Ola Ka Ola Terms of Service

Last Updated: 07.28.2020

Welcome to Ola Ka Ola! Please read these Terms of Service (the “Terms”) carefully because they govern your use of the website located at https://olakaola.com (the “Site”) and the services accessible via the Site offered by Ola Ka Ola, Inc. (“ Ola Ka Ola,"" “ we,” “ us,” and “ our”). To make these Terms easier to read, the Site and our services are collectively called the “ Services.”

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND OLA KA OLA THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 18 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

  1. Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
  2. Privacy Policy. Please review our Privacy Policy (https://www.olakaola.com/privacy) (“ Privacy Policy”) for information on how we collect, use and share your information.
  3. Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
  4. Who May Use the Services?
    You may use the Services only if you are 18 years or older and capable of forming a binding contract with Ola Ka Ola, and not otherwise barred from using the Services under applicable law.
  5. How Our Services Work?

    (a)  General. Our Services may allow you to access a synchronous class, performance or other activity led by other user(s) of the Services (a “Live Session”). In such cases, you will be a “Participant,” and any user leading the Live Session will be a “Host.” Our role in this process is solely to provide the technology and platform that enables this connection. Enrollment and participation in Live Sessions involve a direct relationship between a Host and a Participant. Ola Ka Ola is not a party to any agreements between Hosts and Participants with respect to Live Sessions, and does not have control over and disclaims all liability for the content, quality, timing, legality, failure to provide or any other aspect whatsoever of any Live Sessions created by Hosts. We make no representations about the suitability, reliability or accuracy of the Live Sessions created by Hosts. While we may include certain ratings and badges on some Host profiles on the Site, these ratings and badges are not a warranty or guarantee regarding the quality, ability or availability of such Hosts. Notwithstanding the foregoing, we serve as the limited authorized agent of Hosts for the purpose of accepting payments from Participants on behalf of the Hosts and are responsible for transmitting such payments to the Hosts. Ola Ka Ola’s responsibilities are limited to: (i) facilitating the availability of the Services; and (ii) serving as the limited agent of each Host as described above. Hosts and Participants agree not to circumvent use of the Services to connect with one another for participation in a Live Session.

    (b)  Host’s Responsibilities. As Host, you must comply with all rules and guidelines set by Ola Ka Ola with respect to Live Session creation. You agree to use best efforts to continuously and diligently monitor and supervise Participants’ participation in the Live Session.

    (c)  Relationship of the Parties. Hosts are not employees, agents or contractors of Ola Ka Ola, nor are they otherwise in a direct or indirect working or service provider relationship with Ola Ka Ola. You acknowledge that Ola Ka Ola does not, in any way, supervise, direct or control a Host or such Host’s work created in relation to the Live Sessions. Ola Ka Ola does not set a Host’s work hours or location of work. Ola Ka Ola will not provide a Host with training or any equipment, labor or materials needed for a particular Live Session. If you are a Host, you agree to indemnify, hold harmless and defend Ola Ka Ola from any and all claims that you as a Host were misclassified as an independent contractor or employee.

    (d)  Disputes and Release. Because Ola Ka Ola is not party to any agreement or interactions between Hosts and Participants, in the event that you have a dispute with one or more Hosts or Participants, you agree to address such dispute directly with such Host(s) and/or Participant(s) and you release Ola Ka Ola and our affiliates, officers, directors, agents, investors, subsidiaries and employees from any and all claims, demands or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. If a dispute arises between a Host and a Participant in connection with a Live Session, Ola Ka Ola may, in our sole discretion, facilitate communications between such Host and Participant in connection with such dispute. If such a dispute is unable to be resolved between such Host and Participant, Ola Ka Ola may, in our sole discretion, intervene in such dispute and take any actions we deem appropriate.
  6. Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
  7. Payments.

    (a)  General. As a Participant, you expressly authorize us through our third-party payment processor (“Payment Processor”) to charge you for each transaction you engage in to participate in a Live Session. Our Payment Processor may ask you to supply additional information relevant to your transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You will provide all Payment Information directly to our Payment Processor. You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a transaction, you authorize our Payment Processor to provide your Payment Information to third parties in order to complete your transaction and charge your payment method for the transaction (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your transaction (such information is included within the definition of Payment Information). By initiating a transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for transactions are non-refundable and non- transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.

    (b)  Live Session Fees. As a Host, you may be able to charge one-time, fixed fees for participation in your Live Sessions (each, a “Live Session Fee”), subject to your compliance with these Terms. As a Participant, you will be able to view Live Session Fees prior to selecting and enrolling in a Live Session, and you agree to pay the applicable Live Session Fee and any associated fees and taxes, if any. Ola Ka Ola does not set the Live Session Fees for any Live Sessions; the Host determines the Live Session Fee.

    (c)  Ola Ka Ola Services Fee. If you are a Host, you hereby authorize us and our Payment Processor to collect Live Session Fees from Participants on your behalf before such Participants’ access to such Live Session and you authorize us to retain a portion of such Live Session Fee (“Ola Ka Ola Services Fee”). Ola Ka Ola may change the Ola Ka Ola Services Fee at any time, in our sole discretion, and the change will be effective after we have provided Hosts notice via email to the email address associated with their accounts. Ola Ka Ola will not, under any circumstances, be liable to a Host if a Participant has not paid for the relevant Live Session.

    (d)  Timing and Delivery of Payments. All funds due to Hosts for Live Sessions (as applicable) will be remitted to Hosts at a payment cadence communicated to Hosts by us or by our Payment Processor on our behalf. All payments remitted to Hosts will be provided in United States Dollars. Hosts are solely responsible for all costs incurred by them in using the Services and determining, collecting, reporting and paying all applicable state and federal sales, income and other taxes. Funds will only be remitted to Hosts when payments have actually collected payment from the applicable Participant. We may institute a chargeback policy as we deem appropriate in the event that a Participant or such Participant’s bank does not honor a payment obligation or if Ola Ka Ola or our Payment Processor questions our ability to collect funds from a Participant.

