Terms & Conditions of Use Agreement

Overview:

Welcome to Soul Tribe Online! We are a subscription service that provides our members with access to social networking, online courses, video content, and other audio-visual media streamed over the Internet. Soul Body Online’s website (hereinafter referred to as the “Website”) is designed to provide you with high quality information about spirituality, yoga, and holistic wellness and bring together a community of people that are interested in these subjects.

The Website may include some or all of the following: (a) a platform for the purchase and use of digital content, which allows end-users to purchase a subscription and stream pre-recorded audio and video content over the Internet for personal use, (b) an e-commerce site, which allows users to purchase products from the Soul Body Online store, and (c) one or more websites where other online content (including content provided by Soul Body Online, Website users and third parties), resources, tools, products, services, communications and social networking features may be accessed and used. All of the foregoing are collectively referred to as the “Services.”

The Website is owned and operated by Soul House Enterprises, LLC, a California corporation, doing business as (referred to herein as “Soul Body Online,” “we,” “our” or “us”). These Terms & Conditions of Use (this “Agreement”) apply to all of the products services and websites offered by Soul Body Online, the mobile or tablet versions thereof, any Soul Body Online software, and any applications created by Soul Body Online whether available through a social networking site or its subsidiaries or affiliated companies. Please note that the availability of any Soul Body Online applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between Soul Body Online and such social networking site, mobile or tablet device or internet television or other technology platform.

PLEASE READ VERY CAREFULLY ALL OF THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE WEBSITES. BY ACCESSING AND/OR USING THE WEBSITES, YOU ARE AGREEING TO BE BOUND BY ALL OF THE FOLLOWING TERMS OF USE AND PRIVACY POLICY.

These Terms of Use govern your use of our service. As used in these Terms of Use, “Soul Tribe Online service,” “our service” or “the service” means the service provided by Soul Tribe Online for discovering, learning, creating community connection, and watching videos, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.

If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described in Section 15 to resolve any disputes with Soul Tribe Online (except for matters that may be taken to small claims court).

  1. Acceptance of Terms of Use

These Terms of Use and, to the extent you use the social features, govern your use of the Soul Tribe Online service. By using, visiting, or browsing the Soul Tribe Online, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the Soul Tribe Online service

Acceptance of Terms and Agreement to Be Bound. The Services are offered to you on the condition that you accept and agree to be bound by this Agreement in its entirety without modification of any kind. By accessing and/or using any of our Websites, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse one or more of our Websites) or you are a “Registered User” (which means that you have registered to use the Websites and have subscribed to use one or more of the Services). If you do not accept the terms of this Agreement, you are not permitted to use the Websites and/or subscribe to the Services, and you are obliged to exit all of the Websites and discontinue any and all use of the Websites and the Services immediately

Modifications. We may modify this Agreement from time to time, and, to the greatest extent permitted by law, such modifications shall be effective upon posting at any of our Websites. By accessing and/or using any of our Websites after any such modification is posted, you are agreeing to be bound by such modifications. You also acknowledge and agree that it is your responsibility to monitor the Websites for the posting of modifications and to review such modifications on a regular basis. If you do not agree to be bound by any future modifications of this Agreement, your exclusive remedy is to cancel your account and discontinue your use of the Websites and the Services. Except as otherwise expressly provided herein, any new features, tools, products and/or services that change, augment, enhance or upgrade the current Websites and/or the Services will be subject to this Agreement.

General Registration Requirements. Visitors are currently permitted to view only limited portions of the Websites prior to deciding whether to become a Registered User. Full access to the Websites and the Services is available only to Registered Users and, if a subscription is required, then only to Registered Users who are also paid subscribers. If you wish to become a Registered User, you must register on our Websites, you must complete the registration procedures displayed on the registration page(s) of the Websites and, where applicable, pay the required subscription fee. Some aspects of the Websites and the Services are available to all Registered Users, and some are available only to Registered Users who have paid the required subscription fee and/or other charges, all of which are posted at the Websites.

Age Requirements for Access and Use of the Websites. By accessing and using the Websites, you acknowledge and agree that you are representing to us that you are over the age of 18 and you are of legal age to form a legally binding contract, and you are not a person barred from purchasing or receiving products and services, under the laws of the United States or other applicable jurisdiction. Registration, subscription, access to and use of the Websites and the Services are not available to users under the age of 18 and are void where prohibited by applicable law.

