Terms & Conditions, Terms of Use

Terms & Conditions. Terms of Use and includes Privacy Policy:

Last updated on September 22, 2023. These Terms of Use and Privacy Policy are

effective immediately for users accessing or using the Website and/or Service on or

after September 22, 2023.

Nooma is a website, www.noomastudios.com, (“Site”) that provides an approach to fitness

through in studio and online classes (the “Services”) and a philosophy to help users gain

inner and outer strength. The Services are provided by Noomalife, Inc. (“Us” or “We”), an

Arkansas corporation, or through approved affiliates of Noomalife, Inc.. The following

Terms and Conditions (“Terms of Use”) govern your ability to use and access any content,

functionality and services offered through the Site, whether as a viewer of the Site or a

registered user of the Services.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE

SERVICES. THESE TERMS OF USE GOVERN YOUR ACCESS TO AND USE OF THE

SERVICES.  THE SERVICES ARE AVAILABLE FOR YOUR USE ONLY ON THE

CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW.  IF

YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE

THE SERVICES.

BY ACCESSING, USING THE SERVICES OR MERELY BROWSING THE SITE, YOU

SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AND ALL

TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE INTO THESE

TERMS OF USE. THE SERVICES ARE INTENDED SOLELY FOR PERSONS WHO

ARE 13 YEARS OLD OR SUCH HIGHER AGE REQUIRED IN YOUR COUNTRY TO

USE THE SERVICES. IF YOU ARE UNDER THE LEGAL AGE TO FORM A BINDING

CONTRACT IN YOUR JURISDICTION, YOU REPRESENT THAT YOUR PARENT OR

LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS ON YOUR

BEHALF.

Definitions

The Company, Noomalife, “we” or “us” refer to Noomalife, Inc. and our representatives

and affiliates.

“You” includes yourself, your representatives, your agents and any other third party acting

on your behalf in connection with the Services (as defined below) as a user.

A “user” is someone who accesses or in any way uses the Services.

AMENDMENTS

We may amend these Terms at any time and for any reason. We ask that you stay up-to-

date with this Terms. When we make changes to these Terms, we will notify you of the

changes by posting the revised version on our website and application. Any changes will

become effective upon the earlier of thirty (30) calendar days following our e-mail notice to

you (if applicable) or thirty (30) calendar days following our posting notice of the changes

on our Site or App. Changes will be effective immediately for new users of our Services. If

you object to any such changes, we ask that you cease using the Services. By continuing

to use the Services after we have posted modifications or amendments to the Terms, you

consent to such amendments and/or modifications.

ACCESS TO NOOMA ONLINE SERVICES

Accounts

Some features of the Services may require registration for an account with Nooma

(“Account”). You promise that any information about yourself that you provide to us will be

true, accurate, complete, and current.  

Unless otherwise agreed upon in writing and subject to these Terms, we grant you a

limited, non-exclusive, nontransferable personal license to access and use the Services.

Username and Password

General access to the Site does not require registering for or logging into the Site, but full

use of the Services may require registration or request that you provide us with

information. These Terms govern use of all portions of the website and the application,

regardless of registration. Registration may require you to choose a provide your email and

password as credentials for your account (“Credentials”) and/or to enter other information,

like your name or telephone number so that we can identify you and contact you.

Remember your Credentials and do not share these credentials with anyone. Your

Credentials will identify you to us when you return to our Site. If you forget your

Credentials, you may not be able to access certain portions of the Services. You are solely

responsible to maintain the confidentiality of your Credentials and for all activities when a

user is logged into the Services by your Credentials.

You agree to immediately notify Noomalife of any unauthorized use of your Credentials or

any other security breach and ensure that you log out of the Services at the end of each

session. Noomalife will not be liable for damage or loss from your failure to comply with

these Terms. You may be issued a new password or be required to change your password

from time to time. Your Credentials are not transferable to other users and you .

Noomalife reserves the right to restrict, suspend, or terminate access to the Services for

any Account because of inactivity, identity theft or other fraudulent activity under that

Account, or any other reason we deem appropriate. Noomalife is not obligated to credit or

discount an Account for holds placed on the Account by either a representative of

Noomalife or by the automated processes of Noomalife.

We are available for your questions regarding use of the Services at

admin@noomastudios.com.

General Restrictions on Use

Unless otherwise indicated, the Services are our proprietary property and all source code,

databases, functionality, software, website designs, audio, video, text, photographs,

graphics (“Content”) and trademarks and logos (“Trademarks”) on the Services are owned

or controlled by us, licensed by us and are protected by copyright, trademark laws and

various other laws of the United States. We allow you to use the Services only for users’

personal, noncommercial purposes.

