TERMS OF SERVICE AGREEMENT
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the
relationship with our users and others which may interact or interface with SoFlo Fitness And Wellness, also
known as SoFlo Fit And Well, located at 401 E. Las Olas Blvd. #130, Fort Lauderdale, Florida 33301, and
our subsidiaries and affiliates, in association with the use of the SoFlo Fit And Well website, which includes
www.soflofitandwell.com (the “Site”) and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website which has the following description:
To connect individuals and businesses looking for health and wellness related services to relevant health and
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the
herein contained Services provided for the purpose of this TOS. Once an individual registers for our Services,
through the process of creating an account, the user shall then be considered a “member.”
The user and/or member acknowledges and agrees that the Services provided and made available through our
website and applications, which may include some mobile applications and that those applications may be made
available on various social media networking sites and numerous other platforms and downloadable
programs, are the sole property of SoFlo Fitness And Wellness. At its discretion, SoFlo Fitness And Wellness
may offer additional website Services and/or products, or update, modify or revise any current content and
Services, and this Agreement shall apply to any and all additional Services and/or products and any and all
updated, modified or revised Services unless otherwise stipulated. SoFlo Fitness And Wellness does hereby
reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the
end user and/or member, acknowledge, accept and agree that SoFlo Fitness And Wellness shall not be held
liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services
and/or products. Your continued use of the Services provided, after such posting of any updates, changes,
and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as
such, frequent review of this Agreement and any and all applicable terms and policies should be made by you
to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated,
modified, revised or modified terms, you must stop using the provided Services.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be
provided “AS IS” and as such SoFlo Fitness And Wellness shall not assume any responsibility or obligation
for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or
To register and become a “member” of the Site, you must be 18 years of age to enter into and form a legally binding
contract. In addition, you must be in good standing and not an individual that has been previously
barred from receiving SoFlo Fit And Well’s Services under the laws and statutes of the United States or other
Furthermore, the registering party hereby acknowledges, understands and agrees to:
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, SoFlo
Fitness And Wellness will have sufficient grounds and rights to suspend or terminate the member in violation
of this aspect of the Agreement, and as such refuse any and all current or future use of SoFlo Fitness And
Wellness Services, or any portion thereof.
It is SoFlo Fitness And Wellness’s priority to ensure the safety and privacy of all its visitors, users and
members, especially that of children. Therefore, it is for this reason that the parents of any child under the age
of 13 that permit their child or children access to the SoFlo Fit And Well website platform Services must create a
“family” account, which will certify that the individual creating the “family” account is of 18 years of
age and as such, the parent or legal guardian of any child or children registered under the “family” account. As the
creator of the “family” account, s/he is thereby granting permission for his/her child or children to
access the various Services provided, including, but not limited to, message boards, email, and/or instant
messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services
and/or content provided are age-appropriate for his/her child.
Every member’s registration data and various other personal information are strictly protected by the SoFlo
www.soflofitandwell.com/privacy-policy/). As a member, you herein consent to the collection and use of the
information provided, including the transfer of information within the United States and/or other countries for
storage, processing or use by SoFlo Fitness And Wellness and/or our subsidiaries and affiliates.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
After completion of the registration data and creation of your username, you will receive a random password
—which you can later change—and account designation. You shall be responsible for maintaining the
secrecy and confidentiality of your password and for all activities that transpire on or within your account. It
shall be your responsibility to notify SoFlo Fitness And Wellness immediately if you notice any unauthorized
access or use of your account or password or any other breach of security. SoFlo Fitness And Wellness shall
not be held liable for any loss and/or damage arising from any failure to comply with this term and/or
condition of the TOS.
As a member of the Site, you herein acknowledge, understand and agree that all information, text, software,
data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted
and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or
otherwise made available by way of SoFlo Fit And Well Services, and as such, we do not guarantee the accuracy,
integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to
content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by SoFlo Fit And Well.
