Terms Of Service

TERMS OF SERVICE

BOLD SOUL

Last Updated: January 15, 2025

These Terms of Service (these “Terms”) govern your use of the Bold Soul website and any other sites, applications, features, technology, software, content or promotions offered by BOLD SOUL and/or its affiliates, subsidiaries and/or parent companies (collectively, “Bold Soul”, “us”, “we” or “our”) from time to time, that link or otherwise refer to these Terms (collectively, the “Services”), whether as a guest or a registered user, or any other user (“you” or “your”).

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES, ESPECIALLY SINCE THESE TERMS MAY AFFECT YOUR LEGAL RIGHTS, SUCH AS REQUIRING BINDING INDIVIDUAL ARBITRATION, AND LIMITING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION. BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, AS MAY BE AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THESE TERMS, THEN PLEASE IMMEDIATELY CEASE USE OF THE SERVICES. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

ELIGIBILITY

The Services are offered and made available only to users who are at least 18 years of age and reside in the United States of America. If you are under the age of majority in your state of residence, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Services with permission from your parent or legal guardian. By accessing and/or using the Services, you represent and warrant that (a) you are of legal age to form a binding contract with Bold Soul and meet all of the foregoing eligibility requirements, (b) your use of the Services does not violate any applicable laws, rules, rulings or regulations ,and (c) any registration information you submit to us is truthful and accurate and you shall maintain and promptly update the accuracy of such information. If you do not meet all of these requirements, you must not access or use the Services. Bold Soul may require proof of your identity or eligibility at any time to participate or continue to participate in the Services and/or to receive any product in connection with the Services. Failure to provide evidence of identity or eligibility satisfactory to Bold Soul, and determined in Bold Soul’s sole discretion, may result in suspension or termination of your access to the Services. Bold Soul reserves the right to (i) monitor all activities via the Services, including, but not limited to, any effort to use the Services in violation of these Terms, and (ii) to deny access to anyone, including, but not limited to, those users who use proxy servers and/or IP addresses residing in certain geographical areas.

CONTRACT BETWEEN YOU AND BOLD SOUL

These Terms and our Privacy Policy (available via the Bold Soul website and incorporated herein by reference) form a legally binding agreement between you and Bold Soul, and govern your access and use, and our provision of, the Services and any other technology, content, items or other materials provided by or through Bold Soul, or otherwise on which these Terms are provided (including via links). If you enter into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the legal authority to bind that entity to these Terms, and all references to “you” and “your” in these Terms are referring to that entity.

CHANGES TO THESE TERMS

We may revise and update these Terms from time to time in our sole discretion. If we make material changes to these Terms, we will notify you by posting or displaying a notice on the Services and/or via other electronic means (e.g., e-mail). The form of such notice is at our discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services from that point and thereafter. Your continued use of any Services following any such posting of a revised Terms of Service means that you accept and agree to such changes. If you do not agree to any changes, you must stop using the Services. You are expected to check this page from time to time so you are aware of any such changes, as they are binding on you.

SUPPLEMENTAL TERMS

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms or will be presented to you for your acceptance when you sign up to use such certain Services. If these Terms are inconsistent with the Supplemental Terms, the Supplemental Terms will control with respect to the Services to which they apply.

SERVICES

Bold Soul will make the Services which you have purchased available to you, subject to the terms and conditions of these Terms. Notwithstanding the foregoing, we reserve the right to (i) suspend or terminate your access to and use of the Services (or any portion thereof) at any time without notice if we believe that any activity or use of Services in connection with your account violates these Terms, the intellectual property rights of a third party or applicable laws, or is otherwise disruptive or harmful to Bold Soul or any third party; (ii) suspend any Services in connection with a “force majeure event” outside of our control (e.g., acts of God, acts of government, flood, fire, civil unrest, acts of terror, pandemic, etc.); (iii) suspend any Services during maintenance periods. In addition, we reserve the right to change, suspend or discontinue any features, components or functions of the Services at any time.

