RELEASE & WAIVER OF LIABILITY
EFFECTIVE DATE: 12/6/2022
By signing below, in anticipation of becoming a member or guest and in consideration of being permitted to attend yoga, fitness, and/or workshop class(es) with Noomalife, Inc., Noomasearcy, LLC, Noomaliferogers, LLC, Noomalifelittlerock, LLC, noomaFayetteville, LLC , noomaDallasMockingbird LLC, and related affiliates (collectively “Nooma”), and to secure the desired relationship with Nooma and access to Nooma’s facilities, I agree and represent for myself, my executors, administrators, heirs, next of kin, family, relatives, guardians, conservators, executors, administrators, trustees, successors, and assigns as follows:
I am or will be voluntarily participating in yoga classes, fitness classes, and/or workshops offered by Nooma during which I will receive information and instruction about yoga and health in Nooma’s studio as well as Nooma’s online platforms including, but not limited to: (“Class(es)”).
I understand that these Classes entail intensive physical and mental activity and exertion by me and may involve risks of physical injury, disability, death, and/or property damage, including but not limited to, those caused by facilities, temperature, condition of participant, equipment, lack of hydration, and actions of other people, including but not limited to, participants, members, guests, instructors, and volunteers. I further recognize that such physical activity and exertion may be difficult and strenuous and may cause or aggravate a physical and/or mental injury or medical condition. I agree to assume all the risks of any injuries, including death, damages, or loss, regardless of the severity, which I may sustain as a result of participating in any Classes or in any way associated with the Classes, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released herein, from dangerous or defective equipment or property owned, maintained, or controlled by the persons or entities being released herein, or because of the persons or entities being released herein possible liability without fault.
I understand and agree that it is my continuing responsibility to inform Nooma and Nooma’s instructor(s) of any previous medical conditions, injuries, or surgeries prior to my first Class and at such other times as I acquire information as to same.
I certify that I have not been advised to not participate in the Classes by a qualified medical professional and I understand that it is my responsibility to consult with a qualified medial professional prior to and regarding my continued participating in Classes, and to receive prior approval from such qualified medical professional to so participate. I represent and warrant that I am physically fit, I have sufficiently prepared or trained for participation in the Classes, and I have no medical condition or injury which would prevent my full participation in Classes.
In consideration of being permitted to participate in Classes, I agree to assume and take full responsibility for all risk of any direct or indirect personal injury, death, or property damage or loss, and I will monitor, control, and be the sole judge as to whether or not any activity or exercise I am participating in is too strenuous or otherwise creates an unacceptable risk to my person, health, or well-being.
I agree that Nooma and Nooma’s instructors are not responsible in any way for safekeeping of my personal belongings while I use Nooma’s facilities and/or attend Classes.
I agree to INDEMNIFY, DEFEND, and HOLD Nooma and Nooma’s owners, directors, officers, employees, instructors, volunteers, representatives, contractors, and agents (the “Releasees”) harmless from any and all liability for any and all damages, injuries, or costs (including reasonable attorney fees and expenses), known or unknown, present or future claims, which arise out of, or relate to, my use of Nooma’s equipment or facilities and/or participation in Classes, whether caused by the negligence of the Releasees or otherwise.
I fully RELEASE, WAIVE, DISCHARGE and covenant not to sue, or make any claims of any kind whatsoever against the Releasees, and each of them, for any personal, economic, emotional, or mental injury, disability, death, property damage/loss, product liability, or actions of any kinds, know or unknown, present or future claims, which may hereafter occur to me, whether caused by negligence of me or the Releasees or otherwise, that directly or indirectly arises out of Classes, my participation in Classes, use of any Nooma equipment or facilities, or any activities contemplated under this Release and Waiver of Liability.
I acknowledge that the Releasees are not responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on Nooma’s behalf.
Image and Likeness
I understand that while participating in Classes I may be photographed. I hereby grant full rights and permission to Nooma for use of my photo, video, film, image or likeness in their website, mobile app, and/or other social media outlets as defined herein. I give and grant to Nooma, and Nooma’s respective licensees, successors, and assigns the non-exclusive right of the use of my images, likeness, including the location and property, in any and all media of advertising and promotion, including in-store retail use, worldwide, for a broadcast, internet, and industrial usage. I agree that no advertisement or other material need be submitted to me for any further approval and the licensed parties shall be without liability to me for any distortion or illusionary effect resulting from the publication of my photograph, image, and/or likeness. I understand and give permission and remove liability that some of Nooma’s Classes will be recorded for virtual and online use. Use of my image and/or likeness may be used for virtual and online viewing purposes. I understand that I may or may not be in the frame.
