Terms

Terms of Use

WEBSITE TERMS OF USE

Last Updated: Feb 3, 2025

This website is owned and operated by 7Core Wellness, LLC (“Company”, “We”, “we”, “Us”, “us”, “Our” or “our”). We provide a fitness community and various related products, services, content and features, such as e-books, videos, and other digital resources, through www.thesolotrainer.com to you (as a “user”), subject to your compliance with all the terms, conditions, and notices contained and/or referenced in these Website Terms of Use (these “Terms”), as well as any other written agreement between us and you. In addition, when using particular services or materials on this Website, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms. All such guidelines or rules are incorporated by reference into these Terms.

These Terms will also apply to all purchases of the following products: (i) e-books, (ii) videos, (iii) online coaching, and (iv) other digital resources available for purchase on www.thesolotrainer.com ((i) through (iv) individually referred to as a “Product”, and collectively, the “Products”).  

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. 

  1. Acceptance of these Terms. The terms and conditions contained on this webpage shall govern your access to and use of www.thesolotrainer.com, including all pages within this website, and any content, functionality, and services offered on or through www.thesolotrainer.com (collectively, this “Website”). 

Please read these Terms carefully before you start to use this Website. These Terms apply in full force and effect to your use of this Website and by using this Website (or by clicking to accept or agree to the Terms when this option is made available to you), you expressly accept and agree to be bound and abide by these Terms, and our Privacy Policy located at https://thesolotrainer.com/privacy-policy/ and incorporated into these Terms by reference. If you do not agree with or have any objection to any these Terms, you must not access or use this Website. 

  1. Who May Use this Website. This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use this Website. We may, in our sole discretion, refuse to offer this Website or any Product to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access and use this Website is revoked where these Terms or use of this Website is prohibited or conflicts with any applicable law, rule or regulation. Further, this Website is offered only for your personal, non-commercial use, and not for the use or benefit of any third party.
  1. Changes to these Terms. These 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 this Website after they are posted. However, any changes to the dispute resolution provisions set out in 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. 

  1. Accessing this Website and Account Security. We reserve the right to withdraw or amend this Website, and any service or material we provide on this Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this Website, or the entire Website, to users, including registered users. You are responsible for both:
  1. making all arrangements necessary for you to have access to this Website; and
  1. ensuring that all persons who access this Website through your internet connection are aware of these Terms and comply with them.

To access this Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this Website that all the information you provide on this Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on this Website, is governed by our Privacy Policy, and you consent to all actions the Company takes with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a User ID, password, or any other piece of information as part of the Company’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your User ID, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your User ID or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Company has the right to disable any User ID, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, but not limited to if, in our opinion, you have violated any provision of these Terms.

Certain areas of this Website may be restricted from access by you and Company may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. 

All rights not expressly granted by Company in these Terms are reserved by Company.

  1. Intellectual Property Rights. Other than content you own, which you have opted to include on this Website, under these Terms, Company and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website. In addition, upon your purchase of a Product, we will grant to you, for your own personal use only, a limited, non-exclusive, non-transferable license to access this Website and (as the case may be): (i) access video on a streaming only basis, (ii) access and download e-books; and (iii) access and download digital products. You are not permitted to share any of the content licensed under these Terms with any other individuals. Except for the foregoing limited licenses and any other licenses granted to you in these Terms, no right, title or interest shall be transferred to you.

This Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of such) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use this Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  1. your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; 
  1. you may store files that are automatically cached by your Web browser for display enhancement purposes; 
  1. you may print or download one copy of a reasonable number of pages of this Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution; 
  1. if, we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by the Company’s end user license agreement for such applications; and/or
  1. if, we provide social media features with certain content, you may take such actions as are enabled by such features. 

You are expressly prohibited from: 

  1. modifying copies of any materials from this Website; 
  1. deleting or altering any copyright, trademark, or other proprietary rights notices from copies of materials from this Website; and/or
  1. access or use for any commercial purposes any part of this Website or any services or materials available through this Website. 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of this Website in breach of these Terms, your right to use this Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to this Website or any content on this Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of this Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the terms 7Core Wellness and The Solo Trainer,

7Core Wellness Logo
Resources for Independent Personal trainers

and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written consent of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Copyrights

This Website and the email messages you receive through www.thesolotrainer.com contain copyrighted material. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Company owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Each third-party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content available on or through this Website, except as otherwise expressly permitted under copyright law or with the express written permission of the Company and the copyright owner. 

Prohibited Uses

You may use this Website only for lawful purposes and in accordance with these Terms. You agree not to use this Website:

  1. in any way that violates any applicable laws, rules, or regulations (including, but not limited to, any laws, rules, or regulations regarding the export of data or software to and from the U.S. or other countries); 

  1. for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; 

  1. to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms;

  1. to transmit, or procure the sending of, any advertising or promotional material, without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation; 

  1. to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, but not limited to, by using email addresses or screen names associated with any of the foregoing); and/or

  1. to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of this Website, or which, as determined by us, may harm the Company or users of this Website, or expose them to liability.