We do not guarantee that any product descriptions or other content and products will be available, accurate, complete, reliable, current or error-free. Descriptions and images of, and references to, products or services do not imply our or any of our affiliates' endorsement of such products or services. All orders placed through the Services are subject to our acceptance and we may refuse to accept or may cancel any order, whether or not the order has been confirmed, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; and/or to bar you from conducting any or all transaction(s) for the Services, all for any reason or for no reason, and without liability to you or anyone else.

FEES AND PAYMENT

Unless otherwise stated on an invoice or other order form issued by Bold Soul in writing, fees for the Services (the “Fees”) are set forth on Bold Soul’s website. You agree to pay the Fees in full, and all payment obligations under these Terms are non-cancelable and all Fees paid are non-refundable. Unless otherwise stated in writing by Bold Soul, the Fees must be paid in full in advance of your access to the Services. You will provide Bold Soul with valid and updated credit card information or another form of payment acceptable to Bold Soul. If you provide credit card information, you represent that you are authorized to use the card and you authorize Bold Soul to charge the card for all payments hereunder. By submitting payment information, you authorize Bold Soul to provide that information to third parties for purposes of facilitating payment. You agree to verify any information requested by Bold Soul for purposes of acknowledging or completing any payment. If you believe a payment has been processed in error, you must provide written notice to Bold Soul within thirty (30) days after the date of payment specifying the nature of the error and the amount in dispute, and if not received by Bold Soul within such thirty (30) day period, the payment will be deemed final. The Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You are responsible for paying all Taxes associated with purchases and transactions under these Terms. If Bold Soul is legally required to pay or collect any Taxes on your behalf, Bold Soul will invoice you and you will pay the invoiced amount.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that Bold Soul owns, solely and exclusively, all right, title and interest in and to the Services and all content contained and/or made available on, through or in connection therewith (collectively, the “Bold Soul Content”), together with all copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights appurtenant thereto. The term “Bold Soul Content” includes, but is not limited to, all video, audio, artwork, photographs, illustrations, graphics, logos, products, branding and service names, designs and slogans, copy, lyrics, text, spreadsheets, exercises, exercise routines, computer code, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Services, including, but not limited to, the design, selection, sequence, look and feel, and arrangement of the Services. Unless the context clearly requires otherwise or we explicitly set forth in writing, the term “Services” includes “Bold Soul Content” as well. You must not use the Bold Soul Content without the prior written permission of Bold Soul in each instance.

You expressly agree that you will do nothing inconsistent with Bold Soul’s ownership of the Services, and that you gain no rights, title, or interest in or to any Services or any goodwill associated therewith, except as stated in these Terms. In addition, except as expressly set forth in these Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Bold Soul or any third party. Any and all goodwill arising from your use of any Services shall inure solely to the benefit of Bold Soul.

For any Services which enable you to use any software, content, or other materials owned or licensed by us only after you become validly authorized by us, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license solely to access and use the specific Services for your personal, non-commercial use only.

You are prohibited from, and expressly agree that you will not: (i) remove identification, warnings, disclaimers, disclosures, copyright or other proprietary notices in or on the Services; and/or (ii) use, alter, copy, modify, store, sell, reproduce, distribute, republish, download, publicly perform, display, post, transmit, create derivative works of, or exploit any Services or any part thereof. By accessing or otherwise using any services, content or software through any Services, you represent and warrant that: (a) your access to and use of the Services, or any content or software therein, will comply with any and all requirements in these Terms; and (b) you will comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any Services.

THIRD PARTY SERVICES/CONTENT AND YOUR RESPONSIBILITY

Certain Services may integrate, be integrated into, or be provided in connection with third-party websites, services, applications, tools, interfaces, content, and/or materials (“Third-Party Services”). We do not review or control any Third-Party Services. We additionally make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of Third-Party Services accessible from our websites, apps, software or any other element of the Services. There is no implied affiliation, endorsement or adoption by Bold Soul of these Third-Party Services and we shall not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and privacy policies that separately apply to these Third-Party Services.

