Terms of Service
Retreat Center Directory provides services to you through the retreatcenterdirectory.com Internet site, www.retreatcenterdirectory.com (the “Site”) and related sites, subject to the following conditions. If you visit, use, or access the Site, you acknowledge that you have read, understand, and agree to be legally bound by these Terms and Conditions of Use (“Terms and Conditions”). Please read them carefully.
Please review our Privacy Notice, which also governs your visit to the Site, to understand our practices. The Privacy Notice is deemed incorporated into these Terms and Conditions.
2. License and Site Access Rules
The Site is sponsored by Retreat Center Directory to provide you with information and services relating to retreat centers. Retreat Center Directory grants you a limited, non-exclusive, revocable license to access and make personal use of the Site for non-commercial purposes. You may only use the Site to search for retreat centers and retreat-related information, post reviews or other content, all in compliance with these Term and Conditions, and shall not use the Site for any other purposes. This license does not include any authorization to collect and use retreat center listings, descriptions, prices or other content on the Site except for personal, non-commercial purposes; or to reverse engineer any portion of the Site, and all such uses are strictly prohibited. You agree that you will not interfere with the operation of the Site, or take any action, that imposes an unreasonable burden or load on our infrastructure. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary content (including images, text, page layout, or form) on the Site without our express prior written consent. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as, in Retreat Center Directory’s sole judgment, the link does not portray Retreat Center Directory, or its services, in a false, misleading, derogatory, or otherwise offensive manner, or associate Retreat Center Directory with undesirable products, services, or opinions, or cause confusion among customers or potential customers. You may not use any Retreat Center Directory logo or other proprietary graphic or trademark as part of such link without express written permission. You may not use any meta tags or any other “hidden text” utilizing Retreat Center Directory’s name or trademarks without the express written consent of Retreat Center Directory. Any unauthorized use automatically terminates the consents and licenses granted by Retreat Center Directory under these Terms and Conditions and may subject you to other legal actions.
3. Links to Other Businesses
We provide links to the sites of participating retreat centers (“Members”) and our other partners. Our inclusion of these links is for your convenience only and does not imply an endorsement of any material on such linked sites or any association with the site operators. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or the content of their sites. Further, Retreat Center Directory does not assume any responsibility or liability for the content of any other third party site, or any products or services offered on such sites, or the conduct of the site operators. When you link to or from another site, you will be subject to the terms and conditions of use and privacy policies that govern that site, which may differ from these Terms and Conditions. You should carefully review the applicable privacy statements and other terms and conditions of use, when visiting linked sites.
4. Ownership and Proprietary Rights
All content included on the Site, such as text, graphics, logos, button icons, images, the “look and feel” of the Site, audio clips, digital downloads, data compilations, and software, is the exclusive property of Retreat Center Directory or third party content suppliers (e.g., Member content), and is protected by United States and international copyright laws. In addition, the trademarks, trade dress and/or copyrights of Retreat Center Directory cover the name “Retreat Center Directory”, “RetreatCenterDirectory”, “retreatcenterdirectory.com” and other Retreat Center Directory graphics, logos, page headers, button icons, scripts, service names, and the overall design and appearance of the Site. Except for the limited right to create a link to the Site, as set forth in the previous section, Retreat Center Directory’s trademarks, trade dress and copyrights may not be used without Retreat Center Directory’s prior written consent. All trademarks displayed on the Site that are not owned by Retreat Center Directory are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Retreat Center Directory.
5. Your Account
If you register at the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You understand that you are responsible for all uses of the Site by you and those using your account or password. Retreat Center Directory offers its services only to adults. If you are under 18 years old, you may use the Site only under the supervision of a parent or guardian. Retreat Center Directory reserves the right to refuse service or terminate your account at its sole discretion.