Requirements for Becoming a Registered User. By completing the registration procedures displayed on the registration page(s) of the Websites, you acknowledge and agree that (a) you are representing to us that you are providing true, accurate, current and complete information about yourself as prompted by the registration form available on our Websites (the “Registration Data”), and (b) you are obliged to maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future access to and/or use of the Websites and the Services (or any portion thereof)

Ownership of Content. Soul Body Online does not claim ownership rights in any User Content that you post on the Websites or otherwise make available through the Services. Subject to the non-exclusive license contained in Section 14 below (“License to Your Content”), as between Soul Body Online and you, you will retain all intellectual property rights that you may have in any User Content that originates with you.

  1. License to Your Content. In order to be able to offer you the use of our Websites and the Services pursuant to this Agreement, you are required to grant a license to Soul Body Online to use and distribute your User Content. This enables us to permit other Visitors and Registered Users to view and share your User Content, and to display your User Content in other places within the Websites. Accordingly, by posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “posting”) any User Content on or through our Websites or the Services, you hereby grant to Soul Body Online a non-exclusive (meaning you can license the User Content to other parties as well), fully-paid, royalty-free, perpetual, irrevocable, worldwide license (including the right to sublicense) to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such User Content on and through the Websites and/or the Services, in print, or in any other format or media now known or hereafter invented, without any obligation of notification, compensation, attribution or consent. Notwithstanding the foregoing, we will not use your User Content to create commercial products such as books. For purposes of this section, “commercial products” does not include use on the Websites and the Services and/or the advertising, publicity, promotional and marketing materials for the Websites and the Services in any and all formats and media now known or hereafter invented. If you wish to remove any User Content from the Websites and/or the Services, the decision will be made by Soul Body Online alone in its sole and absolute discretion, and our decision may depend on the type of User Content, the location and manner of posting, and other factors. You may contact us at info@SoulBodyOnline.com to request the removal of certain User Content you have posted, but Soul Body Online (i)has no obligation to remove any such User Content, (ii) may choose whether or not to do so in its sole discretion, and (iii)makes no guarantee as to the complete deletion of any such User Content and copies thereof. In any case, a back-up or residual copy of any User Content posted by you may remain on Soul Body Online’s servers after the User Content appears to have been removed from the Websites and/or the Services, and Soul Body Online retains all rights granted in this section to all such remaining copies. You represent and warrant that: (i) you own all right, title and interest in all User Content posted by you on or through our Websites or the Services, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your User Content on or through the Websites and/or the Services does not require the knowledge or consent of any third party and does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
  2. Prohibited Conduct. The Websites and the Services may include features that permit you to post User Content, which includes and applies to (but is not limited to) content of your own, comments on the User Content posted by other Registered Users, and communications with other Registered Users. Such User Content includes but is not limited to information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials. You acknowledge and agree that you shall not use the Websites and/or the Service to post or other transmit User Content that:
  • is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • exploits people in a sexual or violent manner;
  • contains nudity, violence, or offensive subject matter;
  • solicits personal information from anyone under the age of eighteen (18);
  • provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • violates any intellectual property or other proprietary right of any third party, including User Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
  • involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • includes a photograph of another person that you have posted without that person’s consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or
  • contains a virus or other harmful component.
  1. Responsibility for User Content. You, and not Soul Body Online, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Websites and/or the Services. Soul Body Online does not control the User Content posted via the Websites and/or the Services and, as such, we cannot and do not guarantee the accuracy, integrity or quality of such User Content. You acknowledge and agree that, by using the Websites and the Services, you may be exposed to User Content that you deem offensive, indecent or objectionable. Under no circumstances will Soul Body Online be liable in any way for any User Content, including, but not limited to, any errors or omissions in any user Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Websites and/or the Services.
  2. Reservation of Rights. Soul Body Online Content and Third-Party Content are protected by copyright, trademark, patent, trade secret and other laws. Soul Body Online and its third-party licensors owns and retains their respective rights, title and interest in and to their respective content subject only to the limited licensed granted to Registered Users as set forth above.
  3. Other Sites. The Websites may contain third-party advertising and/or links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). However, the inclusion of a link in any of our Websites does not imply Soul Body Online’s investigation, evaluation and/or endorsement of such third party website. We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses, entities or individuals, or the accuracy of the content of their advertising or websites. Soul Body Online does not assume any responsibility or liability for the actions, products, services, and/or content of any such websites. Before you purchase goods or services from a third party and/or use any third-party website, you should review the applicable terms of use and privacy policies for such websites. If you decide to access any such linked websites, you do so at your own risk.
  4. International Use. Due to the global nature of the Internet, you acknowledge and agree that you are obliged to comply with all applicable laws, rules and regulations regarding the access to and use of the Websites and the Services. By way of example only, you acknowledge and agree that you are obliged to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and that restrictions on access to and/or use of some Site Content may apply to users based on their place of domicile, residence and/or use.
  5. Take-Down Notices Under the DMCA. Soul Body Online will receive and evaluate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Written notices of claimed copyright infringement must be in strict compliance with all terms and conditions of the DMCA and must be submitted according to the procedures set forth in the DMCA to the following Designated Agent for Soul Body Online:

