Terms & Conditions
Enterprise Services Agreement

This Enterprise Services Agreement (“Agreement”) governs the use of The Tribalist’s enterprise wellness and sustainability programs (“Services”) by any business, organization, or entity (“Client”) that purchases a subscription through The Tribalist website (“Website”).

The Tribalist is a DBA of Dharma Enterprises, LLC, a California corporation with its principal place of business in Santa Clara County, California (“The Tribalist” or “Company”).

By completing the purchase process on the Website and selecting the “I agree” checkbox at checkout, Client acknowledges and agrees to the terms of this Agreement.

1. SERVICES

The Tribalist provides enterprise wellness and sustainability programs designed to help employees, members, and patients create healthier, toxin-free homes. As part of the subscription, Client will receive the following:

  1. Kick-Off Meeting – Client will receive a kick-off consultation with a designated Tribalist Consultant to explain the benefits of the program and resources available.
  2. Employee Discount Code – Client will be issued a unique discount code to provide eligible employees, patients, or covered members with discounted access to select Tribalist services.
  3. Dedicated Customer Success Resource – Client will have a designated Tribalist Consultant serving as a Customer Success Manager to assist with program implementation and ongoing support.
  4. Access to Private Resource Library – Client will receive access to a private collection of videos and educational resources, which may be accessed online but may not be downloaded, copied, or redistributed.
  5. Confidentiality & Restricted Use of Materials – All materials provided by The Tribalist are considered confidential and proprietary and may be used only during the term of the agreement for the Client’s internal purposes.

2. ACCEPTANCE OF TERMS & CONDITIONS

By purchasing a subscription, Client agrees that all end users of the Services are subject to the following standard terms and conditions, which are incorporated into this Agreement by reference:

Client is responsible for ensuring that its employees, members, or other authorized users comply with these terms.

3. FEES & PAYMENT

Client agrees to pay the subscription fees as specified on the Website at the time of purchase. All payments are processed via The Tribalist’s online checkout system, and fees are billed on a recurring basis according to the selected subscription plan.

4. CANCELLATION & TERMINATION

Client may cancel its subscription at any time via the Website through the designated cancellation process outlined in The Tribalist’s Subscription Policy. Cancellations take effect at the end of the current billing cycle, and no refunds will be provided for partial months of service unless otherwise stated in The Tribalist’s Refund Policy.

The Tribalist reserves the right to suspend or terminate access to Services for non-payment or violation of this Agreement or any related policies.

5. LIMITATION OF LIABILITY & INDEMNIFICATION

5.1 Limitation of Liability

To the fullest extent permitted by law:

  • The Tribalist’s total aggregate liability under this Agreement, regardless of the cause of action, shall not exceed three (3) times the monthly subscription fee paid by Client in the month immediately preceding the claim.
  • The Tribalist shall not be liable for any indirect, incidental, consequential, or special damages, including but not limited to loss of profits, business interruption, or reputational harm.
  • The Services are provided “as is” and “as available” without any warranties, express or implied.

5.2 Indemnification

Client agrees to indemnify, defend, and hold harmless The Tribalist, Inc., its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from:

  • (a) Client’s use or misuse of the Services, including recommendations made through the wellness and detoxification programs.
  • (b) Any claims made by Client’s employees, members, or third parties related to health outcomes, personal choices, or changes made based on The Tribalist’s guidance.
  • (c) Client’s violation of this Agreement or any applicable laws, regulations, or third-party rights.

The Tribalist reserves the right to assume exclusive defense and control of any matter subject to indemnification, at Client’s expense, and Client agrees to cooperate with The Tribalist in defending such claims.

6. GOVERNING LAW & DISPUTE RESOLUTION

This Agreement is governed by the laws of the State of California, without regard to its conflict of law principles.

All disputes shall be exclusively resolved through binding arbitration in Santa Clara County, California, under the rules of the American Arbitration Association (AAA). Arbitration shall be the sole and exclusive dispute resolution mechanism, and Client waives any right to pursue claims in court. Each party shall bear its own arbitration costs unless otherwise required by law.

7. GENERAL PROVISIONS

  • Entire Agreement: This Agreement, together with the incorporated policies, constitutes the entire agreement between Client and The Tribalist regarding the Services.
  • No Waiver: Failure to enforce any provision shall not be deemed a waiver of future enforcement.
  • Severability: If any provision is found invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect.

By purchasing a subscription, Client acknowledges and agrees to these terms electronically at checkout.