Terms & Conditions

SOLOCICLA TERMS OF USE

This Terms of Use Agreement (the “Agreement”), effective as of April 23, 2014 states the terms and conditions that govern the contractual agreement between Solo Spin LLC d/b/a Solocicla, (“Solocicla”) and you (the “User”) who agrees to be bound by this Agreement in regard to the User’s access to www.Solocicla.com (the “Site”), which is owned and operated by Solocicla.

  1. COM. Through the Site, Solocicla facilitates a venue through which Users may schedule a class, learn about our company, and purchase certain items (the “Service”). By logging onto the Site and/or using the Service, the User agrees to this Agreement and the associated Privacy Policy located elsewhere on the Site. Employer Users must agree to the Solocicla Employer Agreement, into which the terms of this Agreement are incorporated.
  1. GENERAL PERMISSIONS AND RESTRICTIONS WITH REGARD TO USE OF THE SITE.
    1. Solocicla grants the User a limited license to access and make personal use of the Site and not to download (other than page cacheing) or modify any portion of the Site. This license does not include any resale or commercial use of the Site or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of this Site or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools.
    2. The User agrees not to use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Site. The User will not take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure. The User agrees not to use any robot, spider, other automatic device, or manual process to monitor or copy any content from the Site, unless such use is by a search engine employed to direct Internet users to the Site.
    3. The Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. The User may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Solocicla or its associates without express written consent. The User may not use any meta tags or any other “hidden” text utilizing Solocicla’s name or trademarks without the express written consent of Solocicla.
    4. Any unauthorized use terminates the permission or license granted by Solocicla to the User. The User is granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site so long as the link does not portray Solocicla, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
  1. NO REFUNDS. All purchases made through the Site are final and binding on the User. In the Company’s discretion it may offer an exchange for a corresponding product in the event there is a defect in any product that exists through no fault of the User.
  1. FAILURE TO ATTEND SCHEDULED CLASS. If the User fails to attend any scheduled class booked pursuant to the purchase of an unlimited or package deal, there shall be no refund and the User shall be charged an additional $20 as a fee for failure to attend without notice.
  1. CANCELLATION POLICY. The User hereby acknowledges and agrees that consistency in scheduling is imperative to the Company’s business. Thus, if the User wants to cancel any class that has been reserved, such User must do so before 5 PM the day prior to the date of the scheduled class or no refund will be issued. Furthermore, if the User makes any such late cancellation for any class scheduled pursuant to the purchase of an unlimited or package deal, the User shall be charged an additional $11 fee for such late cancellation.
  1. INTELLECTUAL PROPERTY. The Site holds certain content, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software, that is the property of Solocicla or its content suppliers and protected by international copyright laws. The Site may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights belonging to Solocicla and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Solocicla and/or other parties is granted to or conferred upon the User.

To notify Solocicla of any copyright-infringing content, please contact us at info@Solocicla.com with the following information in accordance with the Digital Millenium Copyright Act:

  • Identification of the allegedly copyright-infringing material
  • Identifying of the allegedly infringed-upon work and the copyright-holder of said work
  • Information reasonably sufficient for Company to contact you
  • A statement that you have a good faith belief that use of the material in the manner complaint of is not authorized by the copyright owner, its agent, or the law
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  1. Solocicla shall be free to reproduce, use, disclose, and distribute any and all communication conducted with Solocicla through the Site including but not limited to feedback, questions, comments, suggestions and the like (the “Communications”). The User shall have no right of confidentiality in the Communications and Solocicla shall have no obligation to protect the Communications from disclosure. Solocicla shall be free to use any ideas, concepts, know-how, content or techniques contained in the Communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
  1. DISCLAIMER OF WARRANTIES. The User agrees not to rely on the Site, the Services, or any information on the Site. The Services are provided “as is,” as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title, and non-infringement, arising by statute or otherwise in law from a course of dealing or usage or trade). Solocicla disclaims all and makes no representations or warranties of any kind, either express or implied, as to the accuracy of any information posted on the Site. Some states and jurisdictions no not allow for all the foregoing limitations on implied warranties, so some of the foregoing limitations may not apply to all Users.
  1. LIMITATION OF LIABILITY. In the event of a dispute between any User and Solocicla, neither such User nor Solocicla shall be liabile for any special, indirect, consequential, incidental, or punitive damages, including but not limited to, loss of profits, loss of business opportunities or loss of goodwill, even if advised of the possibility of such damages.
  1. The User agrees to defend, hold harmless, and indemnify Solocicla from and against any and all losses, costs, expenses, damages, or other liabilities (including reasonable attorneys’ fees and costs) incurred by Solocicla arising from or related to any cause of action, claim, suit, proceeding, demand, or action brought by a third party against Solocicla (a) in connection with the User’s use of the Site or Services; (b) in connection with any Content posted to the Site by the User; or (c) any harm caused by any party with whom the User engaged through the Services.
  1. USER ACCOUNT. The User may register to the Site with an account in order to make use of certain functions and/or the Service (the “User Account”). The User is responsible for maintaining the confidentiality of the username and password that the User designates during the registration process, and the User is fully responsible for all activities that occur under the User Account. The User agrees to: (i) immediately notify the Company of any unauthorized use of the User Account or any other breach of security, and (ii) ensure that the User exits from the User Account at the end of each session. The Company will not be liable for any loss or damage arising from the User’s failure to comply with this provision. The User should use particular caution when accessing the User Account from a public or shared computer to ensure that others are not able to view or record the User Account’s username and password and/or other personal information. The Company reserves the right to terminate or suspend any User’s User Account and/or access to the Site and the Service if the Company determines (in its sole discretion) that any such User has violated this Agreement.

