN, THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE USER AND SOMA TRAINING LLC WITH RESPECT TO THE SITES AND IT SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS COMMUNICATIONS AND PROPOSALS, WHETHER ELECTRONIC, ORAL OR WRITTEN, BETWEEN THE USER AND SOMA TRAINING LLC WITH RESPECT TO THE SITES. A PRINTED VERSION OF THIS AGREEMENT AND OF ANY NOTICE GIVEN IN ELECTRONIC FORM SHALL BE ADMISSIBLE IN JUDICIAL OR ADMINISTRATIVE PROCEEDINGS BASED UPON OR RELATING TO THIS AGREEMENT TO THE SAME EXTENT AND SUBJECT TO THE SAME CONDITIONS AS OTHER BUSINESS DOCUMENTS AND RECORDS ORIGINALLY GENERATED AND MAINTAINED IN PRINTED FORM. IT IS THE EXPRESS WISH TO THE PARTIES THAT THIS AGREEMENT AND ALL RELATED DOCUMENTS BE WRITTEN IN ENGLISH.
CHANGES TO TERMS
SOMA TRAINING LLC RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CHANGE THE TERMS UNDER WHICH WWW.THEFITNESSLAB.BIZ AND HEALTHY-BRIDE.COM IS OFFERED. THE MOST CURRENT VERSION OF THE TERMS WILL SUPERSEDE ALL PREVIOUS VERSIONS. SOMA TRAINING LLC ENCOURAGES YOU TO PERIODICALLY REVIEW THE TERMS TO STAY INFORMED OF OUR UPDATES.
CONTACT US
SOMA TRAINING LLC WELCOMES YOUR QUESTIONS OR COMMENTS REGARDING THE TERMS:
SOMA TRAINING / THE FITNESS LAB
4930 LEARY AVE NW
SEATTLE, WA 98107
EMAIL ADDRESS:
ADMIN@ SOMATRAINING.COM
TELEPHONE NUMBER:
206-783-0138
EFFECTIVE AS OF July 26, 2016