Name of Agent Designated to Receive Notification of Claimed Infringement on Behalf of Soul Body Online: Andrea Bardelmeier

Full Address of Designated Agent to Which Notification to Soul Body Online Should Be Sent:

Andrea Bardelmeier

206 N Signal St, Suite M

Ojai, CA 93023

Telephone Number of Designated Agent: (805)717-9900

Email of Designated Agent: andrea@SoulBodyOnline.com

  1. Registered User Disputes. You are solely responsible for your interactions with other Registered Users. Soul Body Online reserves the right, but has no obligation, to monitor disputes between you and other Registered Users.
  2. Term and Termination.

This Agreement, as it may be modified from time to time, shall remain in full force and effect for so long as it is posted on any of the Websites or until terminated by Soul Body Online or by you.

You may terminate your status as a Registered User and cancel your account at any time and for any reason, by notifying us by email at Info@SoulBodyOnline.Com or by phone at (805)717-9900, but any such termination and cancellation will be effective only after Soul Body Online has processed the request. If you cancel your account prior to the expiration of your pre-paid subscription period, you will forfeit the Fees paid for any unused portion of your subscription, which are non-refundable. However, you will be able to continue viewing premium content until the expiration of your current pre-paid subscription period. You also acknowledge and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with Soul Body Online.

Soul Body Online reserves the right to suspend or terminate your status as a Registered User, cancel your account, and disable your access to the Websites and Services at any time, with or without notice to you, with or without cause, and without liability to you. Soul Body Online shall have no liability to you or any third party because of such suspension or termination or related action for any reason except as follows: (a) If Soul Body Online elects do so with cause, then no refund of any unused portion of a pre-paid subscription is owing, and (b) if Soul Body Online elects to do so without cause, then Soul Body Online will refund any unused portion of a pre-paid subscription.

The following sections shall survive any termination of this Agreement, your account, and/or your use of the Service: Section 9 (“Preservation and Disclosure of Account Information and User Content”), Section 12 (“Content”), Section 13 (“Ownership of Content”), Section 14 (“License to Your Content”), Section 16 (“Responsibility for Your User Content”), Section 17 (“Rejection and/or Removal of User Content”), Section 20 (“Health and Medical Concerns”), Section 21 (“Reservation of Rights”), Section 22 (“Other Sites”), Section 23 (“International Use”), Section 25 (“Registered User Disputes”), Section 27 (“Disclaimer of Warranties”), Section 28 (“Waiver of Claims”), Section 29 (“Limitation of Liability”), Section 30 (“Severability”), Section 31 (“Indemnity”), and Sections 34 through 40.

Upon suspension or termination, Soul Body Online shall have no obligation to save any User Content that you may have posted or otherwise provided, and we reserve the right to permanently delete and destroy any of your personal information and/or User Content.

  1. Disclaimer of Warranties. You acknowledge and agree that the Websites and the Services are offered without warranties of any kind whatsoever by Soul Body Online and/or the providers of Site Content. The disclaimer of warranties includes, but is not limited to, the following.

(a) Your use of the Websites and the Services is at your sole risk. The Websites and the Services are provided on an “as is” and “as available” basis. Soul Body Online and its parent, subsidiaries, affiliates, successors and assigns, and their respective shareholders, officers, directors, employees, agents, partners, licensors, vendors and contractors (collectively, the “Soul Body Online-Related Parties”) expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the service, the websites, and any third party websites with which they are linked.

(b) The Soul Body Online-Related Parties are not responsible or liable for any loss, damage, injury or health problems that may result from your use of the Site Content and/or other aspects of the Websites and/or the Services, including but not limited to training programs, recipes, products, services, events and/or information that you may learn about on the Websites and/or the Services, and/or any action or inaction on your part as a result of information you have obtained from the Websites and/or the Services. By way of example only, if you engage in any spiritual, exercise or diet program that you receive or learn about through the Websites and/or the Services, and/or if you use any product or service that you receive or learn about through the Websites and/or the Services, you agree that you do so voluntarily, after consulting an appropriate health professional of your choice, and at your own risk, and you agree to release and discharge the Soul Body Online-Related Parties Soul Body Online from any and all claims or causes of action, known or unknown, arising out of the foregoing.

