Spirit Rock Terms of Service

Last Updated: February 14, 2024

1. Introduction. These Terms of Service (these “Terms”) are entered into by and between you and Spirit Rock Meditation Center, a California nonprofit religious corporation (“Spirit Rock”). These Terms cover your rights and obligations relating to your access to and use of the Spirit Rock website, its features (including any programming, workshops, courses, or other similar services), any related communications (e.g., e-mails, messages, phone calls, etc.), [any mobile application], and any other related services provided by us (collectively, the “Service”). All references to “we”, “us”, or “our” in these Terms refer to Spirit Rock, and all references to “you,” “your,” or “user” refer to you as a user of the Service. In addition to these Terms, please review Spirit Rock Privacy Policy available at [Insert hyperlink] (the “Privacy Policy”), which describes our collection, use, and other practices with respect to of your information in connection with the Service. By accessing or using the Service, you represent that you have read, understand, and agree to be bound by these Terms and our Privacy Policy as binding agreements. If you do not agree to these Terms or the Privacy Policy, do not access or use the Service.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, DISPUTE RESOLUTION, ARBITRATION, AND LIMITATION OF LIABILITY.

2. Permitted Users. The Spirit Rock website and online services (the “Online Services”) are not intended for children under the age of 16. If you are under the age of 16, do not use this Service. By using the Service, you represent to Spirit Rock that you are 16 years old or older. If we learn or have reason to suspect that a user is under the age of 16, we will promptly terminate their account. If you are between the ages of 16 and 18 years old, by using the Service, you represent to Spirit Rock that you have permission from your parent or legal guardian to use, access, and interact with the Service, and to communicate with Spirit Rock and its representatives in connection with the Service.

3. Changes to These Terms. Your use of the Service is subject to these Terms and to any and all additional terms and policies posted to the Service, including without limitation, the Privacy Policy and any other terms or policies posted to the Service (which may be referred to collectively as, the “Terms”). All such terms and policies are hereby incorporated into and made a part of these Terms by this reference. We reserve the right to change or modify the Terms at any time by posting any changes or updates to the Terms, or new agreements, to the Service, each of which shall become effective immediately upon posting. We may notify you of material changes to the Terms by e-mail, by posting a notice on the Service, or by any other reasonable method. The most current version of the Terms will be available through the Service. You are responsible for regularly reviewing the Terms to keep yourself apprised of any changes. You understand and agree that your continued use of the Service, after such new or modified terms have been posted, constitutes your acceptance of any such changes to the Terms.

4. Accounts. In order to access and use certain features of the Service, you will be required to create an account, username, and password, and to provide certain information about yourself. You represent and warrant that all account information you submit shall be truthful and accurate, and that you will keep it up to date. You understand, acknowledge, and agree that you shall be solely responsible for maintaining the confidentiality of your password and for all activities (including any harm) originating from your account. You hereby agree to promptly notify us if you become aware of any unauthorized use of your account, username, or password. Please see our Privacy Policy [Insert hyperlink] for more information on how we use, share, store, and secure your information.

5. Communications from Spirit Rock. By accessing or using the Service, you consent to receive communications and e-mails from us (and from other users or instructors for any online programming provided as part of the Service, as applicable) through the Service or through other means, such as e-mails, newsletters, messages, and notifications, in connection with your use of and access to the Service or promoting our services to you. If you would like to opt-out of certain communications, you may submit your request to [email protected], or, if applicable, you may follow the instructions for unsubscribing to such messages included in the relevant message. Please see our Privacy Policy [Insert hyperlink] for more information on how managing your communication preferences.

6. Content; Ownership. As used in these Terms, (a) “Content” means any text, images, photographs, audio, video, and all other forms of data, materials, and communications; (b) “User Content” means any Content submitted or transmitted to, through, or in connection with the Service by users (including any comments, suggestions, ideas, improvements, proposals, or similar items); and (c) “Spirit Rock Content” means any and all Content that Spirit Rock creates and makes available in connection with the Service, including features, graphics, designs, compilations (including Content selection, arrangement, and coordination), computer code, software, and all other components other than User Content or any other third-party content.

