TERMS & CONDITIONS

1. Intellectual Property Protection

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to SŌMA, and subject to trade dress, copyright, patent and/or trademark laws, and various other intellectual property rights whether such applications are in force, in process or pending.

Except as expressly provided herein, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without SŌMA’s express prior written consent.

However, you may use information on SŌMA products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by SŌMA for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any SŌMA server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

2. Use of Website

You agree to use the site only for lawful purposes and in accordance with the following Terms. You may not:

  • Attempt to breach website security

  • Use the site to transmit harmful or fraudulent information

  • Copy or reproduce site content without permission

3. Removal of Links from our Website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us. We will consider requests to remove links but are not obligated to or so or to respond to you directly.

4. Site Accuracy

Whereas, we make every attempt to keep our website up to date and accurate, we do not warrant its completeness or accuracy; nor do we promise that the website will remain up and available 100 percent of the time.

5. Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You agree to remove immediately all links to our Website upon request. We also reserve the right to amend these terms and conditions and it's linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

6. License

Unless otherwise stated, SŌMA and/or its licensors own the intellectual property rights for all material on the SŌMA website. All intellectual property rights are reserved. You may use the website for personal use subject to restrictions set in these terms and conditions.

You must not:

  • Republish material from the SŌMA Website

  • Sell, rent or sub-license material from the SŌMA Website

  • Reproduce, duplicate or copy material from the SŌMA Website

  • Redistribute content from the SŌMA Website

7. Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;

  • Search engines;

  • News organizations;

  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;

  • dot.com community sites

  • associations or other groups representing charities;

  • online directory distributors;

  • internet portals;

  • accounting, law and consulting firms; and

  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us or our accredited businesses look unfavorable; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink sufficiently compensates SŌMA; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organizations listed in the paragraph above and are interested in linking to our website, you must inform us by sending an e-mail to info@somafitnessxrecovery.com. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Please allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or

  • By use of the uniform resource locator being linked to; or

  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of SŌMA’s logo or other artwork will be allowed for linking absent a trademark license agreement.

Content Liability: We will not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

8. iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

9. Health & Liability Waiver

By booking any SŌMA fitness or recovery services, you acknowledge and agree that:

  • Physical activity involves inherent risks

  • You are voluntarily participating and assume responsibility for any injuries or damages

  • You have disclosed relevant medical conditions to your trainer or practitioner

  • SŌMA, its staff, and contractors are not liable for injuries resulting from participation except where prohibited by law

To the maximum extent permitted by Texas law, SŌMA, its owners, employees, trainers, contractors, and affiliates are not liable for injuries resulting from participation, except in cases of gross negligence or intentional misconduct, per Texas Civil Practice & Remedies Code.

10. Cancellation, Rescheduling & Refunds

Our cancellation and refund policies comply with Texas Business & Commerce Code requirements and are outlined at checkout and on our scheduling platform. By booking, you agree to those policies. Policies are provided at the time of purchase. By booking any SŌMA service or purchasing any product, you agree to adhere to those policies.

11. Intellectual Property

All website content—including logos, text, images, videos, and branding—is the property of SŌMA: Fitness x Recovery, LLC and may not be used without written permission.

12. User Accounts

If you create an account:

  • You are responsible for maintaining confidentiality of your login details

  • You must notify us immediately of any unauthorized access

13. Prohibited Conduct

You agree not to:

  • Harass or harm staff or other clients

  • Use the space or website for unlawful purposes

  • Record or photograph others without permission

14. Disclaimer of Warranties

We provide the website and services “as is” and “as available.” We make no warranties regarding uninterrupted access, error-free content, or specific fitness outcomes. To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website.

The limitations and prohibitions of liability set forth in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

The information on the website are provided free of charge, and we will not be liable for any loss or damage of any nature.

Specific Disclaimers:

SŌMA DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SŌMA CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SŌMA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SŌMA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SŌMA SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SŌMA FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

SŌMA reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

15. Limitation of Liability

To the fullest extent permitted by law, SŌMA is not liable for:

  • Indirect, incidental, or punitive damages

  • Loss of data, profits, or use

  • Injuries or damages resulting from participation in classes, sessions, or use of equipment

Except where prohibited by law, in no event will SŌMA be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if SŌMA has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use and jurisdictional limit allowances for liability, SŌMA is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, SŌMA’s liability shall in no event exceed the greater of (1) the total of any fees paid with respect to any services featured on the Site up to six (6) months prior to the date of the initial claim made against SŌMA, or (2) US$100.00 whichever is less.

16. Indemnification

You agree to indemnify and hold harmless SŌMA, its employees, officers, contractors, and affiliates from any claims or liabilities arising from your use of the website or services.

17. Indemnity

You agree to indemnify and hold SŌMA, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including reasonable attorneys’ fees), made against SŌMA by any third party due to or arising out of or in connection with your use of the Site.

18. Violation of these Terms of Use

SŌMA may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) SŌMA’s rights or property, or the rights or property of visitors to or users of the Site, including SŌMA’s customers. SŌMA reserves the right at all times to disclose any information that SŌMA deems necessary to comply with any applicable law, regulation, legal process or governmental request. SŌMA also may disclose your information when SŌMA determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that SŌMA may preserve any transmittal or communication by you with SŌMA through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or SŌMA determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of SŌMA, its employees, users of or visitors to the Site, and the public.

You agree that SŌMA may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to SŌMA, for which monetary damages would be inadequate, and you consent to SŌMA obtaining any injunctive or equitable relief that SŌMA deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies SŌMA may have at law or in equity.

You agree that SŌMA may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If SŌMA does take any legal action against you as a result of your violation of these Terms of Use, SŌMA will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to SŌMA. You agree that SŌMA will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

19. Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Texas without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Travis County, Texas, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between SŌMA and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

20. Changes to Policy and Terms of Use

We reserve the right to update the PTU at any time. Continued use of the website or services after such changes constitutes acceptance.

21. Contact Information

For questions about our PTU, contact us at: info@somafitnessxrecovery.com