(c) The Soul Body Online-Related Parties make no warranty that the Websites or the Services, the Site Content, and/or the information, products and services available through the Websites or the Service will meet your expectations or requirements, or that you will achieve any particular results from the use of any of the foregoing, or that the Websites or the Services will be uninterrupted, timely, secure, error-free, or free of any harmless components (including viruses, malware, spyware, or comparable components).

(d) You expressly assume the risk, by way of example, of deletion, non-delivery or failure to store postings of User Content, communications, personalized settings, or data, and you acknowledge that the Soul Body Online-Related Parties make no warranties regarding the foregoing.

(e) Any material downloaded or otherwise obtained through the use of our Websites or the Services is accessed at your own discretion and risk, and you will be solely responsible for any loss or damage to your computer system or loss of data that results from the download of any such material.

  1. Waiver of Claims. You hereby waive, release and discharge the Soul Body Online-Related Parties from and against any claims that you may be entitled to make by reason of any use of your User Content authorized under this Agreement and/or by reason of your participation in any of the communications and social networking features of the Services, including but not limited to, and by way of example only, any claims based on copyright infringement, trademark infringement, rights of privacy or publicity, defamation and otherwise.
  2. Limitation of Liability. To the fullest extent permitted by applicable laws, the Soul Body Online-Related Parties will in no event be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with any use of the Websites and/or the Services, and/or any website with which they are linked, and/or any content, information, products or services accessible through the Websites and/or the Services, even if any of the Soul Body Online-Related Parties have been advised of the possibility of such losses or damages. Notwithstanding anything to the contrary contained herein, the aggregate liability of the Soul Body Online-Related Parties to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Soul Body Online for the Services.
  3. Severability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you. In any such case, and/or if any terms or conditions of this Agreement are held to be invalid for any reason whatsoever, this Agreement shall remain in full force and effect on its remaining terms and conditions of this Agreement unless and until terminated by Soul Body Online. Furthermore, if any term or condition of this Agreement 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 intentions of the parties as reflected in the invalidated provision.
  4. Indemnity. You agree to indemnify, defend, and hold harmless the Soul Body Online-Related Parties from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Soul Body Online will use its reasonable best efforts to notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
  5. Additional Terms. We may also require you to follow additional rules, guidelines or other conditions (“Additional Terms”) in order to participate in certain promotions or activities available through our Websites, to obtain certain premium Site Content through our Websites, and/or for other reasons. In addition, certain Additional Terms will govern your subscription to the Services and any purchases you make through the online store. These Additional Terms will be posted on the relevant portions of our Websites or on the portions of our Websites that describe the specific promotions, Content, or activities. These Additional Terms are incorporated by reference in this Agreement, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such Additional Terms.
  6. Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Websites and/or the Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Websites and/or the Services.
  7. Entire Agreement. This Agreement, together with any other terms and conditions referenced herein (including without limitation the Privacy Policy and Additional Terms), constitutes the entire agreement between you and Soul Body Online and governs your use of the Websites and Service, superseding any prior agreements between you and Soul Body Online with respect to the Websites and/or the Services.
  8. Choice of Law and Forum. This Agreement and the relationship between you and Soul Body Online shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Soul Body Online agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Ventura, California.
  9. No Waiver. The failure of Soul Body Online to exercise or enforce any right and/or remedy under this Agreement shall not constitute a waiver of such right and/or remedy.
  10. Statute of Limitations. You acknowledge and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Websites, the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  11. Relationship of the Parties. You and Soul Body Online acknowledge and agree that they are independently contracting parties dealing at arm’s length with each other in connection with the licensing of intellectual property rights and the provision of services. No partnership, joint venture, joint authorship, employment, fiduciary, agency or other relationship is created between them.
  12. Binding on Successors. This Agreement shall be binding on and inure to the benefit of the heirs, executors, administrators, licensees, successors and/or assigns of the parties, as applicable. For avoidance of doubt, you acknowledge and agree that Soul Body Online is fully authorized to assign, sublicense and/or otherwise convey and transfer this Agreement and/or any of its rights under this Agreement at any time, in its sole and absolute discretion, and without compensation of any kind to you.
  13. Notices and Questions. If you have any questions regarding this Agreement, please contact us by email at Info@SoulBodyOnline.com, or by mail at Soul Body Online, 206 N. Signal St, Suite M, Ojai, CA 93023. Except as otherwise specified elsewhere in this Agreement, notices to Soul Body Online may be given at the foregoing email and postal addresses, and notices to you may be given at the address provided to us at the time of registration and/or the purchase of goods and services from Soul Body Online.