Furthermore, you herein agree not to make use of SoFlo Fitness And Wellness’s Services for the purpose of:
prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
SoFlo Fitness And Wellness herein reserves the right to pre-screen, refuse and/or delete any content currently
available through our Services. In addition, we reserve the right to remove and/or delete any such content that
would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or
SoFlo Fitness And Wellness herein reserves the right to access, preserve and/or disclose member account
information and/or content if it is requested to do so by law or in good faith belief that any such action is
deemed reasonably necessary for:
SoFlo Fitness And Wellness herein reserves the right to include the use of security components that may
permit digital information or material to be protected, and that such use of information and/or material is
subject to usage guidelines and regulations established by SoFlo Fitness And Wellness or any other content
providers supplying content services to SoFlo Fitness And Wellness. You are hereby prohibited from making any
attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized
reproduction, publication, distribution, or exhibition of any information or materials supplied by
our Services, despite whether done so in whole or in part, is expressly prohibited.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all
local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting
and/or transferring of software, technology and other technical data may be subject to the export and import
laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply
with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export
Administration Regulations (https://www.access.gpo.gov/bis/ear/ear_data.html), as well as the
sanctions control program of the United States (https://www.treasury.gov/resource-
center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
SoFlo Fitness And Wellness shall not lay claim to ownership of any content submitted by any visitor ,
member or user, or make such content available for inclusion on our website Services. Therefore, you hereby
grant and allow for SoFlo Fitness And Wellness the below listed worldwide, royalty-free and non-exclusive
licenses, as applicable:
Those areas which may be deemed “publicly accessible” areas of SoFlo Fitness And Wellness’s sites are
those such areas of our network properties which are meant to be available to the general public, and which
would include message boards and groups that are openly available to both visitors and members . However,
those areas which are not open to the public, and thus available to members only, would include our mail
system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
SoFlo Fitness And Wellness provides an area for our users and members to contribute feedback to our
website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you
acknowledge and agree that:
All users and/or members herein agree to insure and hold SoFlo Fitness And Wellness, our subsidiaries,
affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or
demand, which may include, but is not limited to, reasonable attorney fees made by any third party, which may arise
from any content a member or user of our site may submit, post, modify, transmit or otherwise
make available through our Services, the use of SoFlo Fit And Well Services or your connection with these
Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any
commercial reason any part, use of, or access to SoFlo Fit And Well’s sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that SoFlo Fitness And Wellness may set up any such practices and/or limits
regarding the use of our Services, without limitation of the maximum number of days that any email, message
posting or any other uploaded content shall be retained by SoFlo Fitness And Wellness, nor the maximum
number of email messages that may be sent and/or received by any member, the maximum volume or size of
any email message that may be sent from or may be received by an account on our Service, the maximum
disk space allowable that shall be allocated on SoFlo Fitness And Wellness’s servers on the member’s behalf, and/or
the maximum number of times and/or duration that any member may access our Services in a given period of time.
In addition, you also agree that SoFlo Fitness And Wellness has absolutely no responsibility
or liability for the removal or failure to maintain storage of any messages and/or other communications or
content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete
or remove any account that is no longer active for an extended period of time. Furthermore, SoFlo
Fitness And Wellness shall reserve the right to modify, alter and/or update these general practices and limits at
SoFlo Fitness And Wellness shall reserve the right at any time it may deem fit, to modify, alter and or
discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice.
In addition, we shall not be held liable to you or to any third party for any such alteration, modification,
suspension and/or discontinuance of our Services, or any part thereof.
As a member of www.soflofitandwell.com, you may cancel or terminate your account, associated email
address and/or access to our Services by submitting a cancellation or termination request to
As a member, you agree that SoFlo Fitness And Wellness may, without any prior written notice, immediately
suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any
of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access
shall include, but is not limited to:
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations
of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third
party with regards to the termination of your account, associated email address and/or access to any of our
The termination of your account with www.soflofitandwell.com shall include any and/or all of the following:
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located
on or through our Services, which may include the payment and/or delivery of such related goods and/or
Services, and any such other term, condition, warranty and/or representation associated with such dealings,
are and shall be solely between you and any such advertiser. Moreover, you herein agree that SoFlo Fitness
And Wellness shall not be held responsible or liable for any loss or damage of any nature or manner incurred
as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either SoFlo Fitness And Wellness or any third parties may provide links to other websites and/or resources.
Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or
resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or
any other materials, on or available from such third party sites or resources. Furthermore, you
acknowledge and agree that SoFlo Fitness And Wellness shall not be responsible or liable, directly or
indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in
connection with the use of or the reliance on any such content, goods or Services made available on or
through any such site or resource.
You do hereby acknowledge and agree that SoFlo Fitness And Wellness’s Services and any essential
software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential
material that is protected by applicable intellectual property rights and other laws. Furthermore,
you herein acknowledge and agree that any Content which may be contained in any advertisements or
information presented by and through our Services or by advertisers is protected by copyrights, trademarks,
patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by
applicable law or as authorized by SoFlo Fitness And Wellness or such applicable licensor, you agree not to
alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic
works which are based on SoFlo Fitness And Wellness Services (e.g. Content or Software), in
whole or part.