Provided that you are eligible to use the Services, we grant you a limited license to access

and use the Services. We reserve all rights not expressly granted to you in and to the

Services, the Content, and the Trademarks.

You may not rent, transfer, assign, commercially exploit, resell, or sublicense access to the

Services to any third party. You agree not to combine or integrate the Services with

hardware, software, or other technology or materials not provided by us. You may not alter

or create any derivative product based on the Services. Except as expressly stated in

these Terms, no part of the Services may be copied, reproduced, republished, distributed,

displayed, downloaded, posted, or transmitted in any form or by any means. Any future

amendments to the Services shall be subject to these Terms. You agree not to use the

Services to violate local, state, national or international law; stalk, harass, or harm anyone;

collect or store personal data about other users; impersonate any person or entity, or

otherwise misrepresent your affiliation with a person or entity; or interfere with the Services

or servers or networks connected to the Services, or disobey any requirements,

procedures, policies, or regulations of networks connected to the Services.

Restrictions on Use of the Services

In addition to other restrictions set forth in these Terms, you agree that:

· You shall not use the Services in any way that breaches any applicable local,

national or international law or regulation.

· You agree not to archive, download, reproduce, distribute, modify, display, perform,

publish, license, create derivative works from, offer for sale, or use content and

information contained on or obtained from or through the Nooma Service.

· You shall not disguise the origin of information transmitted through the Services or

place false or misleading information on the Services.

· You will not use or access any service, information, application or software available

via the Services in a manner not expressly permitted by Noomalife.

· You will not input or upload to the Services any information which contains viruses,

Trojan horses, worms, time bombs or other computer programming routines that are

intended to damage, interfere with, intercept or expropriate any system, the

Services, or information.

· You will not use any robot, spider, scraper or other automated means to access the

Nooma Service.

· Certain areas of the Services may be restricted to registered users or paid

subscribers of Nooma. 

· You may not use or access the Services in any way that, in Noomalife's judgment,

adversely affects the performance or function of the Services or interferes with the

ability of authorized parties to access the Services. 

· You will use the Services for lawful purposes only and will not submit or transmit

through the Services any material or engage in conduct that:

(1) violates or infringes the rights of others, including, without limitation, rights in

intellectual property such as trademarks, copyrights, patents and trade secrets;

(2) is unlawful, threatening, abusive, profane, explicit, harassing, defamatory,

fraudulent, constitutes an invasion of privacy or contains explicit, graphic, obscene

or pornographic materials; or which otherwise violates any law, rule, regulation or

the rights of a third party;

(3) impersonates any person, including Noomalife and its employees, principals,

agents, consultants or affiliates or allows you or a third party unlawful access to a

third party’s computer or network;

(4) is harmful or attempting to harm minors in any way; or

(5) violates these Terms, the Privacy Policy, or any other policy of Noomalife.

ONLINE COMMUNICATIONS

The Services provides you with the ability to post comments for classes and in other areas

of the Site. You agree that all communications by you on the Site and through the Services

shall be deemed your Content and shall be subject to and governed by these Terms and

applicable law (including laws regulating direct marketing communications with which you

will need to comply with, as applicable). By using communications methods available

through the Services, you agree that (a) all communications methods constitute public, and

not private, means of communication between you and the other party or parties, (b)

communications sent to or received from third party service providers, advertisers or other

third parties are not endorsed, sponsored or approved by Noomalife (unless expressly

stated otherwise by Noomalife) and (c) communications are not routinely pre-reviewed,

post-reviewed, screened, archived or otherwise monitored by Noomalife in any manner,

though Noomalife reserves the right to do so at any time at its sole discretion. You agree

that all notices, disclosures and other communications that we provide to you electronically

shall satisfy any legal requirement that such communications be in writing.

FEES AND PAYMENTS

FEES

In order to access certain functionality of the Services, you may be required to pay

subscription fees and/or usage fees. Subscription fees, along with any required taxes, may

be paid on a monthly or annual basis. All subscription fees are payable in advance. Usage

fees are due and payable when incurred. You agree to pay the subscription fees and other

charges you incur in connection with your Nooma account, whether on a one-time or

subscription basis. Noomalife reserves the right to increase subscription and other fees or

to institute new fees at any time upon reasonable advance notice. If new taxes are

applicable to the Services in the opinion of Noomalife and its advisors, Noomalife reserves

the right to add these to your subscription and other fees.

Some subscriptions, like our VIP subscription model, are for a set term but will charged the

subscription fees monthly. You agree, when you subscribe for these models, to pay for the

entire term as part of the benefit of the Services for this subscription model.

Auto-Renewal

Subscription fees will be billed automatically at the start of the monthly or annual period, as

applicable. Your subscription will auto-renew for the same period until terminated by you.

