By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site. Definitions: * “Host” is defined as the person who is responsible (the instructor and associated entities) for rendering the services for an Event Listing. * “Event” is defined as any various retreats, workshops, classes, or similar events, described in a Listing. * “Listing” is defined as a promotional advertisement with information about an event including but not limited to photos and information about the date of the Event, instructor, producer, location or venue. * “Site” or “Website” means the website at http://www.seekretreat.com. * “Traveler” is defined as a yoga student, consumer, or anyone purchasing a ticket to an Event through the Site. * “Venue Host” is defined as the party responsible for rendering the services for an Event which takes place at a particular venue. * “Venue Listing” is defined as a promotional advertisement with information, such as photographs, description, location, about a venue or place, such as a hotel, retreat center or other facility, which is available for holding an Event or any of the activities relating to an Event.
SeekRetreat acts as a venue to allow users who comply with SeekRetreat’s policies to offer, sell and buy certain items. SeekRetreat is not directly involved in the transaction between buyers and sellers. As a result, SeekRetreat has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. SeekRetreat does not pre-screen users or the content or information provided by users. SeekRetreat cannot ensure that a buyer or seller will actually complete a transaction. Consequently, SeekRetreat does not transfer legal ownership of items from the seller to the buyer. SeekRetreat cannot guarantee the true identity, age, and nationality of a user. You agree that SeekRetreat is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on SeekRetreat. You use the SeekRetreat service at your own risk.
Age: SeekRetreat’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. SeekRetreat may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Individuals under the age of 18 must at all times use SeekRetreat’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by SeekRetreat’s policies as stated in the Agreement and the SeekRetreat policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by SeekRetreat, each of which is incorporated herein by reference and each of which may be updated by SeekRetreat from time to time without notice to you:
In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by SeekRetreat from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify SeekRetreat of any unauthorized use of your password or any breach of security. You also agree that SeekRetreat cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than SeekRetreat without SeekRetreat’s express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.
Account Transfer: You may not transfer or sell your SeekRetreat account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: SeekRetreat’s services are not available to temporarily or indefinitely suspended SeekRetreat members. SeekRetreat reserves the right, in SeekRetreat’s sole discretion, to cancel unconfirmed or inactive accounts. SeekRetreat reserves the right to refuse service to anyone, for any reason, at any time.
As a Traveler, there is no fee to conduct a transaction through SeekRetreat. SeekRetreat may, at SeekRetreat’s sole discretion, change some or all of SeekRetreat’s services and fees at any time.
If a Traveler books an event and pays a deposit, Traveler understands that all deposits are non-refundable. Traveler shall look solely to Host for any redress, if any. Host is not obligated to provide any refunds of deposit, unless the terms of the Listing provide otherwise.
In the event SeekRetreat introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD) and are effective after SeekRetreat provides you with at least fourteen (14) days’ notice by posting the changes on the Site.
Users are responsible for paying all fees and applicable taxes associated with using SeekRetreat. SeekRetreat keeps accepted payment information for some members on file.
Listing Description: By listing an event on the Site you warrant that you and all aspects of the event comply with SeekRetreat’s published policies. You also warrant that you may legally sell the event. You must accurately describe your event and all terms of sale in your SeekRetreat listing. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that event. All items must be listed in an appropriate category. Each listing must accurately and completely describe the event/events for sale in that listing.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. You may not misrepresent the item’s location, or use another user’s account without permission, or use any other means to avoid payment of fees.
Events: If you are a Host you may create a Listing. To create a Listing, you will be asked a variety of questions about the Event to be listed, including, but not limited to, the location, capacity, class size, services and availability of the Event and pricing and related rules and financial terms. In order to be featured in Listings on the, all Events must have valid physical addresses. Listings will be made publicly available via the Site. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Guest and Host preferences, ratings and/or ease of booking.
Other users will be able to book your Event via the Site based upon the information provided in the Listing, its requirements, and search parameters and preferences. Host understands and agrees that once a user requests a booking of your Event, Host may not request a higher price than in the booking request.
Host acknowledges and agrees to be solely responsible for any and all Listings and content posted in their Listing. Accordingly, Host represents and warrants that any Listing posted and the booking of (i) will not breach any agreements you have entered into with any third parties, such as hotels, retreat centers, homeowners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Event included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties.
Please note that SeekRetreat assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. SeekRetreat reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that SeekRetreat, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms.
When a Host creates a Listing, Host may also choose to include certain requirements which must be met by the Travelers who are eligible to request a booking of an Event, such as requiring Travelers to have a profile picture or verified phone number, in order to book an Event. Any Traveler wishing to book Events included in Listings with such requirements must meet these requirements.
If you are a Host, SeekRetreat makes certain tools available to you to help you to make informed decisions about which Travelers are chosen to confirm or preapprove for booking for your Event. Hosts are responsible for their own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Event at your request or invitation, excluding the Traveler.
SeekRetreat recommends that Hosts obtain appropriate insurance for their Events. Please review any insurance policy that you may have for your Event carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to the Event, if applicable) while at your Event.
