lulafit Terms of Use
LAST UPDATED: March 4, 2021
These Terms of Use (“Terms”) govern your access to and use of LulaFit, Inc.’s website and mobile application (collectively, the “Site”), made available to you by LulaFit, Inc. (“LulaFit,” “we,” “us,” or “our”).
BY ACCESSING OR USING THE SITE, YOU (“YOU”) AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS OR OUR PRIVACY POLICY, DO NOT ACCESS OR USE THE SITE.
WE MAY MODIFY THESE TERMS AT ANY TIME. ALL CHANGES WILL BE EFFECTIVE IMMEDIATELY UPON POSTING TO THE SITE. MATERIAL CHANGES WILL BE CONSPICUOUSLY POSTED ON THE SITE OR OTHERWISE COMMUNICATED TO YOU. BY USING THE SITE AFTER CHANGES ARE POSTED, YOU AGREE TO THOSE CHANGES.
WE MAY MODIFY THESE TERMS AT ANY TIME. ALL CHANGES WILL BE EFFECTIVE IMMEDIATELY UPON POSTING TO THE SITE. MATERIAL CHANGES WILL BE CONSPICUOUSLY POSTED ON THE SITE OR OTHERWISE COMMUNICATED TO YOU. BY USING THE SITE AFTER CHANGES ARE POSTED, YOU AGREE TO THOSE CHANGES.
1. Privacy Policy
We may collect certain information about you and about your use of the Site as described in our Privacy Policy, which is incorporated into these Terms. The Privacy Policy describes our information collection, use, and sharing practices. If you do not agree to any terms in our Privacy Policy, do not access or use the Site.
2. Content
The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of LulaFit or, as applicable, its vendors or licensors. Except for the rights expressly granted to you in the next section, LulaFit reserves all other rights in and to the Site and Content, including all intellectual property rights.
3. Use Rights
You may only use the Site or Content for your personal, non-exclusive use in the United States, so long as you comply with these Terms, the Privacy Policy, all other terms posted throughout the Site as applicable to you (if any), and all applicable laws. You may only use the Site and the Content for their intended purposes for which they are made available to you by LulaFit.
4. Use of Marks
lulafit owns certain trademarks, names, logos, insignia, or service marks (“Marks"). You do not have the right to use any Marks except as expressly agreed to in writing by lulafit. In addition, the Site may contain third-party marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third-party's consent.
5. Intellectual Property Rights
The Site and Content are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to lulafit or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.
6. Copyright Claims
Copyright infringement notices and/or counter-notices from you will be treated in accordance with our DMCA Policy (“DMCA Policy”).
7. Compliance with Laws
In connection with your access to and use of the Site, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.
CLIENT FURTHER AGREES TO BE IN COMPLIANCE WITHALL NATIONAL, STATE AND BUILDING LAWS AND GUIDELINES, INCLUDING BUT NOT LIMITED TO WEARING A FACE COVERING AT ALL TIMES DURING ANY USE OF ANY PREMISES, FACILITIES OR EQUIPMENT.
CLIENT FURTHER AGREES TO BE IN COMPLIANCE WITHALL NATIONAL, STATE AND BUILDING LAWS AND GUIDELINES, INCLUDING BUT NOT LIMITED TO WEARING A FACE COVERING AT ALL TIMES DURING ANY USE OF ANY PREMISES, FACILITIES OR EQUIPMENT.
8. Children's Information
The Site is not directed at children under the age of thirteen (13) years old. If you are under thirteen (13) years old, you must immediately stop using the Site.
9. Viruses
You must use up-to-date, commercially standard, anti-virus software on any computer or device used by you to access the Site. We are not liable for any virus you might receive from our Site or links on our Site, and you access our Site at your sole risk.
10. Restrictions on Your Use of the Site
- You will not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or Content without lulafit’s prior written consent.
- You will not use the Site for unlawful purposes.
- You will not submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud or falsify information in connection with your use of the Site.
- You will not engage in data mining or similar data gathering or extraction activities from the Site.
- You will not use the Site to harvest email addresses, names or other information of the users of the Site or to spam other users of the Site.
- You will not access, use, or copy any portion of the Site or Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
- You will not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Site, the servers used to make the Site available, or any other network, computers, hardware, software or systems.