Membership, Free Trials, Billing and Cancellation

Membership

Ongoing Membership. Your Soul Tribe Online membership, which may start with a free trial, will continue month-to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the Soul Tribe Online service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method.

Differing Memberships. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with Soul Tribe Online by visiting our website and clicking on the “Your Account” link. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

Free Trials

Your Soul Tribe Online membership may start with a free trial. The free trial period of your membership lasts for up to two weeks or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. Soul Tribe Online reserves the right, in its absolute discretion, to determine your free trial eligibility.

We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the “View billing details” link on the “Your Account” page.

You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. CLICK THE “YOUR ACCOUNT” LINK AT THE TOP OF ANY SOUL TRIBE ONLINE WEB PAGE (www.soultribeonline.com) TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.

Billing

Recurring Billing. By starting your Soul Tribe Online membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Soul Tribe Online service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.

Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Soul Tribe Online membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. Visit our website and click on the “View billing details” link on the “Your Account” page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.

No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the “Your Account” link, available at the top of the pages of the Soul Tribe Online website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

Cancellation. You may cancel your Soul Tribe Online membership at any time, and you will continue to have access to the Soul Tribe Online service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED MOVIES OR TV SHOWS. To cancel, go to the “Your Account” page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “View billing details” on the “Your Account” page.

Soul Tribe Online Services

The Soul Tribe Online service, and any content viewed through our service, are for your personal and non-commercial use only. During your Soul Tribe Online membership, we grant you a limited, non-exclusive, non-transferable, license to access the Soul Tribe Online service, social networking, and view videos through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you.

We continually update the Soul Tribe Online service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of videos and courses, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.

You agree to use the Soul Tribe Online service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Soul Tribe Online service without express written permission from Soul Tribe Online and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Soul Tribe Online service; use any robot, spider, scraper or other automated means to access the Soul Tribe Online service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Soul Tribe Online service; insert any code or product or manipulate the content of the Soul Tribe Online service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Soul Tribe Online service, including any software viruses or any other computer code, files or programs.

The availability of videos & courses to watch will change from time to time. The quality of the display of the streaming videos & courses may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD availability is subject to your Internet service and device capabilities. Not all content is available in HD. Default playback settings on cellular networks exclude HD content. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content, which is defined as 720p or better. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Soul Tribe Online makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching a video or course will vary based on a number of factors, including your location, available bandwidth at the time, the video or course you have selected and the configuration your device.

Passwords & Account Access

The member who created the Soul Tribe Online account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Soul Tribe Online account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone.

In order to provide you with ease of access to your account and to help administer the Soul Tribe Online service, Soul Tribe Online implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Soul Tribe Online service.

Gifts & Promotions.

From time to time, other types of promotional codes may be available, including those provided as part of a third party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Gift cards and promotional codes can only be used once, cannot be redeemed for cash, and may be combined with other offers, including a free trial, subject to certain restrictions as determined by Soul Tribe Online in its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.

PRIVACY POLICY

(Including Children’s Online Privacy Protection Policy

and “Your Privacy Rights” for California Residents

Effective and last revised on June 6, 2011.

The following Privacy Policy (“Privacy Policy”) governs your use of the Websites and the Services, which are owned by Soul House Enterprises, LLC. (“Soul Body Online”).

We have created this Privacy Policy to ensure that you understand our policies and procedures relating to privacy, what personal information you must provide if you wish to use certain portions of the Websites and the Services, ultimately, just how we use such personal information.

This Privacy Policy is a part of and is incorporated into the Terms of Use set forth above. All defined terms in this Privacy Policy shall have the meaning assigned to them in the Terms of Use. By accessing or using any of the Websites and the Services, you acknowledge and agree that you have read and agree to be bound by this Privacy Policy.