6. Reviews, Comments, and Other Visitor Content
Retreat Center Directory may provide visitors the opportunity to post reviews, comments, and other content and submit suggestions, ideas, comments, questions, or other information (“Visitor Material”). If you do submit Visitor Material, you represent and warrant that you own or otherwise control the rights to the Visitor Material that you post, that the Visitor Material is accurate, and that the Visitor Material is not illegal, sexually explicit, threatening, defamatory, invasive of privacy, infringing of the intellectual property rights of another person, or otherwise injurious to third parties or objectionable. You further represent and warrant that such Visitor Material does not consist of or contain software viruses, commercial solicitations, chain letters, mass mailings, or any other form of “spam.” You may not use a false email address, “spoof” or impersonate any person or entity, or otherwise mislead as to the origin of any Visitor Material. Retreat Center Directory reserves the right (but has no obligation) to remove, monitor, or edit Visitor Material, but does not regularly review Visitor Material (except to verify that it is not spam). Retreat Center Directory takes no responsibility, and assumes no liability, for any Visitor Material posted by you or any third party. You agree to indemnify Retreat Center Directory and its affiliates for all claims resulting from Visitor Material that you supply. You hereby grant Retreat Center Directory a non-exclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display throughout the world in any media, any Visitor Material you submit. You further grant Retreat Center Directory and its affiliates and sublicensees the right to use the name that you submit in connection with such Visitor Material.
7. Copyright Complaints
Retreat Center Directory respects the intellectual property of others. If you believe that any content appearing on the Site copies your work in a manner that constitutes copyright infringement, please contact us at firstname.lastname@example.org.
8. Risk of Loss
Retreat Center Directory accepts no risk of loss for products or services purchased via sites (e.g., Member sites) that link to the Site. The risk of loss shall remain solely with you or the vendor at the linked site.
9. Product and Service Descriptions; Accuracy
Retreat Center Directory and its affiliates attempt to be as accurate as possible. However, Retreat Center Directory does not warrant that product and service descriptions, including, without limitation, pricing, or other content on the Site is accurate, complete, reliable, current, or error-free. If a product or service offered by a vendor site linked to the Site is not as described, your sole recourse is to return such product or service to the linked vendor (subject to such vendor’s own terms and conditions).
10. Disclaimer of Warranties and Limitations of Liability
THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS CONTAINED ON THIS SITE ARE PROVIDED BY Retreat Center Directory ON AN “AS IS” AND “AS AVAILABLE” BASIS. Retreat Center Directory MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS INCLUDED ON THIS SITE AND, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Retreat Center Directory DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, INTEGRATION, AND QUIET ENJOYMENT. Retreat Center Directory DOES NOT REPRESENT OR WARRANT THAT THIS SITE IS ERROR-FREE AND WILL OPERATE IN AN UNINTERRUPTED MANNER, OR THAT ITS SERVERS, OR EMAIL SENT FROM Retreat Center Directory, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. Retreat Center Directory WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
11. Indemnity and Release
You agree to indemnify Retreat Center Directory and hold it harmless from any and all claims and expenses, including attorneys’ fees, arising, directly or indirectly, from your use of the Site and its services. By using the Site, you are hereby releasing Retreat Center Directory from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of litigation of any nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against Retreat Center Directory arising out of or in any way related to such services. You hereby agree to waive all rights that may limit the effect of such agreements and releases.
12. Applicable Law
You agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Retreat Center Directory.
13. Dispute Resolution — Arbitration
If you reside in the United States, you and Retreat Center Directory 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 to the use of the Services or use of the Site, Application or Collective Content (collectively, “Disputes“) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Retreat Center Directory are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and Wetravel otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law
This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form “Demand for Arbitration”.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and Retreat Center Directory otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Retreat Center Directory submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Retreat Center Directory will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Retreat Center Directory will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the “Modification” section above, if Retreat Center Directory changes this “Dispute Resolution” section after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Retreat Center Directory’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Retreat Center Directory in accordance with the provisions of this “Dispute Resolution” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
14. Enforcement and Modifications
Should you violate these Terms and Conditions, or any other rights of Retreat Center Directory, Retreat Center Directory reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating your account with Retreat Center Directory. If Retreat Center Directory fails to enforce any right or provision in these Terms and Conditions, then you agree that this failure does not constitute a waiver of such right or provision or of any other provisions set forth in these Terms and Conditions. Retreat Center Directory reserves the right to alter or terminate any or all features or services at any time without notice. Retreat Center Directory also reserves the right, in its sole discretion, to edit or remove any content, make changes to the Site, and to revise its policies, and these Terms and Conditions, without notice, and such new terms shall be binding upon you. Therefore, Retreat Center Directory recommends that you check these Terms and Conditions each time you access the Site. If any provisions of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
15. Contact Information
Contact us if you have questions about these Terms and Conditions, to report potential infringement on the Site, or to make any suggestions or comments.