Terms and Conditions
Sonima Elev8d Fitness LP ( "Elev8d") requires that you comply with these terms and conditions (the "Site Terms") to use the elev8dfitness.com website, Elev8d’s digital applications, and social media accounts (collectively, the "Services").
Use of the Services by Children
The Services are not intended for use by anyone under age 18. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Elev8d. If you are not, you must not access or use the Services. If you are a parent or guardian of a child under 18 years of age and become aware that your child is accessing the Services, notify Elev8d so that Elev8d may disable your child’s access to any account that your child has created.
You use the Services solely at your own risk.
By accessing the Services, you acknowledge and agree that no portion or feature of the Services is intended to convey medical advice, and that nothing in the Services constitutes or should be construed as the practice of medicine, and you further agree to the following warnings and disclaimers:
- The Services may contain materials and information relating to exercise, fitness, diet, nutrition, yoga, health, and related topics (all such materials and information contained in the Services are referred to collectively in the Site Terms as "Health Information"). The Services may also promote, offer to sell, or sell goods or services, including instruction, relating to these topics (all such goods or services promoted, offered, or sold on or through the Services are referred to collectively in the Site Terms as "Health Products"). Before relying on any Health Information or using any Health Product, you should consult a licensed physician or other healthcare provider (a "Medical Professional"), especially if you know or suspect that you may have any physical or medical condition. Do not rely on or use any Health Information or any Health Product if a Medical Practitioner advises against any such reliance or use.
- Health Information and Health Products are not intended to substitute for or replace advice, diagnosis, or treatment from or by a Medical Professional. Elev8d and its employees are not Medical Professionals and have no expertise in advising on, diagnosing, or treating medical ailments or conditions of any kind, or in determining whether any Health Information or Health Product is appropriate for you. You should never disregard medical advice that a Medical Professional gives you, and you should never delay seeking advice from a Medical Professional based on or because of any content contained in any portion or in any feature of the Services.
- You acknowledge and agree that physical harm, including death, or emotional harm may result from relying on or using any Health Information or any Health Product, and you assume all risk of and responsibility for any such harm. If you experience any discomfort or pain in connection with any Health Information or Health Product, cease the activity at once and immediately seek the assistance of a Medical Professional. Elev8d is not responsible for any action or inaction on your part based on any Health Information or Health Product.
- You acknowledge that whether any Health Information or Health Product is appropriate for you at any particular time depends on your health at that time, and that the suitability for you of any Health Information or Health Product may change as there are changes in medical research. Although Elev8d aims to provide current information and content in the Services, Elev8d makes no guarantee that the Services contain the most current information or content on any particular subject.
Your use of the Services and their contents and functionality and any goods or services you obtain on or through the Services is at your own risk. Elev8d makes the Services and their contents and functionality and any goods or services you obtain on or through the Services available to you on an “AS IS” and “AS AVAILABLE” basis with no warranties of any kind. To the fullest extent permitted by law, Elev8d expressly disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including, without limitation, any warranties of merchantability, fitness for a particular purpose, or non-infringement.
Without limiting the foregoing, neither Elev8d nor any person associated with Elev8d makes any representation or warranty with respect to the completeness, security, reliability, quality, accuracy, usefulness, or availability of the Services, including, without limitation:
- that information or content contained in the Services is complete, reliable, accurate, useful, up-to-date, or free from error.
- that access to the Services will be uninterrupted or without delay. Elev8d reserves the right at any time, in its sole discretion, to suspend, modify, or discontinue, temporarily or permanently, the Services or any portion thereof, without notice to you. You agree that Elev8d will not be liable to you or any third party for any such suspension, modification, or discontinuance of the Services.
- that the Services or the equipment that Elev8d uses to provide the Services are secure, reliable, or free of viruses or other harmful components or materials. To the fullest extent permitted by law, Elev8d will not be liable for any loss or damage caused by any viruses or other harmful components or materials that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Services or any goods or services obtained through the Services or your downloading of any material from or through the Services or any linked website.
- that any goods or services advertised or otherwise depicted, or information provided, on the Services will meet your needs or expectations.
- that any text, images, video recordings, audio recordings, or other content created by someone other than Elev8d that the Services contain ( "Third-Party Content") are complete, reliable, accurate, useful, up-to-date, or free from error. Elev8d provides Third-Party Content only for your reference, and you should not rely on it for any purpose. Any opinions, advice, statements, or offers contained in Third-Party Content are those of the authors of the Third-Party Content and not of Elev8d. Elev8d does not undertake or assume any obligation to monitor Third-Party Content, and Elev8d assumes no responsibility or liability that may arise from any Third-Party Content.