  1. Sites and Site Operator The sites to which the following Privacy Policy applies are: www.SoulBodyOnline.com (collectively, “the Websites”). The operator of the Websites is Soul House Enterprises, LLC, a California corporation, 206 N Signal St, Suite M, Ojai, CA 93023. The agent for Soul Body Online is Andrea Bardelmeier, and the email address for Soul Body Online’s agent is andrea@SoulBodyOnline.com.
  1. Effective Date. This Privacy Policy is effective as of, and was last revised on, October 28, 2016. Soul Body Online reserves the right to add to, delete from and/or otherwise change this Privacy Policy at any time in its sole and absolute discretion. To the maximum extent permitted by law, you are responsible for monitoring the Websites to determine if any changes have been made to the Privacy Policy in the future. Access to and/or use of the Websites and/or the Services by you after the date of any such change shall be deemed to confirm your agreement to be bound by the Privacy Policy then in effect. By agreeing to the Terms of Use applicable to the Websites at which this Privacy Policy is posted, you are also agreeing to be bound by this Privacy Policy. Unless otherwise indicated, defined terms in this Privacy Policy shall have the same meaning assigned to them in the Terms of Use.
  1. Information Collected By the Websites. We collect two types of information from users of the Websites: personal information described below; and non-personal information such as information about traffic patterns on the Websites.
  1. Personal Information. To access certain portions of the Websites, including the portions where the Services are offered, we require you to register and select a user name and password. Some personal data is collected during the registration process. We may then ask for additional information, including personally identifiable and non-personally identifiable information.

When you make a purchase on one of the Websites, when you subscribe to the Services, and/or when you enter a contest or other promotion, we may ask you for certain personal information such as your name, address, e-mail address, or credit card number, in order to process your order, manage your subscription, administer the contest, or send you promotional e-mails. Providing personal information in these instances is solely your choice; you do not need to provide such information, make purchases, or enter such contests to browse our Websites as a Visitor.

  1. How We Use Your Personal Information.

By using the Soul Tribe Online service, you consent to receiving electronic communications from Soul Tribe Online relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the Soul Tribe Online service, or in the “Your Account” page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with Soul Tribe Online. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new Soul Tribe Online features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply go to the “Email preferences” link on the “Your Account” page of our website to manage your Soul Tribe communications.

We use the information collected on the Websites for a variety of purposes, including, but not limited to, running the Websites and the Services and contacting users. The Websites and the Services may also make available to other Registered Users information provided by you during registration, such as your screen name. We may use your information to communicate back to you, to update you on products, services and benefits, to personalize the Websites for you, to contact you for market research or to provide you with marketing information, newsletters, or other information we think would be of particular interest. In addition, if you make a purchase on any of the Websites, we may send you order and shipping confirmation emails. We will always give you the opportunity to opt out of receiving such materials.

  1. Discussions and Community Tools. The Websites and the Services may make chat rooms, forums, bulletin boards, news groups and other community tools available to Registered Users and/or Visitors. Please remember that any information that is disclosed in these areas becomes public information for other users to view and for Soul Body Online to use. Please do not disclose any personally identifiable information, including without limitation your full name or e-mail address, in these publicly accessible areas of the Websites or the Services. Please be considerate and respectful of others while using any chat rooms, forums or message boards to share your opinion.
  2. Non-Personal Data. In some cases, we may collect non-personal information. Examples of this type of information include the type of Internet browser you are using, the type of computer operating system application software, and peripherals you are using and the domain name of the web site from which you linked to our Site. We use your information on an aggregated basis to do such things as operate our Websites, enhance our Websites and sell and deliver advertising.
  3. Cookies. Certain features on the Websites and/or the Services utilize cookie technology. A cookie is a small data file that certain web sites write to your hard drive when you visit them. A cookie file can contain various types of information, including a user ID that the site uses to track the pages you’ve visited. We may use cookies to enhance your experience on our Websites, to determine user traffic patterns and for other purposes.

Most browsers are initially set up to accept cookies; however, you can reset your browser to refuse all cookies or indicate when a cookie is being sent or you can flush your browser of cookies from time to time. (Note: you may need to consult the help area of your browser application for instructions.) If you choose to disable your cookies setting or refuse to accept a cookie, however, you may not be able to access all areas of the Websites and/or the Services.

We also use cookies to improve the performance of our advertising on other websites. Although you may not opt out of receiving online advertisements generally, you may control the collection of data on our site used for targeted (Soul Body Online.com advertising during your visits to other websites.