SoFlo Fitness And Wellness herein has granted you personal, non-transferable and non-exclusive rights
and/or license to make use of the object code or our Software on a single computer, as long as you do not,
and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse
engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign,
sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore,
you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use
any modified versions of the Software, including and without limitation, for the purpose of obtaining
unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services
through any means other than through the interface which is provided by SoFlo Fitness And Wellness for use
in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
LIMITATION OF LIABILITY
YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT SOFLO FITNESS AND
WELLNESS AND OUR SUBISDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE,
INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT
LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE,
DATA AND/OR OTHER INTANGILBE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH
POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or other
information from our Services concerning companies, stock quotes, investments or securities, please review the
above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular
type of information, the phrase “Let the investor beware” is appropriate. SoFlo Fitness And Wellness’s
content is provided primarily for informational purposes, and no content that shall be provided or included in
our Services is intended for trading or investing purposes. SoFlo Fitness And Wellness and our licensors shall
not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or
made available by way of our Services, and shall not be responsible or liable for any trading and/or
investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF EXCLUSION OF LAIBILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY
TO YOU .
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there
shall be third-party beneficiaries to this agreement.
SoFlo Fitness And Wellness may furnish you with notices, including those with regards to any changes to the
TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website
Services, or other reasonable means currently known or any which may be herein after developed. Any such
notices may not be received if you violate any aspects of the TOS by accessing our Services in an
unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have
received any and all notices that would have been delivered had you accessed our Services in an authorized
You herein acknowledge, understand and agree that all of the SoFlo Fitness And Wellness trademarks,
copyright, trade name, service marks, and other SoFlo Fitness And Wellness logos and any brand features, and/or
product and service names are trademarks and as such, are and shall remain the property of SoFlo
Fitness And Wellness. You herein agree not to display and/or use in any manner the SoFlo Fitness And
Wellness logo or marks.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
SoFlo Fitness And Wellness will always respect the intellectual property of others, and we ask that all of our
users to the same. With regards to appropriate circumstances and at its sole discretion, SoFlo Fitness And
Wellness may disable and/or terminate the accounts of any user who repeatedly violates our TOS and/or
infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute
copyright infringement, or if you believe your intellectual property rights have been otherwise
violated, you should provide to us the following information:
The SoFlo Fitness And Wellness Agent for notice of claims of copyright or other intellectual property
infringement can be contacted as follows:
SoFlo Fitness And Wellness
Attn: Copyright Agent
401 E. Las Olas Blvd. #130
Fort Lauderdale, Florida 33301
BE IT KNOWN, that SoFlo Fitness And Wellness complies with all applicable Federal Communications
Commission rules and regulations regarding the closed captioning of video content. For more information,
please visit our website at www.soflofitandwell.com.
This TOS constitutes the entire agreement between you and SoFlo Fitness And Wellness and shall govern the
use of our Services, superseding any prior version of this TOS between you and us with respect to SoFlo
Fitness And Wellness Services. You may also be subject to additional terms and conditions that may apply
when you use or purchase certain other SoFlo Fitness And Wellness Services, affiliate Services, third-party
content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and SoFlo Fitness And Wellness with regard to the TOS that the
relationship between the parties shall be governed by the laws of the state of Florida without regard to its conflict of
law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or
the relationship between you and SoFlo Fitness And Wellness, shall be filed within the courts having jurisdiction
within the County of Broward, Florida or the U.S. District Court located in said state. You and SoFlo Fitness And
Wellness agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and
all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should SoFlo Fitness And Wellness fail to exercise or enforce any right or provision of the TOS,
such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to
the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID
and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death
certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or
action arising out of or related to the use of our Services or the TOS must be filed within 1 year(s) after said
claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to SoFlo Fitness And Wellness as follows:
SoFlo Fitness And Wellness
Attn: Copyright Agent
401 E. Las Olas Blvd. #130
Fort Lauderdale, Florida 33301
I’m constantly traveling; SoFlo is always able to accommodate my hectic schedule. The training keeps me fit and the massages help me relax.
I’m finally on my way to reaching my goals. I’m lucky I found SoFlo!
SoFlo has experienced professionals with the rare ability to assess each person and tailor training and wellness programs specifically for them. Try them – you”ll love them!
I’m a very busy professional who needs punctual and professional services. SoFlo will continue to provide my fitness and wellness needs from now on.
We are snowbirds and like to stay fit when we come to Florida. SoFlo matches us with a very knowledgeable and sweet trainer who we have used going on 3 seasons now.
SoFlo helped me reshape my body after the birth of my daughter. They also taught me how to continue this new, fit lifestyle on my own. Thank you!
We use all of SoFlo’s fitness and wellness services. Our yachting clientele demand exceptional service and professionalism – SoFlo delivers, every time!