On the renewal date, your designated payment method will be charged the subscription

fee. Your subscription fee will be the same as your initial charges unless you are otherwise

notified in advance. You may terminate your subscription at any time, as described below.

PAYMENTS

You will be asked to designate and provide information about your preferred payment

method (e.g., credit card, online payment service, or any other payment method made

available by Noomalife) to pay subscription, usage, and other fees for your Account. If you

provide your payment information, you authorize us and certain third party service

providers, payment card networks and payment processors to receive, store and encrypt

your payment information. You may switch to a different payment method or update your

information by updating your account information. No refunds or credits will be provided by

Noomalife.

TERM AND TERMINATION

These Terms will become effective and binding when you use the Services, or when you

voluntarily register for an Account (whichever occurs first).

You agree that Noomalife may, under certain circumstances and without prior notice,

immediately suspend or terminate your account and/or access to the Services. Cause for

such suspension or termination shall include, but not be limited to,

(a) violations of the Terms or other incorporated agreements or policies;

(b) requests by law enforcement or other government agencies;

(c) material modification to the Services (or any portion thereof);

(d) unexpected technical or security issues or problems; or

(e) nonpayment of any fees owed by you in connection with the Services.

Termination of your account may include removal of access to all offerings within the

Services, the deletion of your User Content, and barring of further use of the Services.

Further, you agree that all suspensions or terminations for cause shall be made in

Noomalife’s sole discretion and that Noomalife shall not be liable to you or any third party

for any suspension or termination of your account or access to the Services.

You may delete your Account at any time, for any reason, by following the instructions on

the Services. Your rights under these Terms will automatically and immediately terminate if

you fail to comply with your promises and obligations stated in these Terms.

Once your Account is terminated, you acknowledge and agree that we may permanently

delete your Account and all the data associated with it.

License and Ownership; Access to Services

Any and all intellectual property rights (“Intellectual Property”) associated with the

Services and its contents (other than User Content), including all information, data, logos,

marks, designs, graphics, pictures, sound files, other files and their selection and

arrangement, (collectively, the “Content”), are the sole property of Noomalife, its affiliates

or third parties.  The Content is protected by copyright and other laws in both the United

States and other countries.  Elements of the Services are also protected by trade dress,

trade secret, unfair competition, and other laws and may not be copied or imitated in whole

or in part. All custom graphics, icons, and other items that appear on the Services are

trademarks, service marks or trade dress (“Marks”) of Noomalife, its affiliates or other

entities that have granted Noomalife the right and license to use such Marks and may not

be used or interfered with in any manner without the express written consent of

Noomalife.  Except as otherwise expressly authorized by these Terms of Use, you may not

copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit,

or distribute the Intellectual Property of the Services in any way without the prior written

permission of Noomalife or the appropriate third party.  Except as expressly provided

herein, Noomalife does not grant to you any express or implied rights to our or any third

party's Intellectual Property.

User Content, such as text, photos or graphics provided by you as a result of use of the

Services, remains the property of the User. However, we need limited rights from you to

operate the Services with your activity. By logging an activity, you grant Noomalife, its

affiliates and subsidiaries a non-exclusive, royalty-free, nontransferable right to use,

display, perform, reproduce, distribute, publish, modify, adapt, translate, and create

derivative works from your User Content submitted by you to the Services to the extent

necessary to operate the Services, and provide the services, now and in the future.

We grant you a limited, revocable, non-exclusive, license to access the Services and to

view, copy and print the portions of the Content available to you on the Services. Such

license is subject to these Terms of Use specifically conditioned upon the following:

· you may only view portions of the Content for your own non-commercial use;

· you may not modify or otherwise make derivative works of the Services or the

Content or reproduce, distribute or display the Services or any Content except at

permitted within these Terms of Use;

· you may not remove any trademark, copyright or other proprietary notices placed on

Content;

· you may not use data mining, robots or similar data gathering or extraction

methods; and

· you may not use the Services or the Content other than for its intended purpose.

The license in this section is revocable by us at any time. You represent and warrant that

your use of the Services and the Content will be consistent with this license and will not

infringe or violate the rights of any other party or breach any contract or legal duty to any

other parties, or violate any applicable law.

We have the absolute discretion to remove any User Content posted or stored on the

Services, and we may do this at any time and for any reason, although we have no

obligation to do so.

DISCLAIMER OF WARRANTIES

NOOMALIFE MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE

OBTAINED FROM USING THE SERVICES OR THE CONTENT.  THE USE OF SAME IS

AT YOUR OWN RISK.

THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. 