Additionally, you agree not to:

  1. use this Website in any manner that could disable, overburden, damage, or impair this Website or interfere with any other party's use of this Website, including their ability to engage in real time activities through this Website; 

  1. use any robot, spider, or other automatic device, process, or means to access this Website for any purpose, including, but not limited to, monitoring or copying any of the material on this Website; 

  1. use any manual process to monitor or copy any of the material on this Website, or for any other purpose not expressly authorized in these Terms, without the Company’s prior written consent; 

  1. use any device, software, or routine that interferes with the proper working of this Website; 

  1. introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; 

  1. attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of this Website, the server on which this Website is stored, or any server, computer, or database connected to this Website; 

  1. attack this Website via a denial-of-service attack or a distributed denial-of-service attack; 

  1. otherwise attempt to interfere with the proper working of this Website; 

  1. publish any Website material in any media; 

  1. sell, sublicense, and/or other commercialize any Website material; 

  1. publicly perform and/or show any Website material; and/or

  1. engage in any data mining, data harvesting, and any other similar activity in relation to this Website, or while using this Website. 

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, "User Contributions") on or through this Website.

All User Contributions must comply with the Content Standards set out in these Terms.

Any User Contribution you post to this Website will be considered non-confidential and non-proprietary. By providing any User Contribution on this Website, you grant Company and Company’s affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose (or according to your account settings). 

You represent and warrant that: 

  1. you own or control all rights in and to the User Contributions and have the right to grant the license granted above to Company and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; 

  1. all of your User Contributions do and will comply with these Terms;

  1.  you understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness; and/or

  1. we are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of this Website. 

User Content 

“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through this Website.  

”User Content” means any content that users (including you) provide to be made available through this Website. Content includes, without limitation, User Content.

Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using this Website is at your own risk and you will be solely responsible for any damage or loss to you or any other party. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through this Website.

As between you and Company, you represent that you own (or have all rights necessary to grant Company the rights below to) all User Content that you submit to this Website, and that Company will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. With respect to User Content, by displaying it, you grant Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers), license and right to use, reproduce, adapt, translate, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, in any and all media, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of this Website permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to Company or through this Website about improving or adding new features or products to this Website or you otherwise provide feedback, product or service reviews or testimonials, you grant Company a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you. 

You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on this Website. Company reserves the right to remove any User Content from this Website at any time, and for any reason, without notice. We are not liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Monitoring and Enforcement; Termination

Company has the right to:

  1. remove or refuse to post any User Contributions or User Content for any or no reason in Company’s sole discretion; 

  1. take any action with respect to any User Contribution or User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution or User Content violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of this Website or the public, or could create liability for the Company; 

  1. disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; 

  1. take appropriate legal action, including, but not limited to, referral to law enforcement, for any illegal or unauthorized use of this Website; and/or

  1.  terminate or suspend your access to all or part of this Website for any or no reason, including, but not limited to, any violation of these Terms.

Without limiting the foregoing, Company has the right to cooperate fully with any law enforcement authorities or court order requesting or directing Company to disclose the identity or other information of anyone posting any materials on or through this Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, Company does not undertake to review all material before it is posted on this Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Company assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this Monitoring and Enforcement; Termination section. 

Content Standards

These content standards apply to any and all User Contributions, User Content, and use of Interactive Services. User Contributions and User Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions and User Content must not:

  1. contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; 

  1. promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; 

  1. infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; 

  1. violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy

  1. be likely to deceive any person; 

  1. promote any illegal activity, or advocate, promote, or assist any unlawful act; 

  1. cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; 

  1. impersonate any person, or misrepresent your identity or affiliation with any person or organization; 

  1. involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; and/or

  1. give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Intellectual Property Usage and Reporting Infringement

Company respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content and/or User Contributions does not infringe any third party’s right or other intellectual property rights. Company may remove content that in its sole discretion appears to infringe the intellectual property rights of others. In addition, Company will, in its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that this Website or any User Contributions and/or User Content contains elements that infringe or misappropriate your copyrights or other intellectual property rights (or the intellectual property rights of others), please notify Company at hello@thesolotrainer.com, and provide the following information: 

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work; 

  1. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material; 

  1. Your name, address, telephone number, and email address; 

  1. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; 

  1. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and/or

  1. A signature or the electronic equivalent from the copyright holder or authorized representative.In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users who are repeat infringers.

  1. Reliance on Information Posted. The information presented on or through this Website is provided “AS IS”, and is made available solely for general information purposes. Company does not make any express or implied representations or warranties of any kind, including, but not limited to, the accuracy, completeness, or usefulness of this information or any materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you. Any reliance you place on such information is strictly at your own risk. COMPANY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THIS WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

This Website may include content provided by third parties, including, but not limited to, materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. Company is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

  1. Changes to this Website. Company may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on this Website may be out of date at any given time, and we are under no obligation to update such material.

