All users of the SOMA mobile app are advised to get the approval of a medical professional before practicing the exercises taught in the app. Somatic Movement Center LLC is not responsible for any injury, pain, or death incurred while practicing the exercises.
Somatic Movement Center LLC owns and operates the SOMA mobile app. This document governs your relationship with Somatic Movement Center LLC. Access to and use of the SOMA app and the products and services available through this app (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time.
The Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Somatic Movement Center LLC. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Somatic Movement Center LLC.
Access to the SOMA app is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the SOMA app is unavailable at any time or for any period.
The SOMA app may contain links to other websites (the “Linked Sites”), which are not operated by Somatic Movement Center LLC. Somatic Movement Center LLC has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
PROHIBITIONS
You must not misuse the SOMA app. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this app. Breaching this provision would constitute a criminal offense and Somatic Movement Center LLC will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
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 this app or to your downloading of any material posted on it, or on any website linked to it.
INTELLECTUAL PROPERTY, SOFTWARE, AND CONTENT
The intellectual property rights in all software and content (including photographic images, videos and audio files) made available to you on or through the SOMA app remains the property of Somatic Movement Center LLC or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Somatic Movement Center LLC and its licensors. You may use the content supplied solely for your own personal use. You are not permitted to publish, transmit, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears in this app nor may you use any such content in connection with any business or commercial enterprise.
TERMS OF SALE
By registering for the SOMA app, you are subject to the following Terms and Conditions. Need to update to be accurate with app stores: In order to contract with Somatic Movement Center, LLC you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Somatic Movement Center retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Somatic Movement Center or may in some cases be a third party. Where a contract is made with a third party, Somatic Movement Center is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
DISCLAIMER OF LIABILITY
The material displayed in the SOMA app is provided without any guarantees, conditions, or warranties as to its efficacy or accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, Somatic Movement Center LLC and its suppliers, content providers, and advertisers hereby expressly exclude all conditions, warranties, and other terms which might otherwise be implied by statute, common law, or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this app or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Somatic Movement Center LLC's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
All users of Somatic Movement Center LLC and the SOMA app are advised to get the approval of a medical professional before practicing the movements taught in the classes and courses. Somatic Movement Center LLC is not responsible for any injury, pain, or death incurred while practicing the movements.
TERMS OF SALE
The first three days of the SOMA mobile app are free. After the initial three days, users are charged $6.99 plus tax per month. Users may cancel their subscription at any time. Users must cancel more than 24 hours before their monthly subscription renewal in order to avoid being charged for the next month.
LINKING TO THE SOMA APP
You may link to the SOMA app, provided you do so in a way that is fair and legal and does not damage our 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 where none exists. You must not establish a link from any website or app that is not owned by you. We reserve the right to withdraw linking permission without notice.
DISCLAIMER AS TO OWNERSHIP OF TRADEMARKS, IMAGES OF PERSONALITIES, AND THIRD PARTY COPYRIGHT
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured in the SOMA app are in no way associated, linked, or affiliated with Somatic Movement Center LLC and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured in this app are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Somatic Movement Center LLC.
INDEMNITY
You agree to indemnify, defend, and hold harmless Somatic Movement Center LLC, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use the SOMA app or your breach of the Terms of Service.
VARIATION
Somatic Movement Center LLC shall have the right in its absolute discretion at any time and without notice to amend, remove, or vary the Services and/or any page of the SOMA app.
INVALIDITY
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
WAIVER
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.