NOOMALIFE, ITS LICENSEES, AFFILIATES, LICENSORS, AND SUPPLIERS, TO THE

FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER

EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT

LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-

INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR

PURPOSE.  NOOMALIFE AND ITS AFFILIATES, LICENSEES, LICENSORS AND

SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES THAT: (a) THE

SERVICES WILL MEET YOUR REQUIREMENTS; (b) YOUR CONTENT WILL BE

AVAILABLE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR

ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE

SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY

PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR

OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS;

AND (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. NO INFORMATION

OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT

EXPRESSLY STATED BY NOOMALIFE IN THESE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. 

IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT

CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS.  YOU

AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF

LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND

REASONABLE.

LIMITATION OF LIABILITY

NOOMALIFE AND ITS AFFILIATES, LICENSEES, LICENSORS AND SUPPLIERS

SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR

CONSEQUENTIAL DAMAGES, RESULTING FROM YOUR USE OF THE SERVICES OR

YOUR ACTIVITY ASSOCIATED WITH YOUR USE OF THE SERVICES. YOU

EXPRESSLY AGREE THAT YOU ARE PHYSICALLY CAPABLE OF SAFELY

PARTICIPATING IN ANY ACTIVITIES OR EVENTS ASSOCIATED WITH THE

SERVICES. IF SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE

CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY.

SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911

IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN

SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE

SERVICES.

YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES (INCLUDING, BUT

NOT LIMITED TO, FOLLOWING AN ACTIVITY OFFERED ON THE SERVICES) CARRY

CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY

INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND

UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN

WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF NOOMALIFE

OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.

YOU EXPRESSLY AGREE TO RELEASE NOOMALIFE, ITS SUBSIDIARIES,

AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS,

LICENSEES AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL

LIABILITY IN CONNECTION WITH YOUR ATHLETIC ACTIVITIES AND/OR USE OF

THE SERVICES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY

CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH

USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE

LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE,

INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN

ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b)

YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS

AVAILABLE THROUGH THE SERVICES, (c) ANY DELAY OR INABILITY TO USE THE

SERVICES EXPERIENCED BY YOU, OR (d) ANY INFORMATION, SOFTWARE,

PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES,

WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE,

EVEN IF NOOMALIFE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Compliance with Law

You agree to use the Services in strict compliance with all applicable laws, rulings and

regulations and in a fashion that does not, in the sole judgment of Noomalife, negatively

reflect on the goodwill or reputation of Noomalife and shall take no actions which would

cause Noomalife to be in violation of any laws, rulings or regulations applicable to

Noomalife.

Governing Law; Venue

This agreement has been made in, and will be construed and enforced in accordance with

the laws of, the State of Arkansas without regard to its principles of conflicts of laws. You

and Noomalife consent to the exclusive jurisdiction of the state and federal courts sitting in

Pulaski County, Arkansas for any actions, suits or other proceedings arising out of, or

related to, the enforcement of either party’s rights hereunder. You and Noomalife agree

not to commence any action suit or proceeding in any other court and hereby irrevocably

and unconditionally waive any objection to the laying of venue in any such court. The

parties each agree to waive their separate rights to a trial by jury.

Electronic Communications.

When you visit the Services or send e-mail to Noomalife, you are communicating

electronically. We may communicate by posting notices on the Services or e-mail

notifications. You agree that all notices, disclosures, and other communications that

Noomalife makes electronically satisfy any legal requirement that such communications be

in writing. If you want to withdraw this consent, please stop using the Services.

General

You may not assign these Terms of Use or any of your interests, rights or obligations

under these Terms of Use.  If any provision of these Terms of Use is found to be invalid by

any court having competent jurisdiction, the invalidity of such provision shall not affect the

validity of the remaining provisions of these Terms of Use, which shall remain in full force

and effect.  No waiver of any of these Terms of Use shall be deemed a further or

continuing waiver of such term or condition or any other term or condition.

COMPLETE AGREEMENT

EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE OR OTHER

WRITTEN AGREEMENT BETWEEN YOU AND NOOMALIFE, THESE TERMS OF USE,

TOGETHER WITH THE NOOMALIFE PRIVACY POLICY, CONSTITUTE THE ENTIRE

AGREEMENT BETWEEN YOU AND NOOMALIFE WITH RESPECT TO THE USE OF

THE SERVICES, INFORMATION OR CONTENT CONTAINED THEREIN, AND

SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND

AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF.

If you have any questions or concerns regarding the Terms of Use, please contact

us at hello@ilovenooma.com

Your Consent: By checking and/or toggling boxes as you create your New Customer Account, you are agreeing and accepting the above Terms of Service and Release and Waiver of Liability and Privacy Policy.

Contacting Us:

Email with questions to hello@ilovenooma.com

Nooma Corporate Phone Number: 501-492-9894