  1. Opt Out Procedures. You have the option to opt out of receiving information from Soul Body Online, the Websites and the Services. This opt out messaging will appear at the bottom of every promotional email that is sent out. If you no longer wish to take advantage of the Websites or the Services or receive any form of direct contact from Soul Body Online, whether it is email, discounts, newsletters, or other promotional offers or materials, contact us at: Info@SoulBodyOnline.com.
  2. Reviewing or Changing Your Information. In order to ensure that the information we maintain is accurate, we give users the option to change or modify their information previously provided during registration. If you would like to change your information currently in our database please log in and click the “My Account” link on the various Websites or email us at Info@SoulBodyOnline.com.
  1. Sharing of Your Information. Soul Body Online may share your personal information: (i) with Soul Body Online’s parent, affiliates, subsidiaries, or successors (collectively the “Soul Body Online Parties”), or with third parties who are under obligations of confidentiality with any of the Soul Body Online Parties, (ii) if a Soul Body Online Party is required by law to do so, (iii) in the event of a transfer of ownership of a Soul Body Online Party, merger or other similar transaction, or (iv) as otherwise set forth in this Privacy Policy. The following describes some of the ways that your personal information may be disclosed to third parties:

We may employ third parties to perform services or functions on our behalf in order to improve our Websites, merchandising, marketing and promotional efforts, communications or other services. Those third parties may include authorized contractors, consultants and other companies working with us. They only have access to personal information needed to perform their functions, and they may not share any personal information with others or use it for any other purpose than providing or improving Soul Body Online’s services and offerings.

We may share your information with third parties whom we believe have information of interest to you. In addition, we may share certain non-personal information with third parties for advertising, promotional and other purposes. For example, we may work with third party advertising companies, to serve and track our ads. These third parties may install other cookies. Our advertising partners may use the non-personal information they collect from our Websites, in the aggregate, to help us better market and serve our customers.

This Privacy Policy applies only to the Websites and the Services and does not address the practices of third parties who may collect your personal information. You may visit other websites, through links on the Websites, which may collect, use and share your personal information in accordance with their own privacy policies. The information practices of those linked websites are not covered by this Privacy Policy, and we encourage you to be very cautious before you disclose your personal information to others. In order to provide you with the information, products or services which you have requested, we may share or transfer your personal information with our parent, affiliates or subsidiaries, or third party agents acting on their behalf.

The Soul Body Online Parties may be obligated to cooperate with various law enforcement inquiries. Each Soul Body Online Party reserves the right to disclose or transfer personal information and non-personal information about you and your activities on our Websites in order to comply with a legal requirement or request from law enforcement or other government officials, administrative agencies or third parties as we, in our sole discretion, determine necessary or appropriate for the administration of justice, or in connection with an investigation of fraud, intellectual property infringements or violations of any other law, rule or regulation, our Terms of Use or other rules or policies of our Websites, the rights of third parties, or an investigation of any other activity that may expose us or you to legal liability, or to investigate any suspected conduct which Soul Body Online in its sole discretion deems improper.

  1. Children’s Online Privacy Protection Policy. The Websites and the Services are not intended for or directed to users under the age of 18, and we do not knowingly or intentionally collect personally identifiable information from children under the age of 13 or other minors. Where appropriate, we take reasonable measures to determine that our users are adults of legal age and to inform minors not to submit such information to the Websites or the Services or in response to advertisements. If you are concerned that personal information may have been inadvertently provided to or collected by Soul Body Online, please contact us immediately at Info@Soul Body Online.com so that we may appropriate steps to remove such information from our database.
  1. Privacy Precaution Warning. Please note that no data transmission over the Internet is 100% secure. As a result, we cannot guarantee the security of the information that you transmit via our online services.
  1. Your Consent. By using the Websites and/or the Services, and by providing your personal information to us, you also authorize the storage, use and export of your personal information as

specified herein.

  1. Applicable Law. The headquarters of Soul Body Online is located in the State of California, U.S.A. This Privacy Policy and our legal obligations are subject to the laws of California and the U.S.A., regardless of the location of any user. Any claims or complaints must be filed a court of competent jurisdiction in the State of California, U.S.A.

Your Privacy Rights (California Residents)

Online Privacy Protection Policy for California Residents

(“Shine the Light” Law)

Effective as of January 1, 2005, California’s “Shine the Light” law (Cal. Civ. Code Sections 1798.80, et seq.) provides California residents with the right to receive certain disclosures when personal information that has been collected online is shared with third parties for direct-marketing purposes.

If you are a California resident and you provided personal information to Soul Body Online through a website in the past, and/or if you do so in the future, you are entitled to submit a request in writing to Soul Body Online for a description of the information we may have provided to third parties. To submit your written request, please send it to Info@Soul Body Online.com and put the following words in the subject line of the email: “California Privacy Request.”