As between you and Spirit Rock, you own your User Content, and we own all Spirit Rock Content. Spirit Rock also owns any and all intellectual property rights in connection with the Spirit Rock Content and the Service, including any copyrights, trademarks, service marks, trade names, trade secrets, and any other proprietary rights. You are prohibited from selling, licensing, copying, publishing, modifying, reproducing, distributing, creating derivative works of, displaying, or otherwise using or exploiting the Spirit Rock Content, in any way, without our express prior written consent. Except as expressly provided in these Terms, Spirit Rock shall retain any and all rights in and to the Service and Spirit Rock Content.

7. User Content. By submitting any User Content, you represent that you own or have the necessary permissions to use, authorize the use of, and submit such Content to or through the Service, as described herein. You understand and acknowledge that once Content is posted or submitted to or through the Service, it cannot always be deleted or removed, and User Content is not confidential or proprietary. You are solely responsible for, and assume any and all risks in connection with, your User Content, including anyone’s reliance on such Content, or any such Content that violates our Terms. We reserve the right to remove, screen, edit, or reinstate User Content in our sole discretion, without notifying you.

You understand, acknowledge, and agree that you (a) grant Spirit Rock an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable license and right to use, display, modify, copy, translate, prepare derivative works of, and distribute your User Content for any purpose; (b) are not entitled to compensation for any User Content; and (c) waive any claims or assertions of moral rights with respect to User Content to the maximum extent permitted by applicable law.

8. Community Guidelines; Intellectual Property. Spirit Rock is committed to creating and maintaining an online service and platform that is informative, welcoming, and respectful. All users are expected to treat one another, the Service, Spirit Rock, and our representatives with honesty, courtesy, and respect. We also take intellectual property rights seriously. If you believe that any of your intellectual property rights are being infringed on the Service, please send a written notice to [email protected] along with sufficient detail about the work you believe has been infringed, the material which you believe, in good faith, to be infringing, your contact information, your authority to act on behalf of the owner, and your physical or electronic signature.

9. User Representations & Warranties. By using the Service, you represent and warrant that you have read, understand, and agree to the terms of, and to abide by, our Privacy Policy, and any other Terms. By using the Service, you also represent and warrant that you shall not at any time:

• Violate the Terms or any applicable federal, state, local, or non-U.S. law, rule, or regulation;

• Engage in conduct that restricts, inhibits, or prevents use or access to the Service by any person, or that may harm Spirit Rock, the Service, or any person or expose them to harm or liability;

• Violate any security features (including by accessing content not intended for you, logging into any account without authorization; probing, scanning, or testing the vulnerability of the Service or associated systems, servers, databases, or networks, or breaching any security, authentication, or other measures);

• Introduce any virus, Trojan horse, worm, or other malicious or harmful material; “overload,” “flood,” “spam, ”or “crash” the Service; transmit any “junk mail,” “spam,” or solicitations to or through the Service; or attack the Service via any distributed or other denial-of-service attack, or engage in any other conduct or activity that could harm, disable, overburden, damage, or impair the Service or harm users;

• Use any robot, spider, application, or other automatic, process, device, or means to access, scrape, copy, extract, or index the Service, any portion thereof, or any Spirit Rock Content for any purpose;

• Use the Service for any purpose other than its intended use, as determined solely by us, or your own personal non-commercial use, or to interfere with the Service’s proper functioning in any way; or
• Attempt to do, or assist, encourage, or enable any other person to do, any for the foregoing.

10. Cancellation Policy for Online Programs. Spirit Rock offers a number of live online programs through the Service, including drop-in, day-long, or multi-day programs, and online family programs or series (collectively, the “Online Programs”). Refunds are not available, and Spirit Rock shall have no obligation whatsoever to issue any refunds for any Online Programs. If you have registered for any Online Programs, you may cancel at any time by contacting the registration department at: [email protected].

Cancellations Prior to the Start Date: If you paid a registration fee for an Online Program (a “Program Fee”), and you submit your cancellation prior to the start of the calendar day on which such Online Program begins (the “Start Date”), you will have the option to either (1) receive a credit, in an amount equal to the Program Fee or (2) elect to treat such Program Fee as a donation to Spirit Rock.