  1. Information About You and Your Visits to this Website. All information the Company collects on this Website is subject to our Privacy Policy. By using this Website, you consent to all actions taken by Company with respect to your information in compliance with the Privacy Policy.

  1. Online Purchases and Other Terms and Conditions. All purchases through this Website or other transactions for the sale of goods, services, and/or information formed through this Website, or resulting from visits made by you, are governed by our Terms of Sale, which are incorporated into these Terms.

Additional terms and conditions may also apply to specific portions, services, or features of this Website. All such additional terms and conditions are incorporated by this reference into these Terms.

  1. Linking to this Website and Social Media Features. You may link to the Company’s homepage, provided you do so in a way that is fair and legal and does not damage the Company’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our prior written consent.

This Website may provide certain social media features that enable you to:

  1. link from your own or certain third-party websites to certain content on this Website; 

  1. send emails or other communications with certain content, or links to certain content, on this Website; and/or

  1. cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by the Company and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  1. establish a link from any website that is not owned by you; 

  1. cause this Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; 

  1. link to any part of this Website other than the homepage; and/or

  1. otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.

You agree to cooperate with Company in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in Company’s discretion. 

  1. Links from this Website. If this Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including, but not limited to, banner advertisements and sponsored links. The Company has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

  1. Geographic Restrictions. The owner of this Website is based in the State of Virginia in the United States. The Company provides this Website for use only by persons located in the United States. We make no claims that this Website or any of its content is accessible or appropriate outside of the United States. Access to this Website may not be legal by certain persons or in certain countries. If you access this Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  1. Disclaimer of Warranties. YOU UNDERSTAND THAT THE COMPANY CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THIS WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THIS WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THIS WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitation of Liability.  YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEBSITE, WITH THE DELAY OR INABILITY TO USE THIS WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

UNDER NO CIRCUMSTANCES WHATSOEVER SHALL COMPANY’S AGGREGATE LIABILITY RESULTING FROM OR RELATING TO YOUR USE OF THE WEBSITE EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO COMPANY OVER THE 12 MONTHS PRECEDING THE DATE YOUR FIRST CLAIM(S) AROSE.

  1. Indemnification. You agree to defend, indemnify, and hold harmless, to the fullest extent of the law, the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of any of the provisions of these Terms or your use of this Website, including, but not limited to, your User Contributions and/or User Content, any use of this Website's content, services, and Products other than as expressly authorized in these Terms, or your use of any information obtained from this Website.

  1. Arbitration

  1. Any dispute, controversy, or claim arising out of or relating to your relationship with Company, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory and expressly including any claims for violation of any state consumer protection act or the federal Telephonic Consumer Protection Act or any state or international law equivalents (collectively, “Claims”), shall be resolved by binding arbitration. The only exceptions 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.

  1. The arbitration shall be administrated by the American Arbitration Association or its successor (“AAA”) in accordance with its Consumer Rules or any other applicable AAA rules and applying Virginia law. To the extent there is a conflict between this arbitration provision and the AAA’s Consumer Rules, this arbitration provision controls. In the event that the AAA is no longer in business, then the parties will attempt to agree on an alternative agency. If one cannot be agreed to, then the parties agree that a court of competent jurisdiction may select the arbitration agency for them. The arbitration shall be conducted before a single arbitrator. The arbitration will be conducted in a mutually agreeable location in your state of residence. The decision of the arbitrator shall be final and binding and may be entered as a judgment by any court of competent jurisdiction.

  1. Before initiating an arbitration, you must first send, by certified mail or a nationally recognized courier service like Fedex or UPS, a written Notice of Dispute (“Notice”) addressed to: 1735 Burning Tree Drive, Vienna, VA 22182 (“Notice Address”). The Notice must (i) describe the nature and basis of the Claim; and (ii) set forth the specific relief sought. If the you and we do not reach an agreement to resolve the Claim within 60 days after the Notice is received, you may commence an arbitration proceeding with the AAA by submitting the Notice of Dispute to the AAA and initiating the arbitration and sending a copy, by certified mail or courier service, of the initiated arbitration to the Notice Address. During the arbitration, other than informing the arbitrator that the Notice was properly provided, no information regarding any settlement offer made by either party shall be disclosed to the arbitrator. Unless prohibited by applicable law, any Claim must be submitted to us in a Notice of Dispute within one year from the occurrence of the facts giving rise to such Claim.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1.  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.

  1. 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.

  1. With the exception of subparts (d) and (e) 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 (d) or (e) 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.

  1. 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.

  1. 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 18 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

  1. 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.

  1. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

  1. Notices. 

  1. 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 this Website. 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. 

  1. 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 Drive, 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.

  1. 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.

  1. Entire Agreement. 

  1. These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between you and Company in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same. 

  1. These Terms, our Privacy Policy, Disclaimers, and Terms of Sale constitute the sole and entire agreement between you and Company regarding this Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding this Website.

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.

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