Limitation of Liability
To the fullest extent permitted by law, in no event will Elev8d, its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, service providers, or licensors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use of, or inability to use, the Services, any linked websites, or any content contained in the Services or in any linked website, or any goods or services obtained through the Services, including any direct, indirect, special, incidental, consequential, or punitive damages, including, without limitation, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. This limitation of liability does not apply to damages resulting from Elev8d’s gross negligence or willful misconduct.
Your Use of Services
You agree to use the Services only in compliance with all applicable laws and regulations and as permitted in the Site Terms. Without limiting the foregoing, you agree not to use the Services:
- for the purpose of exploiting, harming, or attempting to exploit or harm minors;
- to send, knowingly receive, upload, download, or otherwise use any material that does not comply with the requirements in the Site Terms for User Generated Content, as that term is defined later in the Site Terms;
- to transmit, or to assist in the transmission of, any advertising or promotional materials or other solicitations without Elev8d’s prior written permission;
- to impersonate Elev8d or any of its employees or any other person or entity;
- to interfere or attempt to interfere with the proper functioning of the Services, including, without limitation, by introducing any viruses or any other harmful components or materials, attempting to gain unauthorized access to the Services or any equipment used to provide the Services, or using any automatic device, process, or means to access the Services for any purpose; and
- to engage in any other conduct that negatively affects anyone’s use or enjoyment of the Services or that Elev8d determines, in its sole discretion, may be harmful to Elev8d or to any other person or entity.
You acknowledge and agree that Elev8d may immediately suspend or terminate your right to use the Services if your use of the Services is contrary to any law or regulation or violates the Site Terms, and that Elev8d may cooperate fully with law enforcement authorities or with a court order directing Elev8d to disclose the identity of, or other information concerning, anyone who, in using the Services, has violated any law or regulation or the Site Terms. You waive and hold harmless Elev8d and its affiliates, licensees, and service providers from any claim, action, suit, demand, or proceeding, whether formally or otherwise asserted (a "Claim") resulting from any action taken, or any failure to act, by Elev8d or any of the foregoing parties during, or as a consequence of, investigations by Elev8d or any of the foregoing parties or law enforcement authorities into a possible violation of any law or regulation or the Site Terms.
Your Account with Elev8d
To access certain portions of the Services and to receive certain services, you must create an account and purchase a subscription. The terms and conditions in the section of the Site Terms entitled “Your Account with Elev8d” are effective upon your creation of an account and, except as otherwise provided, continue to be in effect for as long as you have an account with Elev8d.
To have an account with Elev8d, you must create a username and password and provide a valid e-mail address and valid credit card information. The information that you provide to create your account must be accurate and complete, and, if any of the information that you provided to create your account changes, you must notify Elev8d and provide updated information that is accurate and complete. You may not use someone else’s name as your username or use a username that violates the rights of any third party or is obscene or otherwise objectionable. Elev8d has the right to disable any username, password, or other identifier at any time if, in Elev8d’s opinion, the applicable user has violated any of the Site Terms.
Your account is for your individual use only. You must safeguard all your account information, especially your password and any other security information, because you are responsible for all activity that occurs under your account, whether by you or anyone else, including any unauthorized use. If you become aware that there has been unauthorized access to your account or your password or other security information, notify Elev8d immediately at SonimaElev8dCopyright@jnsgrp.com and change your password. At the end of each session in which you access the Services, ensure that you have exited from your account, and exercise additional caution when accessing your account from a public or shared device.
When you create your account, you are agreeing that you will pay in full all fees charged to the credit card that you provide to Elev8d. Subscriptions to Elev8d’s services operate as follows: Elev8d offers a 14-day free trial. Once your free 14-day free trial expires, (i) you will be billed each month for your subscription, and (ii) monthly billing of your account will continue indefinitely until you cancel your subscription by following the cancellation procedure set out below. Your subscription will begin upon creation of your account and, for 14 days, you will have free access to all features of your subscription. If you do not wish to incur any charges, you must cancel your subscription during the 14-day free trial. Once your free trial expires, you will be billed for your monthly subscription fee. Billing will occur approximately every 30 days until you cancel your subscription. If you cancel your subscription in the middle of a billing period, you will not receive a refund for the rest of the billing period, and you may continue to use your subscription until the end of that billing period.