    (e)  Cancelling Payment. If you’re a Participant, you may only cancel a transaction pursuant the policies as communicated to you by us or by our Payment Processor. To cancel, you can send an email to team@olakaola.com.
  8. Your Content.

    (a)  Posting Content. Our Services may allow you to store or share content such as text (in posts or communications with others), documents, graphics, images, music, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content”. Ola Ka Ola does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.

    (b)  Permissions to Your User Content. By making any User Content available through the Services you hereby grant to Ola Ka Ola a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, reformat, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services, including making the Live Sessions available via the Services.

    (c)  Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Ola Ka Ola on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

    (d)  Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. Live Sessions are live so you will not be able to remove a Live Session after it has occurred.

    (e)  Ola Ka Ola’s Intellectual Property. We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content.
  9. Rights and Terms for Our Services. If you comply with these Terms, Ola Ka Ola grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to use and run the Site on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices solely to access our Services. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on our Services; (ii) distribute, transfer, sublicense, lease, lend or rent our Services to any third party; (iii) reverse engineer, decompile or disassemble our Services (unless applicable law permits, despite this limitation); or (iv) make the functionality of our Services available to multiple users through any means.
  10. General Prohibitions and Ola Ka Ola’s Enforcement Rights. You agree not to do any of the following:

    (a)  Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

    (b)  Use, display, mirror or frame the Services or any individual element within the Services, Ola Ka Ola’s name, any Ola Ka Ola trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Ola Ka Ola’s express written consent;

    (c)  Access, tamper with, or use non-public areas of the Services, Ola Ka Ola’s computer systems, or the technical delivery systems of Ola Ka Ola’s providers; (d)  Attempt to probe, scan or test the vulnerability of any Ola Ka Ola system or network or breach any security or authentication measures;

    (e)  Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Ola Ka Ola or any of Ola Ka Ola’s providers or any other third party (including another user) to protect the Services;

    (f)  Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Ola Ka Ola or other generally available third-party web browsers;

    (g)  Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

    (h)  Use any meta tags or other hidden text or metadata utilizing a Ola Ka Ola trademark, logo URL or product name without Ola Ka Ola’s express written consent;

    (i)  Use the Services, or any portion thereof, for the benefit of any third party or in any manner not permitted by these Terms;

    (j)  Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source- identifying information;

    (k)  Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

    (l)  Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail- bombing the Services;

    (m)  Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

    (n)  Impersonate or misrepresent your affiliation with any person or entity;

    (o)  Violate any applicable law or regulation; or

    (p)  Encourage or enable any other individual to do any of the foregoing.


    Ola Ka Ola is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content and Live Sessions, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
  11. DMCA/Copyright Policy. Ola Ka Ola respects copyright law and expects its users to do the same. It is Ola Ka Ola’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Ola Ka Ola’s Copyright Policy at https://olakaola.com/copyrights, for further information.
  12. Links to Third Party Websites or Resources. The Services (including the Site) may allow you to access third-party websites or other resources like Zoom or Stripe, among others. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources, including your use of Zoom to lead any Live Session. OLA KA OLA DISCLAIMS ANY LIABILITY OR RESPONSIBILITY WITH RESPECT TO THE SERVICES PROVIDED BY SUCH THIRD PARTIES.
  13. Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at team@olakaola.com. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 7(a), 7(c) (only for payments due and owing to Ola Ka Ola prior to the termination), 8(b), 8(c), 8(e), 13, 14, 15, 16, 17, 18 and 19.
  14. Warranty Disclaimers.

    (a) General. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.

    (b) No Liability for User Conduct. NEITHER OLA KA OLA NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE SERVICES. OLA KA OLA DOES NOT RECOMMEND ANY PARTICULAR LIVE SESSION OR HOST. OLA KA OLA DOES NOT PROVIDE WARRANTIES OR GUARANTEES REGARDING ANY HOST’S PROFESSIONAL ACCREDITATION, REGISTRATION, OR LICENSE.
  15. Indemnity. You will indemnify and hold Ola Ka Ola and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.
  16. Limitation of Liability.

    (a)  TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER OLA KA OLA NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OLA KA OLA OR ITS SERVICE PROVIDERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

    (b)  TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL OLA KA OLA’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO OLA KA OLA FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO OLA KA OLA, AS APPLICABLE.

    (c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OLA KA OLA AND YOU.
  17. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 18 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Ola Ka Ola are not required to arbitrate will be the state and federal courts located in the San Francisco, California, and you and Ola Ka Ola each waive any objection to jurisdiction and venue in such courts.
  18. Dispute Resolution.

    (a)  Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Ola Ka Ola agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Ola Ka Ola are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

    (b)  Exceptions. As limited exceptions to Section 18(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

    (c)  Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

    (d)  Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

    (e)  Injunctive and Declaratory Relief. Except as provided in Section 18(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

    (f)  Class Action Waiver. YOU AND OLA KA OLA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

    (g)  Severability. With the exception of any of the provisions in Section 18(f) of these Terms ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
  19. General Terms.

    (a)  Reservation of Rights. Ola Ka Ola and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

    (b)  Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Ola Ka Ola and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Ola Ka Ola and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Ola Ka Ola’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Ola Ka Ola may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

    (c)  Notices. Any notices or other communications provided by Ola Ka Ola under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

    (d)  Waiver of Rights. Ola Ka Ola’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Ola Ka Ola. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
  20. Contact Information. If you have any questions about these Terms or the Services, please contact Ola Ka Ola at team@olakaola.com.