Cancellations on or After the Start Date: If you paid a Program Fee, and you submit your cancellation on or after the Start Date for such program, Spirit Rock shall have no obligation whatsoever to issue you any credit or refund.

11. Monitoring & Enforcement. While we are under no obligation to enforce the Terms, Spirit Rock reserves the right to investigate actual, potential, or suspected violations of the Terms and to take appropriate action, in our sole discretion. If you become aware of or reasonably suspect any violation of these Terms, notify us immediately. Spirit Rock also reserves the right to (a) take any action with respect to Content, which we deem reasonable, necessary, or appropriate, in our sole discretion, including if we believe that any User Content violates the Terms, the rights of any person, threatens the safety of users or other persons, or could create liability for Spirit Rock; (b) disclose your identity or information about you to any third party who claims that material posted by you violates their privacy, intellectual property, or other rights; (iii) take appropriate action for any illegal or unauthorized use of the Service; (c) terminate or suspend your account and/or access to all or part of the Service; or (d) remove, disable, or refuse to post all or part of any User Content for any reason, in our sole discretion. However, we do not undertake to review all Content provided, posted, or submitted by any user or by any third party. To the maximum extent permitted by applicable law, Spirit Rock shall no liability or responsibility for such Content, or to anyone for any performance or nonperformance of the activities described herein.

12. Modifications; Access to the Service. We reserve the right to modify, suspend, discontinue, remove, restrict access to, disable, or withdraw any aspect or feature of the Service for any reason and at any time, in our sole discretion, without prior notice.

13. Third-Party Sites & Services. Our Service may include links to third-party websites, organizations, and businesses. You understand, acknowledge, and agree that we do not control or endorse, and we are not responsible for, any third-party website or business. If you choose to access or visit any such third-party website or business, you do so at your own risk. Spirit Rock (a) makes no representations or warranties of any kind (express or implied) regarding, and (b) makes no guarantee regarding the accuracy, completeness, or suitability of, any third-party websites, businesses, information, products, or services.

14. No Advice; Assumption of Risk. All information and Content provided on or through the Service is provided for general informational purposes only. We do not warrant the accuracy, completeness, suitability, or usefulness of this information, or whether such information is appropriate for you. Your use of the Service, including any of the courses, programs, resources, or materials provided in connection with the Service, is at your own risk, including the risk that Content may be inaccurate, objectionable, incomplete, out of date, lacking adequate warning about risks or hazards, or otherwise inappropriate. The Service includes User Content and other Content provided by third parties, which may include information, materials, advertisements, and other information (collectively, “Third-Party Content”). Third-Party Content does not reflect the opinion of Spirit Rock, and we are not responsible or liable for the content or accuracy of any Third-Party Content. All Third-Party Content is the sole responsibility of the party who provided it.

15. Disclaimer of Warranties. You understand, acknowledge, and agree that using services on the internet, including the Service, carries inherent risk. We cannot and do not guarantee or warrant that the Service will be free of viruses or destructive code. You are solely responsible for implementing anti-virus and other procedures and protections, suitable for your particular needs. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPIRIT ROCK WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, PROGRAMS, DATA, OR OTHER MATERIAL DUE TO YOUR USE OF THE SERVICE, YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICE, OR YOUR USING, ACCESSING, OR VISITING LINKS TO ANY THIRD-PARTY CONTENT.