- You will not engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult.
- You may not frame, mirror or circumvent the navigational structure of any part of the Site.
- You may not upload, distribute, transmit, or post anything to or through the Site that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another; or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.
- You may not engage in any conduct while using the Site that lulafit considers inappropriate, unauthorized, or contrary to the intended purpose of the Site.
11. Feedback and Other Content Submitted By You
If you submit comments or feedback to us regarding the Site or its Content, or any other comments, questions, requests, content or information that is not personal information ("Feedback"), we may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
12. Social Media
Links to lulafit’s social media pages (e.g., Facebook, YouTube, Instagram, Twitter, LinkedIn, Vimeo, or TikTok) are included on the Site ("Social Media Pages"). Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect lulafit’s views. We reserve the right to remove anything from our Social Media Pages, in our sole discretion. We may also take steps to block users from access to our Social Media Pages who violate these Terms. If we follow, like, re-tweet, favorite, share, or re-post an individual's content on our Social Media Pages, that is not an endorsement of that third party or any service or company they represent.
13. NO WARRANTY. THE SITE AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LULAFIT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE.
LULAFIT MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL CONTENT ON THE SITE IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED. LULAFIT DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE OR CONTENT. LULAFIT DOES NOT WARRANT OR GUARANTEE THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE OR CONTENT WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. LULAFIT DOES NOT WARRANT OR GUARANTEE THAT THE SITE OR CONTENT WILL MEET YOUR PERSONAL OR PROFESSIONAL NEEDS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT.
LULAFIT MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL CONTENT ON THE SITE IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED. LULAFIT DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE OR CONTENT. LULAFIT DOES NOT WARRANT OR GUARANTEE THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE OR CONTENT WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. LULAFIT DOES NOT WARRANT OR GUARANTEE THAT THE SITE OR CONTENT WILL MEET YOUR PERSONAL OR PROFESSIONAL NEEDS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT.
14. SAFETY WARNINGS. OUR SITE AND CONTENT OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ, HEARD, OR WATCHED ON OUR SITE. THE USE OF INFORMATION PROVIDED THROUGH THE SITE AND CONTENT IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE.
NOTHING STATED OR POSTED ON THE SITE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE SITE AND CONTENT IS CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW, LULAFIT MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN SITE OR CONTENT WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
NOTHING STATED OR POSTED ON THE SITE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE SITE AND CONTENT IS CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW, LULAFIT MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN SITE OR CONTENT WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
15. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LULAFIT OR ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, LANDLORD CLIENTS OR BUSINESS PARTNERS, VOLUNTEERS, AGENTS, SUPPLIERS, ATTORNEYS OR LICENSORS (TOGETHER, “LULAFIT PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A LULAFIT PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.
YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE OR CONTENT OR IN-PERSON SERVICES.
