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