Terms and Conditions of Use
Retreat Finder provides services to you through the RetreatFinder.com Internet site, www.RetreatFinder.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 Finder to provide you with information and services relating to retreats. Retreat Finder 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 retreats 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 listings, descriptions, prices or other content on the Site except for personal, noncommercial 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 Finder's sole judgment, the link does not portray Retreat Finder, or its services, in a false, misleading, derogatory, or otherwise offensive manner, or associate Retreat Finder with undesirable products, services, or opinions, or cause confusion among customers or potential customers. You may not use any Retreat Finder 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 Finder's name or trademarks without the express written consent of Retreat Finder. Any unauthorized use automatically terminates the consents and licenses granted by Retreat Finder 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 retreats ("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 Finder 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 Finder 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 Finder cover the name "Retreat Finder", "RetreatFinder", "RetreatFinder.com" and other Retreat Finder 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 Finder's trademarks, trade dress and copyrights may not be used without Retreat Finder's prior written consent. All trademarks displayed on the Site that are not owned by Retreat Finder are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Retreat Finder.
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 Finder 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 Finder reserves the right to refuse service or terminate your account at its sole discretion.
6. Reviews, Comments, and Other Visitor Content
Retreat Finder 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 Finder 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 Finder takes no responsibility, and assumes no liability, for any Visitor Material posted by you or any third party. You agree to indemnify Retreat Finder and its affiliates for all claims resulting from Visitor Material that you supply. You hereby grant Retreat Finder a nonexclusive, 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 Finder and its affiliates and sublicensees the right to use the name that you submit in connection with such Visitor Material.
7. Copyright Complaints
Retreat Finder 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 info@RetreatFinder.com.
8. Risk of Loss
Retreat Finder 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 Finder and its affiliates attempt to be as accurate as possible. However, Retreat Finder 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 FINDER ON AN "AS IS" AND "AS AVAILABLE" BASIS. RETREAT FINDER 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 FINDER 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 FINDER 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 FINDER, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. RETREAT FINDER 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 Finder 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 Finder 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 Finder 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 Oregon, 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 Finder.
Any dispute relating in any way to Retreat Finder, the Site, or its services shall be resolved exclusively by confidential arbitration in Ashland, OR. However, to the extent you have, in any manner, violated or threatened to violate Retreat Finder's proprietary rights, Retreat Finder may seek injunctive or other appropriate relief in any state or federal court in the state of Oregon, and you consent to jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
14. Enforcement and Modifications
Should you violate these Terms and Conditions, or any other rights of Retreat Finder, Retreat Finder reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating your account with Retreat Finder. If Retreat Finder 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 Finder reserves the right to alter or terminate any or all features or services at any time without notice. Retreat Finder 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 Finder 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.
© 2008 Retreat Finder, last updated 10/09