 

  1. TERM AND TERMINATION. This Agreement will remain in effect until terminated by either party. If the User is dissatisfied with the Service or any of the terms and conditions contained herein, the sole and exclusive remedy is to terminate the User Account. The User may cancel the User Account and participation in the Service at any time. Notwithstanding anything contained in this Agreement to the contrary, Solocicla may, in its sole discretion, terminate the User Account, and discontinue the User’s participation in the Service. Reasons for Solocicla’s determination to so terminate or discontinue the User’s Account or participation as provided for above, include, but are not limited to, if Solocicla believes that the User has violated this Agreement or other policies or guidelines of the Service or that of any other party, or if Solocicla believes that the User’s conduct may be harmful to other consumers, advertisers or licensees who participate in or facilitate the Service.
  1. MANDATORY ARBITRATION. If the User and Solocicla have not been able to resolve a dispute within 60 days of Solocicla being notified or notifying the User of such dispute, both parties agree to resolve any dispute by binding arbitration before a mutually-agreed-upon arbitrator located in San Diego County, California.
    1. The User agrees that the Federal Arbitration Act and the internal substantive laws of the State of California, REGARDLESS OF THE USER’S COUNTRY OR STATE OF ORIGIN OR FROM WHERE THE USER ACCESSES THE SITE, and regardless of any principle of law that may provide for the application of the law of another jurisdiction will govern this Agreement. The User agrees that any claim or dispute the User may have against Solocicla must be resolved by a court located in San Diego County, California. The User hereby submit to the exclusive personal jurisdiction of the courts located within San Diego County, California for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, you and Solocicla retain the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the arbitration provision below including any provisional relief required to prevent irreparable harm.

 

  1. ERRORS AND OMISSIONS. The Site may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to the Service. Solocicla shall not assume responsibility or liability for any such inaccuracies, errors or omissions. Solocicla reserves the right to make changes, corrections, cancellations and/or improvements to any information contained on the Site, and to the Services, at any time without notice.
  1. THIRD PARTY LINKS. There are links on the Application that lead to third party websites, including those of advertisers. Solocicla is not responsible for the privacy policies of those websites or the cookies those websites use. In addition, because Solocicla has no control over such websites and resources, the User acknowledges and agrees that Solocicla is not responsible for the availability of such websites, does not endorse, and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites.
  1. NOTICE TO USERS IN CALIFORNIA. Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
  1. Solocicla has the right at any time or from time to time to modify or amend this Agreement. Should Solocicla choose to modify this Agreement the Site will display such changes, which will be User’s only notification of any such change. Any use of the Site or the Service by User after such notification shall constitute User’s acceptance of the modified or amended terms. No modification to this Agreement made by User shall be binding upon Solocicla.
  1. FORCE MAJEURE. In the event that Solocicla is unable to perform any of its obligations under this Agreement or to enjoy any of its benefits because of natural disaster, terrorism, fire, explosion, power blackout, earthquake, flood, the elements, strike, embargo, labor disputes, acts of civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, actions or decrees of governmental bodies or communication line failure not the fault of Solocicla or other causes beyond Solocicla’s reasonable control (a “Force Majeure Event”) Solocicla shall immediately give notice to the User and shall do everything possible to resume performance. Upon receipt of such notice, all obligations under this Agreement shall be immediately suspended. If the period of nonperformance exceeds seven (7) days from the receipt of notice of the Force Majeure Event, the User may by giving written notice immediately terminate this Agreement.
  1. If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.
  1. This Agreement and the interpretation of the terms herein shall be governed by and construed in accordance with the laws of the State of California, without regard to the principles of conflict of laws. The User irrevocably submits to the exclusive jurisdiction of the federal and state courts located in Los Angeles County, California.

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