Terms of Use

STUDIO FITLIFE TERMS OF USE

Updated February 25, 2021

The following terms and conditions of use (the “Terms of Use”) govern your use of www.studiofitlife.com (the “Site”) which is made available by Studio FitLife (“we”, “us” or “our”). By using the Site, you accept and agree to these Terms of Use governing your use of the Site. If you do not agree to these Terms of Use, you may not use the Site. We may change the Terms of Use from time to time, at our sole discretion, and at any time without notice to you, by posting such changes on the Site. By using the Site following any modifications to the Terms of Use, you agree to be bound by any such modifications to the Terms of Use. In addition, please be advised that information collected on this Site may be used to populate the program application(s) that we use for our programs.

Our Service

On www.studiofitlife.com, we provide information and promotional materials for our fitness brand, including general industry news, as well as a designated area for you to contact us about our products and services.

Accessing Our Site

Currently, you must be at least eighteen (18) years of age or older and live in the United States in order to use the Site. If you are under the age of 18, you are hereby expressly notified that you are not permitted to provide any information through our Site, for any purpose, including seeking information about our fitness brand and opportunities. We are not responsible for monitoring or seeking verification of user qualification or age. However, if we discover that a user is accessing the Site in violation of these Terms of Use, we may immediately take action to terminate such access if possible. We are sorry for any inconvenience this may cause.

To access the Site, you may be asked to provide certain details or other information. It is a condition of your use of the Site that all the information you provide to us is correct, current and complete. You agree that your failure to provide complete and accurate information may result in the termination of your access to the Site.

Exclusive Ownership Rights

We solely own and control all copyright and intellectual property rights on our Site or have received the permission to use them from other third parties. We do not grant or imply any ownership of the Site to you. You may view the content on the Site on your personal computer or other internet device, and make copies or prints of the content on the Site for your personal, non-commercial use only. You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials on the Site. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trade names, trademarks, service marks or other marks or logos, or those of our partners, without our separate expressed written agreement. Third-party marks are the property of their respective owners.

Use of the Site

During your use of the Site, you may be asked to provide personal information or data to us in order to receive newsletters or other information about our products and services to assist you with your needs. Our information collection and use policies with respect to the privacy of personal information are set forth in the Site's Privacy Policy, available here, which is incorporated herein by reference. Please read our Privacy Policy before submitting any personal information. You acknowledge and agree that you are solely responsible for the accuracy and content of all personal information and any other data you submit. We cannot be responsible for maintaining any information that you provide to us, and we may delete or destroy any such information at any time.

Use of the Site for any of the following purposes or activities is strictly prohibited: a) conducting or supporting illegal activity of any type whatsoever; b) transmitting or storing worms or viruses or any code of a destructive nature; c) threatening, harassing, abusing, impersonating, injuring or intimidating others; d) interfering with others' use of the Site, unless such interference is for the purpose of complying with another section of these Terms of Use; e) delivering spam or collecting information to deliver spam, or sending unsolicited email advertisements; f) decompiling, disassembling, reverse engineering or otherwise attempting to discover any source code contained in the Site; g) disguising the origin of any content transmitted through the Site or manipulating your presence on the Site; and/or h) causing the launch of any automated system(s) that accesses the Site in a manner that sends more request messages to servers of the Site in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with this Agreement. You agree not to use the Site: (a) for any unlawful purposes, or that could violate any applicable federal, state, local, or international law or regulation; (b) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or other persons using the Site or expose them to liability. Additionally, you agree not to: (a) use the Site for any commercial purpose; (b) use the Site in any manner that could disable, overburden, damage, or impair the Site or any other party’s use of the Site; (c) use any robot, spider or other automated device, process, or means to access the Site for any purpose; (d) introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful; (e) use the Site to distribute unsolicited promotional or commercial content, or solicit other persons using the Site for commercial purposes; (f) otherwise attempt to interfere with the proper working of the Site.

Intellectual Property Rights

The content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Studio Fit Life, subject to copyright and other intellectual property rights under the law.  Content on the Site is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.  We reserve all rights not expressly granted in and to the website and the Content.  You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site, provided to you by the Company are non-confidential and shall become the sole property of Studio FitLife’s.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.  You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site therein.

“Studio FitLife” and the icon and other graphics, logos, wordmarks, and designs are trademarks of Studio Fit Life’s in the U.S. and/or other countries for which applications are pending.  Studio FitLife’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Studio FitLife’s.