YOUR USE OF THE SERVICE, ITS CONTENT, OR ANY THIRD-PARTY CONTENT, IS AT YOUR OWN RISK. THE SERVICE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.NEITHER SPIRIT ROCK NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE OR ANY OF ITS CONTENT OR FEATURES. WITHOUT LIMITING THE FOREGOING, NEITHER SPIRIT ROCK NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICE AND ITS CONTENT, OR ANY OF THE GOODS, SERVICES, OR BUSINESSES PROVIDED OR LINKED TO THROUGH THE SERVICE , WILL BE ACCURATE, RELIABLE, SUITABLE, APPROPRIATE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE, OR WILL BE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR OTHER ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPIRIT ROCK HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION 15 SHALL AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW

16. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL: (1) SPIRIT ROCK OR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, VOLUNTEERS, REPRESENTATIVES, OR AFFILIATES (“SPIRIT ROCK PARTIES”), BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH ANY USE, OR INABILITY TO USE, THE SERVICE OR ITS CONTENT, EVEN IF SUCH DAMAGES WERE FORESEEABLE; OR (2) THE TOTAL CUMULATIVE LIABILITY OF THE SPIRIT ROCK PARTIES RELATING TO THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED $100.

17. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SERVICE OR THE TERMS, MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM SHALL BE PERMANENTLY BARRED.

18. Indemnification. By using or accessing the Service, you agree to indemnify, defend, and hold harmless Spirit Rock and the other Spirit Rock Parties from and against any and all third-party claims, actions, demands, losses, damages, costs, liabilities, and expenses (including reasonable attorneys’ fees and costs) relating to or arising from your access to or use of the Service, including without limitation, your User Content, your violation of these Terms or any representation or warranty thereunder, and any products or services purchased or obtained as a part of or in connection with the Service.

19. Governing Law & Jurisdiction. You understand, acknowledge, and agree that any and all matters and disputes relating to the Service or the Terms (“Disputes”) shall be governed by and construed in accordance with the laws of the State of California, notwithstanding any conflict of law provisions. The state courts located in the County of Marin, California, and the federal courts located in the City and County of San Francisco, California, as applicable, shall have exclusive jurisdiction over any cause of action arising out of or related to any Disputes. You hereby waive any and all objections to venue in, and the exercise of jurisdiction over you by, such courts.

20. Dispute Resolution; Arbitration. By using or accessing the Service, you agree that, in the event of any Dispute or other issue between you and Spirit Rock, you shall promptly notify us in writing of the issue and shall negotiate with us in good faith to resolve the matter. We reserve the right, in our sole discretion, to require you to submit any Disputes to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

21. Termination; Survival. The Terms shall remain in full force and effect as long as you continue to use or access the Service and until terminated. You may terminate these Terms by closing your account and providing notice of termination to us. We may terminate these Terms by closing your account, terminating your access to the Service, or banning you from the Service. The provisions of these Terms that by their sense and context are intended to survive termination (including without limitation, Sections 5 through 11 and Sections 13 through 23 hereof) shall survive any termination of the Terms.

22. Entire Agreement. The Terms constitute the entire agreement between you and Spirit Rock regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties of any kind regarding the Service.

23. Severability; Waiver. If any part of these Terms is held by any court or other government entity of competent jurisdiction to be unlawful, void, or unenforceable for any reason, it will be deemed severable, will not affect the validity or enforceability of any other provision, and will be reformed by such court or entity and enforced to the fullest extent lawful, valid, and enforceable. No failure by Spirit Rock to assert any right hereunder shall be deemed a waiver of such right. No waiver by Spirit Rock of any term or condition of these Terms shall be deemed to be a further any waiver of such term or condition or of any other term or condition.

24. Assignment. These Terms shall be binding on the parties, their respective successors, and their permitted assigns. These Terms may not be assigned by you without our prior written consent. Spirit Rock may assign these Terms without restriction, except as otherwise provided by applicable law.

25. Headings & Terminology. The headings in these Terms are provided for convenience only and shall not affect the meaning or interpretation of any provisions of these Terms. Unless the context clearly requires otherwise, references to the plural shall include the singular and the singular the plural, and “or” has the inclusive meaning represented by the phrase “and/or.” As used herein, the word “including,” when following any general statement 0r term shall not be construed to limit such statement or term, whether or not nonlimiting language (such as “without limitation” or “but not limited to”) is used, but rather, such statement or term shall be deemed to refer to all other items that could reasonably fall within the broadest scope of such general statement or term. The words “hereof,” “herein,” “hereunder” and similar terms shall refer to these Terms as a whole.

26. CONTACT US. If you have any questions or concerns, please contact us at [email protected].