Elev8d may occasionally offer certain services as “Special Offers.” At the time that Elev8d makes a Special Offer available, Elev8d will disclose the terms of the Special Offer. The process for paying for a Special Offer will generally be the same as the process for paying for a subscription, which is that your credit card will be charged monthly once any free trial expires. The monthly amount you will have to pay for the Special Offer and all other terms on which you are purchasing the Special Offer will appear on the payment screen before Elev8d accepts your payment.
Elev8d may offer a subscription on a longer basis than one month, such as a three-month, six-month, or annual subscription. Elev8d will bill you for the full subscription term when you purchase such a subscription, and the subscription will automatically renew for the same amount of time you initially purchased. For example, at the time you purchase a six-month subscription, you will pay the full amount due for all six months and, unless you cancel the subscription before the end of the six-month period, you will be billed for another six-month subscription upon the expiration of the initial subscription.
If you wish to cancel your subscription and close your account, first log into your account and then click on the link to “Account Settings” that appears on the lower left hand side of the page whenever you are logged into your account. Follow these steps once you are on the “Account Settings” page:
- Click on the "Account" button and select “Subscription”;
- To cancel your subscription and close your account, select the “X” button next to “edit”;
- A pop-up screen will appear to confirm that you wish to cancel your subscription and close your account;
- Click “Yes” on the pop-up to confirm the cancellation.
We will send you an e-mail at the e-mail address you have provided to confirm that, at the end of your current billing period, we will close your account and cancel your subscription. You will have access to the subscription that you are cancelling until the end of the current billing period. Elev8d does not offer any refunds or credits in connection with any cancellations that occur during a billing period.
In addition to cancellations, you may also make other changes to your account through the “Account Settings” page and the process described above.
Whenever you provide a payment method to Elev8d, you are expressly authorizing Elev8d and its payment processor to automatically charge you for all subscriptions and Special Offers you have purchased. You will be charged monthly unless you have purchased a subscription for a longer term, in which case you will be charged when you purchase the subscription and at the beginning of the next term. EVEN IF YOU DO NOT USE ANY SUBSCRIPTION OR SPECIAL OFFER YOU HAVE PURCHASED, YOU WILL BE RESPONSIBLE FOR ALL FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR SPECIAL OFFER OR THE SUBSCRIPTION OR SPECIAL OFFER OTHERWISE TERMINATES.
You may delete your account at any time. We reserve the right to delete an account immediately when payment for services purchased ceases for any reason. We may also delete your account if you fail to log into your account for a continuous period of at least six months.
You are solely responsible for any overdraft, chargeback, or other fee from your bank resulting from a charge by Elev8d.
In its sole discretion, Elev8d may change, modify, add, remove, suspend, cancel, or discontinue any aspect of the services and subscriptions it offers, including, without limitation, increasing the fee for any service or subscription. Elev8d will notify you of any such increase at least 30 days before you would be billed for the increase. You will be deemed to have accepted the new fee unless you cancel the service or subscription to which the new fee applies.
Elev8d does not guarantee that the price of any service that you purchase is the lowest then available or the historically best price. Elev8d may offer its services for different prices at different times. The amount you will be billed for any particular service is the amount disclosed to you at the time you signed up for that service.
Elev8d may suspend, disable, or delete your account (in whole or in part) if Elev8d determines that you have violated any provision of the Site Terms or that your conduct may injure Elev8d's reputation or goodwill. If Elev8d deletes your account for any of these reasons, you may not open another account with Elev8d, and Elev8d may take appropriate steps to prevent you from opening a new account, such as blocking your e-mail address and Internet protocol address. Elev8d need not disclose to you the reason for the termination or suspension of your account, and applicable law may indeed prohibit such disclosure.
Upon termination of your account for any reason, you may not use any portion of the Services that Elev8d makes available only to account-holders, and content that you submitted to Elev8d may no longer be available. Elev8d is not responsible for the loss of this content.
All terms and conditions of the Site Terms survive termination of your account and continue in full force and effect, other than terms and conditions that by their nature expire or are fully satisfied upon termination of an account.