By signing, I authorize that I am over 18 years of age, and not violating any other agreements in conveying these rights. If I am the parent or legal guardian of a featured minor, by signing, I certify that I have the authority to convey these rights on behalf of the minor and hereby authorize such conveyance.
COVID-19
By signing this Release and Waiver of Liability I knowingly and willingly consent to take and participate in Classes during the COVID-19 pandemic. I understand that Nooma is following the guidelines recommended by the Center for Disease Control (“CDC”) and the Arkansas Department of Health.
I understand that the COVID-19 virus has a long incubation period in which carriers of the virus may not show symptoms and still be highly contagious. It is impossible to determine who has it and who does not given the current limits in virus testing. I understand that I have a risk of contracting the virus by being in a public fitness studio due to the frequency of visits of other members and the characteristic of the virus.
I confirm that I do not have any of the following symptoms of COVID-19: loss of taste or smell, fever, shortness of breath, cough, runny nose, sore throat currently, or flu-like symptoms such as gastrointestinal problems, headaches, fatigue within the last 14 days. I confirm that I have not come into contact with a person that has been diagnosed or exhibited symptoms of COVID-19 within the last 14 days. I confirm that I will notify Nooma if I choose to travel outside the state prior to returning to in-person Classes.
I understand that the CDC recommends social distancing of at least 6 feet to prevent transmission of disease and this might not always be possible walking throughout the studio bathrooms, hallways, and doorways.
I agree that, if I were to exhibit any symptoms of, or am diagnosed with, COVID-19, I will immediately contact Nooma so that proper steps can be taken to limit the spread of the contagion.
I agree that, if I am diagnosed with COVID-19, that I will email hello@ilovenooma.com and contact my local Nooma facility with a copy of a written authorization that I no longer have COVID-19.
This Release and Waiver of Liability shall be governed under Arkansas law and construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. If any portion of this agreement is held invalid, it is agreed that the balance shall continue in full legal force and effect. I further agree that any action, suit, or proceeding arising out of or relating to my participation in Classes, my use of Nooma’s facilities, or the terms or performance of this agreement must be brought in a Federal or State court in White County, Arkansas within one (1) year of the event(s) giving rise to the action, suit, or proceeding. I voluntarily submit to personal jurisdiction in the State of Arkansas.
By signing this liability waiver, I certify that I have read, comprehend, and agree with the above statements and that this is a release of liability and a contract and I sign it of my own free will. I am 18 years of age or older. If I am a minor between the ages of 13- 17 years of age, then my legal guardian is signing below.
If I am between the ages of 13-17 years of age I acknowledge that in order to attend any heated Classes I must attend my first Class with a legal guardian.
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.
Terms & Conditions. Terms of Use and 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 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 support@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 support@ilovenooma.com
Nooma Corporate Phone Number: 501-492-9894
August 7, 2023
These are the current posted Policies on our online shopping platform, held by Shopify, that is linked to our website, noomastudios.com:
TERMS OF SERVICE
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OVERVIEW
This website is operated by NoomaLife. Throughout the site, the terms “we”, “us” and “our” refer to NoomaLife. NoomaLife offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We
reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other
materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall NoomaLife, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless NoomaLife and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 111 Tarkington Searcy Arkansas US 72143.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at noomastudios@gmail.com. --------------------------------------
Privacy Policy on Shopify:
PRIVACY STATEMENT
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SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
SECTION 2 - CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at noomastudios@gmail.com or mailing us at:
NoomaLife
111 Tarkington Searcy Arkansas US 72143
SECTION 3 - DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SECTION 4 - SHOPIFY
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
Payment:
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service
(https://www.shopify.com/legal/terms) or Privacy Statement
(https://www.shopify.com/legal/privacy).
SECTION 5 - THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act. Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.
Links
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECTION 6 - SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 7 - COOKIES
Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart. _secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
SECTION 8 - AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
SECTION 9 - CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at support@ilovenooma.com or by mail at
NoomaLife
215 West Market Ave, Searcy, Arkansas 72143
Your Consent: By checking and/or toggling boxes as you create your New Customer Account and as you use our website and Shop site, you are agreeing and accepting the above Terms of Service and Release and Waiver of Liability and Privacy Policy.