IN NO EVENT WILL THE LULAFIT PARTIES BE LIABLE FOR ANY PERSONAL INJURIES THAT OCCUR AS A RESULT OF YOUR USE OF THE SITE OR CONTENT. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE LULAFIT PARTIES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE THAT IF YOU ENGAGE IN ANY PHYSICAL EXERCISE OR ACTIVITY, INCLUDING GROUP FITNESS CLASSES, PERSONAL TRAINING, MASSAGE THERAPY, NUTRITIONAL COUNSELING OR WELLNESS COACHING OR ENTER ANY PREMISES OR USE ANY FACILITY OR EQUIPMENT ON ANY PREMISE IN WHICH WE DO BUSINESS FOR ANY PURPOSE, YOU DO SO AT YOUR OWN RISK AND ASSUME THE RISK OF ANY AND ALL INJURY, SICKNESS AND/OR DAMAGE YOU MAY SUFFER, WHETHER WHILE ENGAGING IN PHYSICAL EXERCISE OR NOT. THIS INCLUDES INJURY OR DAMAGE SUSTAINED WHILE AND/OR RESULTING FROM USING ANY PREMISES OR FACILITY, OR USING ANY EQUIPMENT, WHETHER PROVIDED TO YOU BY PROVIDER, LANDLORD OR OTHERWISE, INCLUDING INJURIES OR DAMAGES ARISING OUT OF THE NEGLIGENCE OF PROVIDER OR LANDLORD, WHETHER ACTIVE OR PASSIVE, OR ANY OF PROVIDER’S AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS. YOUR ASSUMPTION OF RISK INCLUDES, BUT IS NOT LIMITED TO, YOUR USE OF ANY EXERCISE EQUIPMENT (MECHANICAL OR OTHERWISE), SPORTS FIELDS, COURTS, OR OTHER AREAS, LOCKER ROOMS, SIDEWALKS, PARKING LOTS, STAIRS, POOLS, WHIRLPOOLS, SAUNAS, STEAM ROOMS, LOBBY OR OTHER GENERAL AREAS OF ANY FACILITIES, OR ANY EQUIPMENT. YOU ASSUME THE RISK OF YOUR PARTICIPATION IN ANY ACTIVITY, CLASS, PROGRAM, INSTRUCTION, OR EVENT, INCLUDING BUT NOT LIMITED TO WEIGHTLIFTING, WALKING, JOGGING, RUNNING, AEROBIC ACTIVITIES, AQUATIC ACTIVITIES, TENNIS, BASKETBALL, VOLLEYBALL, RACQUETBALL, OR ANY OTHER SPORTING OR RECREATIONAL ENDEAVOR. YOU AGREE THAT YOU ARE VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITIES AND ASSUME ALL RISK OF INJURY, ILLNESS, DAMAGE, OR LOSS TO YOU OR YOUR PROPERTY THAT MIGHT RESULT, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR THEFT OF ANY PERSONAL PROPERTY, WHETHER ARISING OUT OF THE NEGLIGENCE OF PROVIDER, LANDLORD OR OTHERWISE.
YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE OR CONTENT OR IN-PERSON SERVICES.
IN NO EVENT WILL THE LULAFIT PARTIES BE LIABLE FOR ANY PERSONAL INJURIES THAT OCCUR AS A RESULT OF YOUR USE OF THE SITE OR CONTENT. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE LULAFIT PARTIES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE THAT IF YOU ENGAGE IN ANY PHYSICAL EXERCISE OR ACTIVITY, INCLUDING GROUP FITNESS CLASSES, PERSONAL TRAINING, MASSAGE THERAPY, NUTRITIONAL COUNSELING OR WELLNESS COACHING OR ENTER ANY PREMISES OR USE ANY FACILITY OR EQUIPMENT ON ANY PREMISE IN WHICH WE DO BUSINESS FOR ANY PURPOSE, YOU DO SO AT YOUR OWN RISK AND ASSUME THE RISK OF ANY AND ALL INJURY, SICKNESS AND/OR DAMAGE YOU MAY SUFFER, WHETHER WHILE ENGAGING IN PHYSICAL EXERCISE OR NOT. THIS INCLUDES INJURY OR DAMAGE SUSTAINED WHILE AND/OR RESULTING FROM USING ANY PREMISES OR FACILITY, OR USING ANY EQUIPMENT, WHETHER PROVIDED TO YOU BY PROVIDER, LANDLORD OR OTHERWISE, INCLUDING INJURIES OR DAMAGES ARISING OUT OF THE NEGLIGENCE OF PROVIDER OR LANDLORD, WHETHER ACTIVE OR PASSIVE, OR ANY OF PROVIDER’S AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS. YOUR ASSUMPTION OF RISK INCLUDES, BUT IS NOT LIMITED TO, YOUR USE OF ANY EXERCISE EQUIPMENT (MECHANICAL OR OTHERWISE), SPORTS FIELDS, COURTS, OR OTHER AREAS, LOCKER ROOMS, SIDEWALKS, PARKING LOTS, STAIRS, POOLS, WHIRLPOOLS, SAUNAS, STEAM ROOMS, LOBBY OR OTHER GENERAL AREAS OF ANY FACILITIES, OR ANY EQUIPMENT. YOU ASSUME THE RISK OF YOUR PARTICIPATION IN ANY ACTIVITY, CLASS, PROGRAM, INSTRUCTION, OR EVENT, INCLUDING BUT NOT LIMITED TO WEIGHTLIFTING, WALKING, JOGGING, RUNNING, AEROBIC ACTIVITIES, AQUATIC ACTIVITIES, TENNIS, BASKETBALL, VOLLEYBALL, RACQUETBALL, OR ANY OTHER SPORTING OR RECREATIONAL ENDEAVOR. YOU AGREE THAT YOU ARE VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITIES AND ASSUME ALL RISK OF INJURY, ILLNESS, DAMAGE, OR LOSS TO YOU OR YOUR PROPERTY THAT MIGHT RESULT, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR THEFT OF ANY PERSONAL PROPERTY, WHETHER ARISING OUT OF THE NEGLIGENCE OF PROVIDER, LANDLORD OR OTHERWISE.