You understand and agree that SeekRetreat does not act as an insurer, guarantor or as your contracting agent. If a Traveler requests a booking of an Event and stays at Event, all agreements are between the Traveler and the Host, and the Guest and SeekRetreat is not a party to it. If a Traveler requests a refund, in whole or in part, or has any complaints Traveler must look solely to the Host for any redress, and Host will be solely responsible to Traveler for all liabilities arising therefrom.
You are solely responsible for your conduct and activities on and regarding to SeekRetreat and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on SeekRetreat.
Restricted Activities: Your Content and your use of SeekRetreat shall not:
Re-Posting Content: By posting Content on SeekRetreat, it is possible for an outside website or a third party to re-post that Content. You agree to hold SeekRetreat harmless for any dispute concerning this use.
Idea Submissions: SeekRetreat considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and SeekRetreat shall not be liable for the disclosure or use of such Material. If, at SeekRetreat’s request, any member sends Material to improve the site (for example through the Forums or to customer support), SeekRetreat will also consider that Material to be non-confidential and non-proprietary and SeekRetreat will not be liable for use or disclosure of the Material. Any communication by you to SeekRetreat is subject to this Agreement. You hereby grant and agree to grant SeekRetreat, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the technology, Site, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
SeekRetreat does not control the Content provided by users that is made available on SeekRetreat. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using SeekRetreat, you agree to accept such risks and that SeekRetreat (and SeekRetreat’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on SeekRetreat. Please use caution, common sense, and practice safe buying and selling when using SeekRetreat.
Other Resources: SeekRetreat is not responsible for the availability of outside websites or resources linked to or referenced on the Site. SeekRetreat does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that SeekRetreat shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
In the event a dispute arises between you and SeekRetreat, please contact SeekRetreat. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Los Angeles County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in Los Angeles. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and SeekRetreat agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Should you have a dispute with one or more users, or an outside party, you release SeekRetreat (and SeekRetreat’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and 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 disputes. SeekRetreat encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
SeekRetreat, for the benefit of users, may try to help users resolve disputes. SeekRetreat does so in SeekRetreat’s sole discretion, and SeekRetreat has no obligation to resolve disputes between users or between users and outside parties. To the extent that SeekRetreat attempts to resolve a dispute, SeekRetreat will do so in good faith based solely on SeekRetreat’s policies. SeekRetreat will not make judgments regarding legal issues or claims.
SeekRetreat, and other SeekRetreat graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of SeekRetreat in the U.S. and/or other countries. SeekRetreat’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
SeekRetreat may contain robot exclusion headers which contain internal rules for software usage. Much of the information on SeekRetreat is updated on a real-time basis and is proprietary or is licensed to SeekRetreat by SeekRetreat’s users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access SeekRetreat for any purpose whatsoever without SeekRetreat’s prior express written permission. Additionally, you agree that you will not:
Without limiting any other remedies, SeekRetreat may, without notice, and without refunding any fees, delay or immediately remove Content, warn SeekRetreat’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
SeekRetreat, SEEKRETREAT’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SeekRetreat’s SUPPLIERS PROVIDE SeekRetreat’s WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SeekRetreat, SEEKRETREAT’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SEEKRETREAT’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM SeekRetreat SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
IN NO EVENT SHALL SEEKRETREAT, AND (AS APPLICABLE) SEEKRETREAT’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR SEEKRETREAT’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, SEEKRETREAT’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. SEEKRETREAT’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF SEEKRETREAT’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO SeekRetreat IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) ONE HUNDRED DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD SeekRetreat AND (AS APPLICABLE) SEEKRETREAT’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
SeekRetreat does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside SeekRetreat’s control.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any SeekRetreat service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on SeekRetreat’s net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and SeekRetreat are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California, excluding its conflicts of laws rules, and the United States of America.
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Resolution of Dispute and Release), 9 (SeekRetreat’s Intellectual Property), 10 (Access and Interference), 11 (Breach), 12 (Privacy), 13 (No Warranty), 14 (Liability Limit), 15 (Indemnity), 16 (No Guaranty), 18 (Severability), 19 (No Agency), 21 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to SeekRetreat at the address provided in Section 24 (in the case of SeekRetreat) or, in your case, to the email address you provide to SeekRetreat (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, SeekRetreat may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to SeekRetreat. In such case, notice shall be deemed given three days after the date of mailing.
Each user covenants not to circumvent, avoid, or bypass SeekRetreat, directly or indirectly, to avoid payment of fees or commissions in any transaction with any other person, user, or their affiliates, agents, representatives, revealed through use of the Site, either directly or indirectly. In the event of circumvention by any person or user as described herein, such party agrees to pay SeekRetreat an amount equal to the maximum possible compensation, or commission, or fee, that SeekRetreat would be have been entitled to should the Event or Venue have reached a maximum capacity, plus all attorneys’ fees and costs associated therewith. If no maximum compensation, commission, or fee is set by agreement, then the damages shall be determined by an appropriate court of law.
The services hereunder are offered by SeekRetreat, with a mailing address at: 650 Rose, Suite 3, Venice, CA 90291.
Effective Date: May 16, 2016