LulaFit Terms of Use

Last Updated: May 5, 2020

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.

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.

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

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.

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.

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, 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.

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.

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

The Site may link to, or be linked to, websites not maintained or controlled by LulaFit.  Those links are provided as a convenience to the visitors of our Site.  LulaFit is not responsible for examining or evaluating the content or accuracy of third-party websites linked through the Site.  LulaFit does not warrant or endorse any third-party website or any products or services made available through those websites.  When leaving the Site, it is the terms and privacy policy of that third party that govern your use of third-party site (and such third-party's use or your personal information), not these Terms.

The Site also contains certain third-party Content.  We provide third-party content for your convenience, not as an endorsement.  The presence of third-party Content does not mean that LulaFit has reviewed the third-party Content or that there is any association between LulaFit and any third party.  You access third-party Content at your sole risk.  LulaFit has no responsibility for any third-party Content.  Nothing in these Terms grants you any rights to any third-party Content.

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.

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.

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. Assigment

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 these Terms to us at:

LulaFit, Inc.
730 N. Franklin St., Suite 450
Chicago, IL 60654
773.938.6058
info@lulafit.com