Intellectual Property Rights
The Services and all of their content and functionality, including, without limitation, all information, materials, images, graphics, video recordings, audio recordings, software, photographs, articles, and text and the selection, coordination, and arrangement of all of the foregoing, are owned by Elev8d, its licensors, or other providers of such materials and are protected by United States and international laws protecting trademarks, service marks, trade names, logos, and other identifications of source (collectively, "Trademarks"), copyrights, patents, trade secrets, and other intellectual property or proprietary rights. Except as expressly provided in the Site Terms or permitted under United States or international law, you agree that, without Elev8d’s prior written permission, you may not and will not use, reproduce, distribute, modify, create adaptations or derivative works of, publicly display, publicly perform, or in any other way exploit any part of the Services.
Elev8d permits you to use the Services only for your personal, non-commercial, lawful use. You may use, reproduce, distribute, modify, create adaptations or derivative works of, publicly display, or publicly perform any part of the Services only as follows:
- Your computer may temporarily store copies of materials accessible on or through the Services in random access memory 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 or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution. You may not modify any copy that you make of any materials, including by deleting or altering any copyright, Trademark, or other notice of proprietary rights, and you may not use any images, graphics, video recording, audio recording, or photographs separately from any accompanying text.
- You may download to your computer or mobile device, for your own personal, non-commercial use, a single copy of any application that we provide for download, as long as you agree to be bound by the end-user license agreement for that application.
- If Elev8d provides social media features with certain content, you may take the actions that such features enable.
If you wish to use any materials in the Services in any other way, please send your request to: SonimaElev8dCopyright@jnsgrp.com.
Your use of any portion of the Services other than as set out in the Site Terms is a breach of the Site Terms and may violate copyright, Trademark, and other laws. A breach of the Site Terms will immediately terminate your right to use the Services, and Elev8d will determine, in its sole discretion, whether you will have to return or destroy any copies of materials that you have made in violation of the Site Terms. Elev8d reserves all rights in the Services not expressly granted.
The SONIMA, SONIMA ELEV8D FITNESS, and ELEV8D FITNESS names and marks, and unless otherwise noted all other Trademarks displayed in the Services, are the Trademarks of Elev8d or its affiliates. Nothing herein or in the Services will be construed as granting, by implication, estoppel, or otherwise, any license, right or permission to use any Trademark displayed in the Services without the owner’s prior written permission. Unauthorized use of the SONIMA, SONIMA ELEV8D FITNESS, and ELEV8D FITNESS names and marks, or any other Trademark displayed in the Services, is strictly prohibited.
User Submissions to the Services
The Services may offer you the opportunity to post, submit, publish, display, or transmit (hereinafter, "post")writings, video recordings, audio recordings, graphics, images, photographs, information, questions, comments, suggestions, ideas, or other content or materials on, to, or through the Services (collectively, "User Generated Content").
By posting any User Generated Content (regardless of the form or medium used), you are giving Elev8d and its affiliates, agents, and service providers and our and their respective licensees, successors, and assigns a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), and transferable right and license to use, reproduce, distribute, modify, create adaptations or derivative works of, publicly display, publicly perform, and otherwise disclose to third parties your User Generated Content (including, without limitation, your name and likeness) in any and all media and formats, whether now or hereafter developed, for any purpose whatsoever, without payment, credit, or acknowledgement of source. You hereby waive any moral rights or performance rights in your User Generated Content.
With respect to any of your User Generated Content, you hereby represent and warrant that: (i) you are authorized to post your User Generated Content and to grant the licenses set out above; (ii) Elev8d does not need any additional licenses or to pay any royalties in order to use your User Generated Content as permitted in the licenses set out above; (iii) your User Generated Content and your submission of your User Generated Content does not violate or infringe the copyright, Trademark, patent, publicity, privacy, or any other intellectual property right or other proprietary right of any third party; (iv) you do not misrepresent your identity in, or the source or affiliation of, your User Generated Content; and (v) your User Generated Content complies with the Site Terms.
You further agree that all of your User Generated Content will comply with all applicable laws and regulations and that it will not: (i) contain falsehoods or misrepresentations that could damage Elev8d or any third party; (ii) be deceptive, indecent, obscene, pornographic, defamatory, libelous, abusive, harassing, threatening, hateful, offensive, violent, or otherwise inappropriate; (iii) encourage or support conduct that would be considered a criminal offense or that would give rise to civil liability, violate any law, or be otherwise inappropriate; (iv) contain documents or information that are the confidential or proprietary documents or information of any third party; (v) involve commercial activities or consist of advertisements or solicitations of business; or (vi) contain viruses or any other harmful components or materials.