Certain opinions, advice, statements, or other information, including without limitation, food, nutrition and exercise data, may be made available by third parties through or in connection with the Services, including, without limitation, via community message forums (“Third-Party Content”). This Third-Party Content belongs to the respective authors or providers of the applicable Third-Party Content and you acknowledge and agree that these authors and providers are solely responsible for the Third-Party Content they provide in connection with the Services. Bold Soul does not: (i) guarantee the accuracy or usefulness of any Third-Party Content; or (ii) adopt or endorse the accuracy or reliability of any opinion, advice or statement made by a third-party as part of any Third-Party Content. Under no circumstances will Bold Soul be responsible for any loss or damage resulting from your reliance on third-party content posted on the Services or transmitted to or by any third-party in connection with the Services.

USER CONTRIBUTIONS

The Services may allow you to communicate, submit, upload or otherwise make available text, reviews, stories, images, photos, audio, video, media, chats, personally identifiable information (including health, wellness and nutritional data), feedback about our products and services, testimonials, success stories, or other content (“User Contributions”). User Contributions that you submit in connection with the Services will be stored, maintained and used by Bold Soul in accordance with our Privacy Policy. You acknowledge certain types of User Contributions that you submit, such as chats, photos, reviews, and message board entries, may be accessed and viewed by the public, and therefore, you have no expectation of privacy with regard to any such submission or posting.

Bold Soul acknowledges that it does not acquire any title or ownership rights in the User Contributions that you post; however, you grant us a perpetual, fully paid-up, non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works of, publicly perform, make available and otherwise exploit such User Contributions, in whole or in part, in any and all media and formats and by all technologies now known or hereafter devised throughout the universe (including in connection with the Services and on third-party sites and platforms such as Facebook, Instagram, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. This includes without limitation our use of your User Contributions in connection with any advertising, promotional materials, events and associated marketing materials, television and digital commercials, videos, social media websites, applications or in any other commercial manner. We are not, however, obligated to use your User Contributions.

You represent and warrant that (a) you own or control all rights in and to the User Contributions and that you have the right to grant the license granted above to Bold Soul, and (b) you will not post any content or any other material that:

Contains any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable or in our sole discretion, or which does not align with our mission, brand or purpose(s).
Promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringes any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person or party.
Violates the legal rights (including, but not limited to, the rights of publicity and privacy) of others, or contains any material that could give rise to any civil or criminal liability under applicable law or that otherwise may be in conflict with these Terms of Use or the Privacy Policy.
Promotes any illegal activity, or advocates, promotes or assists any unlawful act.
Causes annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, harass, alarm or annoy any other person or party.
Impersonates any person or party, or misrepresents your identity or affiliation with any person or organization or is otherwise intended or likely to deceive any person.
Involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, marketing, barter or advertising.
Gives the impression that they are from, are in connection with, or are endorsed by us or any other person or entity, if this is not the case.

You understand and acknowledge that you are responsible for any User Contributions you post, and that you, not Bold Soul, assume full responsibility for any and all such User Contributions, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third-party, for the content or accuracy of any User Contributions posted by you or any other user of the Services.

ACCOUNT; SECURITY

To access the Services or some of the resources therein, you may be asked to provide your information, including, but not limited to, personal information. It is a condition of your use of the Services that, if you are asked to register, all the information you provide is accurate, current and complete. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, image, photo or likeness, or if applicable, provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide.

We have adopted and implemented a policy that provides for the suspension or termination, in appropriate circumstances and in our sole and absolute discretion, of the accounts of users who violate these Terms, are repeat infringers of copyright, or engage in, encourage or advocate for offensive, abusive, or illegal conduct.