16. INDEMNIFICATION. YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE LULAFIT PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITE OR ANY CONTENT, AND (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITE. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).
17. Third-Party Websites and Content
You must use up-to-date, commercially standard, anti-virus software on any computer or device used by you to access the Site. We are not liable for any virus you might receive from our Site or links on our Site, and you access our Site at your sole risk.
18. Linking to the Site
You are prohibited from linking to this Site on your website or elsewhere without the prior express written consent of lulafit. If lulafit grants you a right to link to this Site, certain terms may apply and lulafit reserves the right to revoke such consent at any time. You are responsible for any costs incurred by lulafit in enforcing its rights under this Section.
19. Use in the United States
This Site is intended for use in the United States only. We do not guarantee that use of the Site will be available or permitted in any location other than the United States. If you choose to access the Site from a location other than the United States, you do so at your own risk.
THE EXISTENCE OF THE SITE OR ANY CONTENT SHALL NOT BE CONSTRUED AS LULAFIT OR THE LULAFIT PARTIES OFFERING SUCH SITE OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH SITE OR CONTENT IS PROHIBITED BY LAW.
THE EXISTENCE OF THE SITE OR ANY CONTENT SHALL NOT BE CONSTRUED AS LULAFIT OR THE LULAFIT PARTIES OFFERING SUCH SITE OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH SITE OR CONTENT IS PROHIBITED BY LAW.
20. Termination
If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Site or Content, and we may restrict your access to the Site or Content. lulafit may suspend or terminate the Site or any Content, in whole or in part, at any time in its sole discretion for any reason. lulafit shall not be liable to you or anyone else for any damages arising from or related to lulafit's suspension or termination of your access to the Site or the Content, or in the event lulafit modifies, discontinues or restricts the availability of the Site or the Content (in whole or in part).
21. Site Unavailability
Without limiting the generality of the previous section, the Site or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.
22. Cooperation with Law Enforcement
lulafit will cooperate with law enforcement if you are suspected of having violated applicable laws.
YOU WAIVE AND HOLD LULAFIT AND THE LULAFIT PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS
YOU WAIVE AND HOLD LULAFIT AND THE LULAFIT PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS
23. Disputes
These Terms, and your access to and use of the Site, are governed by the laws of the State of Illinois, without regards to its conflict of laws principles. Venue is exclusively in the state or federal courts, as applicable, located in Chicago, Illinois. The parties expressly agree to the exclusive jurisdiction of those courts. Any cause of action or other claim brought by you with respect to the Site or Content must be commenced within one year after the cause of action or claim arises.
24. Terms Applicable to New Jersey Customers
No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. lulafit reserves all rights, defenses and permissible limitations under the laws of New Jersey and under the laws of your state of residence.
25. Use in the United States
This Site is intended for use in the United States only. We do not guarantee that use of this Site will be available or permitted in any location other than the United States. If you choose to access this Site from a location other than the United States, you do so at your own risk.
26. Assignment
We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent. These Terms inure to the benefit of lulafit’s successors and assigns.
27. Entire Agreement
These Terms, the Privacy Policy, and any terms posted throughout the Site (if any) are the entire agreement between you and lulafit with respect to your access to and use of the Site. In the event of conflict between these Terms and our Privacy Policy, our Privacy Policy will control.
28. Waiver
lulafit's failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by lulafit.
29. Severability
If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
30. Electronic Communications
These Terms and any other documentation, agreements, notices, or communications between you and lulafit may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
31. Contact Us
Please direct any questions and concerns regarding this Policy to
lulafit, Inc.
