Terms of Service

Welcome to www.soarfitnessnutrition.com. The www.soarfitnessnutrition.com website (the “site”) is comprised of various webpages operated by SOAR Fitness & Nutrition. The information contained on soarfitnessnutrition.com website (the "Service") is for general information purposes only. Your use of www.soarfitnessnutrition.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.soarfitnessnutrition.com is an informative site. www.soarfitnessnutrition.com provides services, information, and resources to encourage optimal health & wellness through healthy eating and active living.

This website offers health, fitness, and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid, or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. You should consult your physician or other health care professional before starting any health, fitness or wellness program to determine if it is right for your needs. The use of any information provided on this site is solely at your own risk.

Electronic Communications

When you visit the Website or send any emails to us, you will be communicating electronically with us. By such electronic communication, you agree to receive such communications from us electronically. You acknowledge that your electronic submissions constitute your agreement and your acceptance to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all transactions you enter into on the Website, and all records including notices of cancellation, policies, contracts, and applications.

We will never sell or share your information. Subscribers have the option to unsubscribe at any time via a link at the bottom of each email.

Children Under Thirteen

SOAR Fitness & Nutrition does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.soarfitnessnutrition.com only with the permission of a parent or guardian.

External Links Disclaimer

www.soarfitnessnutrition.com website may contain links to external websites (“Linked Sites”) that are not provided or maintained by or in any way affiliated with SOAR Fitness & Nutrition. The Linked Sites are not under the control of SOAR Fitness & Nutrition and SOAR Fitness & Nutrition is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SOAR Fitness & Nutrition is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SOAR Fitness & Nutrition of the site or any association with its operators.

Certain services made available via www.soarfitnessnutrition.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the soarfitnessnutrition.com domain, you hereby acknowledge and constant that SOAR Fitness & Nutrition may share such information and data with any third party with whom SOAR Fitness & Nutrition has contractual relationship to provide the requested product, service or functionality on behalf of www.soarfitnessnutrition.com users and customers.

Please note that the SOAR Fitness & Nutrition does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites. If you decide to visit any linked third party website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. SOAR Fitness & Nutrition does not make any warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Any third party links do not imply that SOAR Fitness & Nutrition sponsors, endorses, is affiliated or associated with any linked third party websites unless an affiliate disclosure is provided.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.soarfitnessnutrition.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to SOAR Fitness & Nutrition that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You man not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of SOAR Fitness & Nutrition or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. SOAR Fitness & Nutrition content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of SOAR Fitness & Nutrition and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of SOAR Fitness & Nutrition or our licensors except as expressly authorized by these Terms.

The content displayed on the website is the intellectual property of SOAR Fitness & Nutrition unless otherwise specified. You may not reuse, republish, repost, or reprint such content without our written consent.  

Third-Party Accounts

You will be able to connect your SOAR Fitness & Nutrition account to third party accounts. By connecting SOAR Fitness & Nutrition account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you shared in this manner, do not use this feature.  

International Users

The Service is controlled, operated, and administered by SOAR Fitness & Nutrition from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the SOAR Fitness & Nutrition Content accessed through www.soarfitnessnutrition.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 

Indemnification

You agree to indemnify, defend, and hold harmless SOAR Fitness & Nutrition, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or you violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. SOAR Fitness & Nutrition reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject o indemnification by you, in which event you will fully cooperate with SOAR Fitness & Nutrition in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Liability Disclaimer

The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. SOAR Fitness & Nutrition and/or its suppliers may make improvements and/or changes in the site at any time.

SOAR Fitness & Nutrition and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. SOAR Fitness & Nutrition and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall SOAR Fitness & Nutrition 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 the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if SOAR Fitness & Nutrition 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 the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

Testimonial Release

If you choose to share a testimonial or review on this website, you are granting permission to copy, publish, share, or distribute the testimonial for marketing or any other lawful purpose. Your privacy is important to us and if we choose to include your name, we will first attempt to obtain your written permission via email before including your name and testimonial on our website.

Testimonial Disclaimer

The site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. Your individual results may vary. 

Termination/Access Restriction

SOAR Fitness & Nutrition reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and SOAR Fitness & Nutrition as a result of this agreement or use of the Site. SOAR Fitness & Nutrition’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SOAR Fitness & Nutrition’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by SOAR Fitness & Nutrition with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SOAR Fitness & Nutrition with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SOAR Fitness & Nutrition with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

SOAR Fitness & Nutrition reserves the right, in its sole discretion, to change the Terms under which www.soarfitnessnutrition.com is offered. The most current version of the Terms will supersede all previous versions. SOAR Fitness & Nutrition encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

SOAR Fitness & Nutrition welcomes your questions or comments regarding the Terms:

Email Address:

sararose@soarfitnessnutrition.com

Effective as of January 2021