If you choose, or are provided with, a user name, password or any other piece of information to access the Services (or part thereof) or other security procedures, you must treat any and all such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your access and/or account for the Services, or any feature or other aspect thereof, is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, account or other security information regarding the Services. You agree to notify us immediately of any unauthorized access to or use of your user name or password, account, or access to the Services, or any other breach of security regarding the Services. Any use of your account by any person other than yourself is grounds for suspension or termination of your account. You agree not to use the account, username or password of any other account holder at any time. Bold Soul will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.

DISCLAIMER OF WARRANTIES; NO MEDICAL OR OTHER HEALTHCARE ADVICE; ASSUMPTION OF RISK; RELEASE

Disclaimer of Warranties: YOU ACKNOWLEDGE AND AGREE THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY PRODUCTS, GOODS, SERVICES, WEBSITES, APPLICATIONS, HEALTH, FITNESS, NUTRITION AND WELLNESS CONTENT AND ADVICE, OR ANY OTHER INFORMATION PROVIDED THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS, ERRORS AND OMISSIONS, AND WITHOUT ANY PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, UPTIME, ACCESSIBILITY, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WE MAKE NO GUARANTEE OR WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE. WE FURTHER MAKE NO GUARANTEE OR WARRANTY AS TO THE PARTICULAR HEALTH AND WELLNESS GOALS, RESULTS, BENEFITS OR OUTCOMES THAT MAY BE ACHIEVED OR OBTAINED THROUGH USE OF ANY SERVICES. YOU AGREE TO USE THE SERVICES AT YOUR SOLE RISK.

No Medical or Healthcare Advice: Although Bold Soul provides its products and services with your health and safety in mind, each individual has their own limitations and it is therefore critical that you consult your physician or other licensed healthcare provider for necessary medical or appropriate care, follow all safety and other instructions provided by Bold Soul, and obtain appropriate authorization before accessing or using any Services, especially if you are prone to injuries, are pregnant or nursing, or have any other unique or special medical conditions. All Services are provided for informational purposes only, and are not intended to diagnose any medical or healthcare condition, replace the advice of a licensed healthcare professional, or provide any medical advice, opinion, diagnosis, treatment or guarantee. The information made available on or through the Services should not be relied upon when making medical or other important healthcare decisions. BOLD SOUL IS NOT FUNCTIONING IN ANY CLINICAL OR LICENSED MEDICAL OR PSYCHOLOGICAL CAPACITY AND IS SOLELY PROVIDING INFORMATIONAL AND EDUCATIONAL SELF-HELP RESOURCES. THUS, IT IS EXTREMELY IMPORTANT THAT YOU CONSULT YOUR PHYSICIAN OR LICENSED HEALTHCARE PROVIDER PRIOR TO PARTICIPATING IN THE SERVICES. YOUR USE OF ANY SERVICES DOES NOT CREATE A DOCTOR-PATIENT, PROFESSIONAL-CLIENT, OR SIMILAR RELATIONSHIP BETWEEN YOU AND BOLD SOUL.
Assumption of Risk: You understand that the Services may involve activities that are or may become hazardous and dangerous and that may expose you to risks of physical, emotional, and mental stress or injury whether or not you participate in the activities. Such activities may include, but are not limited to, strenuous or dangerous mental, psychological, and/or physical activities such as lifting heavy objects and contorting your body in an unusual manner. You understand that your participation in the Services may carry with it increased risk of death, disability, disfigurement, serious physical injury, extreme emotional distress, severe physical, mental and emotional stress, mental and physical illness, and/or loss of property or income. You understand the risks of using the Services and participating in such activities, and you acknowledge that while conduct that gives rise to such situations might otherwise constitute an actionable tort or give rise to other claims or causes of action, you have freely consented to such conduct and have assumed the risks thereof. You further understand that Bold Soul does not make any representations or warranties about (i) the risks of harm while you are using the Services and participating in such activities, nor (ii) any preventative measures taken by Bold Soul or third-parties to reduce the risks of harm while you are using the Services and participating in such activities.

