Terms
Terms of Sale
TERMS OF SALE
Last Updated: Apr 12, 2023
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, BY ENTERING INTO THESE TERMS, YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED BY MANDATORY BINDING, INDIVIDUAL ARBITRATION, AND YOU AND COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
BY PLACING AN ORDER FOR PRODUCTS AND/OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THESE TERMS, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (I) DO NOT AGREE TO THESE TERMS, (II) ARE NOT THE OLDER OF (1) AT LEAST 18 YEARS OF AGE OR (2) LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY, OR (III) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, PRODUCTS, OR SERVICES BY APPLICABLE LAW.
- Acceptance of these Terms. These Terms of Sale (these "Terms") apply to the purchase and sale of Products and/or services through www.thesolotrainer.com (this "Website") or any of our affiliate websites (the “Affiliate Websites”). These Terms are subject to change by 7Core Wellness, LLC (referred to as “Company”, "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated” date referenced on this Website. You should review these Terms prior to purchasing any Product and/or services that are available through this Website. Your continued use of this Website after the "Last Updated" date will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Website Terms of Use that apply generally to the use of this Website. You should also carefully review our Privacy Policy at https://thesolotrainer.com/privacy-policy/ before placing an order for Products and/or services through this Website.
For the purpose of these Terms, Product(s) means: (i) e-books, (ii) videos, (iii) online coaching, and (iv) other digital resources available for purchase on this Website.
- Changes to these Terms. The Terms are subject to change without notice from time to time in Company’s sole discretion. All changes made to these Terms are effective immediately when we post them, and apply to all access to and use of the Website after they are posted. However, any changes to the dispute resolution provisions set out in Mediation and Arbitration or Governing Law and Jurisdiction sections will not apply to any disputes for which the parties have actual notice before the date the change is posted on this Website.
Your continued access to and use of this Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page on a regular basis so you are aware of any changes, as they are binding on you.
- Digital Product Usage. After purchasing the Product, you will be given access to the Product within 24-48 hours through a download delivered in your email. You will have lifetime access to the materials so long as the product(s) is/are available.
Company grants to you one exclusive, non-sublicensable, non-transferable, license to use the Product. You understand and agree that the Product materials may not be shared with any third party. In the event Company suspects that the Product is being shared with another party, Company reserves the right to immediately terminate your access to the Product.
- Prices and Payment Terms.
- All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a Product and/or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes. All such taxes and charges may be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
- We may offer from time-to-time promotions on this Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
- In consideration for access to the Product provided by Company, you agree to compensate Company the fee indicated on the online shopping cart. If any payment methods are declined by the online payment processor, you shall provide a new eligible payment method before receiving access to the Product. In the event you have already been given access to the Product and a payment method is declined, Company reserves the right to collect any and all outstanding receivables.
- Refunds Policy. DUE TO THE NATURE OF DIGITAL PRODUCTS BEING IMMEDIATELY ACCESSIBLE UPON PURCHASING, NO REFUNDS OF ANY FEES OR OTHER AMOUNTS PAID BY YOU IN CONNECTION WITH THE PRODUCT WILL BE ALLOWED UNDER ANY CIRCUMSTANCES.
- Personal Information. By purchasing the Product, you will be asked to provide personal information including your name, email address, mailing and billing address. You agree to allow Company access to this personal information for all lawful purposes. You are responsible for the accuracy of the identifying information, maintaining the safety and security of his/her identifying information, and updating Company on any changes to your identifying information.
The billing information provided to Company by you will be kept secure and is subject to the same confidentiality and accuracy requirements as your identifying information indicated above. Providing false or inaccurate information, or using the Product for fraud or unlawful activity, is grounds for immediate termination from the Product.
- Warranty and Disclaimers. ALL PRODUCTS AND/OR SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTY OF MERCHANTABILITY; (II) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (III) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
- Indemnification. You agree to indemnify Company against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Company shall not be liable to you or any third party for consequential, indirect, special or exemplary damages, including, but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
- Limitation of Liability. WE HAVE BEEN GIVEN ASSURANCES OF PRODUCT SALABILITY, MERCHANTIBILITY, AND COMPLIANCE FROM THE MANUFACTURERS. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (I) WHETHER SUCH DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND/OR SERVICES (EXCLUDING DIGITAL PRODUCTS AND/OR SERVICES) YOU HAVE ORDERED THROUGH THIS WEBSITE.
The limitation of liability set forth above shall (i) only apply to the extent permitted by law and (ii) not apply to liability resulting from our gross negligence or willful misconduct.
- Goods Not for Resale or Export. You represent and warrant that you are buying Products and/or services from this Website for your own personal, household, or business use only, and not for resale or export. You may modify the language as you see fit. You are not obligated to tag or give credit to Company for the copy in the Product you use, post, or share.
- Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of Products and/or services through this Website.
- Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
- Guarantees. Company does not make any guarantees as to the results, including financial or other personal gains, of your use of the Product. You agree to take responsibility for your own results with regard to using the Product.
- Governing Law and Jurisdiction. This Website is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the State of Virginia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Virginia.
- Mediation and Arbitration.
- Any and all disputes, disagreements, or claims arising out of or relating to your relationship with Company, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (collectively, the “Claims”) upon which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the American Arbitration Association (“AAA”). The only exceptions to arbitration are: (i) that you and we retain the right to pursue in small claims court any Claim that is within that court’s jurisdiction and proceeds on an individual basis and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights. Aside from these two exceptions, all other Claims must be resolved by binding arbitration pursuant to the terms set forth below. Aside from these two exceptions, all other Claims must be resolved by binding arbitration pursuant to the terms in this section. The parties agree to be bound by the decision of the arbitrator(s). The arbitration shall be conducted before a single arbitrator. The arbitration proceeding shall take place in Vienna, Virginia, unless another location is mutually agreed to in writing by the parties. The cost and expenses of the arbitrators shall be shared equally by the parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration. The decision of the arbitrator shall be final and binding and may be entered as a judgment by any court of competent jurisdiction.
- If the AAA determines that your Claim is part of a filing of multiple or mass case filings, then you agree that the AAA Supplementary Rules for Multiple Case Filings apply and you further agree not to oppose any motion by us for an order requiring you to initially advance all filing fees and arbitrator costs. If you succeed on your Claim in any multiple or mass case filing, the arbitrator may award you costs in any amount that would place you in an equal position as you had been in if you filed your Claim individually.
- Neither party shall pursue any class, collective, or representative claims. Unless the Supplementary Rules for Multiple Case Filings apply, the parties may not consolidate the arbitration with any other proceedings to which we are a party, except for an arbitration in which the parties to this agreement are the sole parties.
- The arbitrator shall be entitled to award injunctive relief, if applicable, specific to you and to award damages. To the extent allowed by applicable law, the parties agree that neither party will be liable to the other (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) for any indirect, special, incidental, consequential, exemplary or punitive damages or for any form of damages other than direct damages. The arbitrator shall award attorneys’ fees and costs, including the expenses of the arbitration, to the prevailing party if the arbitrator finds that the non-prevailing party asserted frivolous or bad faith defenses or claims.
- Any award of the arbitrator shall have no preclusive effect in any future proceeding, except any future proceeding in which you and we are the sole parties.
- The parties agree that the arbitration proceedings and results are confidential and, except as required by law, neither party nor the arbitrator may disclose the existence, content, or results of any arbitration conducted pursuant to these Terms without the prior written consent of the parties.
- For the avoidance of doubt, this arbitration provision of these Terms applies to Claims involving any of Company’s employees, agents, subsidiaries, affiliates, successors, and/or assigns, each of which is an intended third-party beneficiary of these Terms. This Dispute Resolution provision of these Terms shall survive the termination of any other contractual or non-contractual relationship between us and you.
- With the exception of subparts (b) and (c) above (the class action waiver and mass action rules), if any part of this arbitration provision is held to be invalid, unenforceable, or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not in it. If, however, subpart (b) or (c) above (the class action waiver and mass action rules) is held to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor us shall be entitled to arbitrate their dispute. If this agreement is found to be unenforceable on inapplicable for any reason, including because the class action waiver is found invalid, unenforceable, or illegal, then the sole and exclusive venue for the resolution of any Claim shall be the U.S. District Court for the Eastern District of Virginia or, if there is no federal jurisdiction over the action, in the courts of the State of Virginia located in Fairfax County. Further, you consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such Claim that is determined not to be subject to the arbitration provision.
- Governing Law and Jurisdiction. All matters relating to this Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the State of Virginia or any other jurisdiction). Exclusive jurisdiction for all disputes that are not required to be arbitrated will be the federal courts located in Virginia, or the state courts of Virginia, in each case located in the City of Vienna and County of Fairfax, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- Assignment. Company shall be permitted to assign, transfer, and subcontract its rights, and/or obligations under these Terms without any notification or consent required. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 17 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
- No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Company.
- No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
- Notices.
- To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
- To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to The Solo Trainer, 1735 Burning Tree, Vienna, VA 22182. We may update the facsimile number or address for notices to us by posting a notice on this Website. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
- Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
- Entire Agreement. Our order confirmation, these Terms, the license agreement relating to any product or service you obtain on or through this Website, our Website Terms of Use, our Privacy Policy, and the Website Disclaimers will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
- Your Comments and Concerns. For questions, feedback, comments, or other communications relating to this Website and/or these Terms, please email us at hello@thesolotrainer.com.