Disclaimer of Warranties

All content, materials and services provided on this Site, without limitation, are given on an “as is” and “as available” basis, without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data processing services, uninterrupted access, or any warranties concerning the availability, accuracy, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We hereby disclaim any and all such warranties, express and implied. We do not warrant that the Site or the services, content, functions or materials contained therein will be timely or secure or continue uninterrupted or error-free or that defects will be corrected. We make no warranty that the Site will meet users’ requirements. If you should be dissatisfied with the Site, your sole remedy is to discontinue use. You should not rely on the Site to maintain any user data. You should retain all such data and information in your own records for use in the event that the Site fails or is unavailable, or the data or information is lost.

Limitation of Liability

To the fullest extent permissible under applicable law, in no event shall we or any of our directors, officers, or employees, or those of our agents, affiliates, or content or service providers (hereinafter associated entities) be liable for damages of any kind whatsoever including, but not limited to, direct, indirect, special, incidental, consequential, exemplary or punitive arising from, or directly or indirectly related to, your use of or inability to use this Site or its content, materials and functions. Without limitation, no liability shall arise from any loss of revenue or anticipated profits or lost business or lost sales, even if we and/or our associated entities are advised of the possibility of such damages. Some jurisdictions do not allow the exclusions of certain implied warranties, so some of the above exclusions may not apply to you. In such case, the maximum liability of us shall not exceed the amount paid by you for access to this Site. In no event shall we or our associated entities be liable for any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Site.

Links from our Site

Our Site contains links to other third-party websites maintained and operated by persons and/or companies outside of Studio Fit Life. We provide these links for your assistance and information. The existence of a linked website does not constitute an endorsement by us of the website or its content, products, services, advertising or other materials.

You understand and agree that we are not responsible or liable, directly or indirectly, for the availability or content of any linked website - or for any of the goods, services, or advertising available from these sites.

Applicable Laws

We control and operate this Site from our offices in the State of California. We are not licensed outside of the State of California, and we are not soliciting business outside of the State of California. We do not represent that materials on the Site are appropriate or available for use in other states or locations. Persons who choose to access this Site from other locations do so on their own initiative and are responsible for all aspects of compliance with local laws. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of this agreement is found by a court to be unlawful, void or unenforceable, it shall not affect the validity and enforceability of any remaining provisions. We may modify these Terms of Use at any time, simply by updating and posting these Terms of Use on the Site and without notice to you.

Dispute Resolution

Initial Dispute Resolution.  Please email us at info@studiofitlife.com to address any concerns you may have regarding your use of the Site. Most concerns may be quickly resolved in this manner. You and Studio Fit Life agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

Agreement to Binding Arbitration.  If you and Studio FitLife do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the immediately preceding paragraph, then either party may initiate binding arbitration.  All claims arising out of or relating to the Terms of Use (including their formation, performance and breach, including breach of the arbitration agreement), your use of the Site, your and our relationship and/or your use of the Site shall be finally settled by binding arbitration administered by AAA American Arbitration Association (“AAA”) Consumer Arbitration Rules and Mediation Procedure (“AAA Rules”), excluding any rules or procedures governing or permitting class actions.  Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and Studio Fit Life shall select a single neutral arbitrator in accordance with the AAA Rules.  The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Terms of Use and/or this arbitration agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable.  The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.  The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and us and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this arbitration agreement and all other agreements between you and Studio Fit Life shall be subject to the law of the State of California.

30 Day Right to Opt-Out.  You have the right to opt-out and not be bound by the arbitration provisions set forth above by sending written notice of your decision to opt-out by emailing us at info@studiofitlife.com and providing the following information: (i) your name, (ii) your email address; (iii) your mailing address; (iv) a statement of your wish not to resolve disputes with Studio Fit Life through arbitration. The notice must be sent within thirty (30) days of your agreement to the Terms of Use, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section.  If you opt-out of these arbitration provisions, Studio Fit Life also will not be bound by them.

Governing Law; Exclusive Venue for Litigation.  To the extent that the arbitration provisions set forth above do not apply or if you have opted out of arbitration, you and Studio Fit Life expressly consent and agree that any litigation between you and us shall be filed solely and exclusively in the state courts in the County of Alameda, California. You expressly and irrevocably consent and submit to the jurisdiction of such courts, and that such venue is convenient. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of California. In the event of litigation, you and Studio Fit Life agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law. These Terms of Use, and the agreement they create, shall be governed by and interpreted according to the laws of the State of California, without giving effect to the State of California's conflict of laws principles.

Fees

The prevailing party (on the main issue(s)) is entitled to recover its costs and expenses, including reasonable attorneys’ and expert witness fees.

Indemnification

You agree to release, indemnify, and defend Studio FitLife, LLC and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each (the “Released Entities”) from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Site; (2) your conduct or interactions with other users of the Site; (3) your breach of this Agreement. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

Interpretation

In construing or interpreting the Terms of Use, headings are for convenience only, and not to be considered.

Contacting Us

If you have any questions about the Terms of Use in relation to the Site, please contact us at: info@studiofitlife.com.

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