Release: You hereby release absolutely and forever discharge Bold Soul and its respective successors, assigns, parents, subsidiaries, divisions and affiliates, and the shareholders, officers, directors, employees, representatives and agents of each of the foregoing from, and covenant not to sue such parties for, any and all claims or causes of action, whether known or unknown, based upon or relating in any way to the Services, including, without limitation, any and all claims for negligence, tort, civil or criminal liability, infliction of emotional distress and any other personal and/or property rights.

INDEMNIFICATION

You shall at all times indemnify and hold harmless Bold Soul and each of its parent, subsidiary and affiliated entities, successors, licensees and assigns and their respective officers, directors, shareholders, employees, contractors, partners, sponsors and agents from and against any and all claims, actions, judgments, penalties, damages, losses, liabilities, costs and expenses, including without limitation reasonable outside attorneys’ fees and costs, whether or not in connection with litigation, arising out of or relating to or based upon your violation of these Terms, the Privacy Policy or your use of the Services including, but not limited to, your User Contributions, any use of the Bold Soul Content and/or any other information, content, technology, materials, services, products and/or other items made available via the Services. Bold Soul reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and all negotiation for its settlement or compromise (as applicable), and in each such case, you agree to fully cooperate with us upon our request.

LIMITATION ON LIABILITY

In no event shall Bold Soul be liable to you under these Terms for any incidental, indirect, punitive, exemplary, consequential or special damages, including damages for loss of profits, loss of use or revenue, connected with, or arising or resulting from, any performance or lack of performance by Bold Soul under these Terms, even if such damages were foreseeable or Bold Soul was advised of the possibility of such damages, and regardless of whether a claim is based on contract, warranty, tort or any other legal or equitable principle.

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and construed and enforced in accordance with the laws of the State of California applicable to agreements executed and to be wholly performed within that State without regard to conflict of law principles. If any controversy or claim arising out of or relating to these Terms cannot be settled through direct discussions, the parties shall endeavor first to settle the controversy or claim by a mediation administered by the American Arbitration Association. If the dispute is not otherwise resolved through direct discussions or mediation, the parties agree that the controversy or claim, including the scope or applicability of this agreement to arbitrate, shall then be resolved by final and binding confidential arbitration administered by the American Arbitration Association in accordance with its streamlined arbitration rules and procedures or subsequent versions thereof, including any optional appeal procedure. ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator’s decision will follow the terms of these Terms and will be final and binding. All proceedings brought pursuant to this paragraph will be conducted in San Luis Obispo County. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

WAIVER AND SEVERABILITY

No waiver by Bold Soul of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Bold Soul to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise expressly provided herein, if any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

TERMINATION

Notwithstanding anything to the contrary in these Terms, Bold Soul reserves the right, without notice and in its sole and absolute discretion, for any reason or no reason, to terminate your access and use of any Services, including to block or prevent your access and use of any of our websites, applications, products and/or services. You agree that Bold Soul shall not be liable for any interruption or termination of your access and/or use of the Services.

ASSIGNMENT

These Terms, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by Bold Soul without restriction and without notice to you.

NOTICES

Any notices provided by Bold Soul under these Terms may be delivered to you within the Services or to the email address(es) we have on file for your account. You hereby consent to receive notice from Bold Soul through the foregoing means, and such notices will be deemed effective when sent if on a business day, and if not sent on a business day then on the next business day. Any notices to Bold Soul under these Terms must be delivered via first class registered U.S. mail, overnight courier, to BOLD SOUL, 3566 South Higuera Street Suite 104, San Luis Obispo CA, 93401.

MISCELLANEOUS

These Terms set forth the entire agreement between Bold Soul and you relating to the matters herein, supersedes any and all other agreements with respect or relating to those matters (oral or written) and may not be amended, waived or modified in any manner without the specific written consent of Bold Soul and yourself. These Terms will inure to the benefit of and will be binding upon Bold Soul’s and your respective affiliates, successors, licensees, assigns, heirs and representatives. These Terms do not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Bold Soul.

20. CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected]

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