Elev8d reserves the right, in its sole discretion, to remove, delete, or refrain from publishing any of your User Generated Content without giving you prior notice, and to take any action with respect to your User Generated Content that Elev8d deems appropriate. Without limiting the foregoing, Elev8d has the right to: (i) terminate or suspend your access to the Services; (ii) disclose your identity and other information about you to a third party that claims that your User Generated Content violates or infringes any rights; and (iii) cooperate fully with law enforcement authorities or with a court order directing Elev8d to disclose the identity of, or other information concerning, anyone who has posted any User Generated Content. However, Elev8d does not undertake to review all materials before they are posted and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Elev8d assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Elev8d has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
The Services may contain links to websites, web pages, or other resources provided and maintained by third parties ( "Third-Party Sites"). Elev8d provides any links to Third-Party Sites only for your convenience. Elev8d is not responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to have been caused, by or in connection with your use of or reliance on any content, goods, or services available on or through any Third-Party Site. Third-Party Sites are not under Elev8d’s control, and Elev8d is not responsible for the content or features of or accessibility to Third Party Sites. If you choose to visit any Third-Party Site linked to the Services, you do so at your own risk and subject to the terms and policies of the Third-Party Site.
Indemnification of Elev8d For Any Violation of Site Terms
You agree that you will be solely responsible and liable for and will defend, indemnify, and hold harmless Elev8d and its affiliates, licensors, and service providers, and their respective members, directors, officers, managers, employees, shareholders, agents, contractors, suppliers, licensors, successors, and assigns for, from and against all costs, expenses, losses, liabilities, and damages, including reasonable attorneys’ fees and costs of investigation, incurred as a result of any Claim by a third party that, if proved, would demonstrate a violation or breach by you of these Site Terms or of your representations and warranties hereunder, including, without limitation, in connection with any User Generated Content. Elev8d reserves the right to take over the exclusive defense of any Claim by a third party for which Elev8d is entitled to indemnification under this section, and, in that event, you will provide Elev8d with all cooperation that Elev8d reasonably requests.
Amendment of the Site Terms
Elev8d may, at any time, in its sole discretion, add to, amend, modify, or delete any of the Site Terms (collectively, "Amendment"). The Site Terms and each revision thereof is effective when posted in the Services. Your use of the Services after any Amendment has been posted constitutes your binding agreement to and acceptance of that Amendment. Each time you access any of the Services, you reaffirm your acceptance of the Site Terms and any Amendment. You are responsible for regularly reviewing the Site Terms and for ensuring that all persons who access the Services through your Internet connection are aware of the Site Terms and comply with them.
Use of the Services by Non-U.S. Residents
Elev8d is based in the state of Florida in the United States. Elev8d provides the Services for use only by persons located in the United States. Elev8d makes no claims that the Services or any of their content or functionality are available or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services outside of the United States, you do so on your own initiative and are responsible for compliance with local laws.
Choice of Law/Jurisdiction
The laws of the United States and of the State of New York, without regard to any principles of conflict of laws, will govern all disputes or Claims concerning or relating to the Services or your use of the Services. You consent to personal jurisdiction and venue in the state and federal courts located in New York County, New York, and you will not commence or prosecute any action except in the foregoing courts.
You agree that, regardless of any statute or law to the contrary, any Claim arising out of or related to the Services or your use of the Services or any content contained in the Services or goods or services available through the Services is forever barred unless you file such a Claim within one (1) year after the Claim arose.
No waiver by Elev8d of any term or condition in the Site Terms will operate as a further or continuing waiver of that term or condition or a waiver of any other term or condition, and no failure by Elev8d to exercise, and no delay in exercising, any right or remedy under the Site Terms will operate as a waiver of that right or remedy, nor will any single or partial exercise of any right or remedy preclude any other or future exercise of that right or remedy by Elev8d.
Any term or condition in the Site Terms that a court of competent jurisdiction determines to be invalid, illegal, or unenforceable in any jurisdiction will, as to the jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid, illegal, or unenforceable the remaining terms and conditions of the Site Terms, or affecting the validity, legality, or enforceability of any terms or conditions of the Site Terms in any other jurisdiction.
The heading of each section of the Site Terms is for convenience of reference only and will be ignored in the construction or interpretation of the Site Terms.
Receipt of the Site Terms
By using or accessing the Services, you consent to receive the Site Terms in electronic form. Cease using or accessing the Services to terminate this consent.
BY CONTINUING TO USE THE SERVICES, YOU AGREE TO COMPLY WITH THE SITE TERMS.
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