Within 30 days after receipt of your request, we will send you a list of the categories of personal information disclosed to third parties during the immediately preceding calendar year, along with the names and addresses of the third parties who actually received such information, if any.

We reserve our right not to respond to requests sent more than once in a calendar year.

Please note that the California “Shine the Light” law does not cover all aspects of online information sharing, and our policy relates only to information covered by the law.

COMMUNITY POSTING GUIDELINES

At Soul Body Online, we believe that everyone deserves the opportunity to transform their lives. In the spirit of community, we strive to maintain tolerance, equality and respect. The Internet has opened up a world of opportunity that humanity has never seen before. However, the Internet also gives people the means to insult or harass others without taking full responsibility for their words. We insist that while youíre on Soul Body Online, you respect the people you encounter, as well as their opinions. Youíre free to disagree, state your own opinion and provide critical feedback, but please keep it respectful. Please respect other membersí beliefs, and consider your impact on others when making your contribution. If you canít conduct yourself in a respectful manner, we reserve the right to remove comments. In extreme cases, we reserve the right to disable the ability to comment.

We understand that many of our topics are controversial, and we fully support debate. However, we won’t allow misrepresentation of our brand, tribe leaders, teachers or any Soul Body Online-affiliated leaders to be published on our site. We reserve the right to determine what is a constructive argument and whatís a smear tactic.

Our comment sections are dedicated to discussion about the content. If youíre experiencing a technical issue with a video, please contact customer service directly at Info@SoulBodyOnline.Com. If a hyperlink to an external site is posted, we reserve the right to remove the hyperlink, or remove the comment entirely.

HEALTH DISCLAIMER

Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by a Soul Body Online instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the Website. Soul Body Online is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing Soul Body Online videos. Nothing contained in this Website should be construed as any form of such medical advice or diagnosis.


By using the Website you represent that you understand that physical exercise involved strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from Soul Body Online, you will not exceed your limited while performing such activity, and you will select the appropriate duration and classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Soul Body Online, or any person or entity involved with Soul Body Online, including without limitation its directors, principals, instructors, independent contractors, affiliates and representatives.

ANTI SPAM POLICY

At Soul Body Online we are 100% against spam and unsolicited emails and maintain CANSPAM compliance. We do not sell or provide email addresses to any unauthorized third party and do not authorize any third party or affiliate to misuse products or services created by or associated with Soul Body Online in spam or bulk emails. If you feel you have received any unwanted emails from us, please contact us immediately and we will look into the matter.

Soul Body Online prohibits the use of their website and/or services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail (ìSpamî). You may not use any Soul Body Online services to send Spam. You also may not deliver Spam or cause Spam to be delivered to any customers of Soul Body Online.

In compliance with the CAN-SPAM Act of 2003 (15 U.S.C. 7701, et seq., Public Law No. 108-187, was S.877 of the 108th United States Congress), e-mail sent, or caused to be sent, to or through the Soul Body Online website or service or on behalf of Soul Body Online may not:

  • use or contain false, misleading, invalid or forged headers
  • use deceptive or misleading subject lines
  • use or contain invalid or non-existent domain names;
  • employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path;
  • use other means of deceptive addressing;
  • use a third partyís internet domain name, or be relayed from or through a third partyís equipment, without permission of the third party;
  • contain false or misleading information in the subject line or otherwise contain false or misleading content;
  • fail to comply with additional technical standards described below;
  • otherwise violate our Terms of Use.

Soul Body Online does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through the website or its services. Soul Body Online does not permit or authorize others to use the Soul Body Online services to collect, compile or obtain any information about its customers or subscribers, including but not limited to subscriber e-mail addresses. Soul Body Online does not permit or authorize any attempt to use its services in a manner that could damage, disable, overburden or impair any aspect of any of the services, or that could interfere with any other partyís use and enjoyment of any Soul Body Online service.

If Soul Body Online believes that unauthorized or improper use is being made of any service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. Soul Body Online may immediately terminate any account on any service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.

Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, the Soul Body Online website and/or services. Failure to enforce this policy in every instance does not amount to a waiver of Soul Body Onlineís rights.

Unauthorized use of any Soul Body Online services in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.

Violators of the CAN SPAM Act may be subject to ìcease and desistî orders or penalties from the FTC (Federal Trade Commission) of up to $11,000 per violation. Criminal prosecution is also possible in the case of egregious offenders, which can result in penalties such as fines, forfeiture of proceeds and equipment. The worst offenders can also be subject to prison time.


Soul Body Online reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.

Last updated: October 28, 2016