TERMS AND CONDITIONS
BY VISITING www.TripleTCruise.com and www.TripleTRetreat.com, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
The terms “we,” “us,” and “our” refers to Amy E. Smith dba Joy Junkie Ent., Andrea Owen dba Your Kick Ass Life Coaching, and Kira Sabin dba The Dating Makeover Coach, LLC, heretofore known as the collective name TTTRetreat. The term the “Site” refers to TripleTCruise.com and TripleTRetreat.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site. This site has been established to promote our joint-venture: Tanning, Tacos, and Transformation Retreat 2016. We are thrilled to take a group of powerful women on a retreat-style adventure by way of a Mexican resport in May 2016 and this site has been establish to provide all necessary information to cruise attendees as well as provide a method of payment and follow-up to support our attendees (the “Service”).
Use of www.TripleTCruise.com and www.TripleTRetreat.com, including all materials presented herein and all online services provided by TTTRetreat, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to all personal growth and development subject matter and other information are subject to change. TTTRetreat makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. TTTRetreat disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
In registering and completing payment for Service you understand that the following is included as a part of your purchase and is the responsibility of TTTRetreat:
- TTTRetreat will book your room choice via the resort and secure your stay
- Car service/shuttle for all attendees from airport to resort and again at completion of trip from resort to airport
- All meals, drinks (including alcohol), and lodging in the resort are included
- All coaching events, sessions, group work, and materials are included
In registering and completing payment for Service you acknowledge the following:
- It is your responsibility to notify TTTRetreat if you need to be communicated with via a different email address than given through Paypal at time of purchase. Otherwise, you will be contacted via the email address submitted via Paypal.
- Not included in your registration cost is any gratuity you choose to impart to the resort staff
- It is your sole responsibility to secure your Passport.
- It is your sole responsibility to book and secure airfare to and from Cancun, Mexico
- It is your sole responsibility to purchase travel insurance if you so choose.
- It is your responsibility to bring spending money for adventures/purchases of your choice.
- You understand the TTTRetreat policy only permits attendees 21 years old and older and you acknowledge your compliance.
- TTTRetreat is not liable and cannot be held responsible for anything at the resort, as this is the responsibility of the resort.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
CANCELLATIONS, REFUNDS & RETURNS
Due to the nature of this event and because we have obligations to pay the resort to secure your room, there is a $350 non-refundable deposit on all purchases, regardless of room choice and regardless of payment plan option. Any purchaser can receive the total amount paid to TTTRetreat, less the $350 non-refundable deposit, if TTTRetreat is notified by January 1st, 2016, 9pm Pacific Standard Time that a refund is requested.
- Example 1: If you chose the Deluxe Room ONE PAY option for $1247 and decided on November 14th, 2015 that you needed a refund, you would be refunded $897 ($1247 – $350 = $897).
- Example 2: If you chose the Junior Suite FOUR PAY option for $1547 on October 17th, 2015, and paid a second installment of $399 on November 16th, 2015 and requested a refund November 27th, 2015, you would be refunded $399. ($350 first installment paid October 17th is non-refundable, but all payments made thereafter could be refunded; In this case, $399).
January 1st, 2016, 9pm Pacific Standard Time is the absolute deadline for any refund requests. After this date no refunds will be issued nor installment payments cancelled. As of January 2nd, 2016, all sales are final and no refunds will be issued. All room purchases/registrations are non-transferable.
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to TTTRetreat will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to TTTRetreat. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to TTTRetreat remains yours to the extent that you have any legal claims therein. You agree to hold TTTRetreat harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by TTTRetreat, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service.
Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, TTTRETREAT IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF TTTRETREAT HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL TTTRETREAT’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM TTTRETREAT, AND IF NO PURCHASE HAS BEEN MADE BY YOU TTTRETREAT’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with TTTRetreat. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation,attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and TTTRetreat pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by TTTRetreat shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by TTTRetreat.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
TTTRetreat ℅ Amy E. Smith
426 W. 1st Street, Unit 24
Tustin, CA 92780
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Orange County, California. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution3 or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Updated: AUGUST 2015
INFORMATION WE COLLECT
This Site only collects the personal information you voluntarily provide to us, which may include:
- Name, first and last
- Email address
- Mailing address
The information you provide is used to process transactions, send periodic emails, and improve the service we provide. We do share your information with trusted third parties who assist us in operating our website, conducting our business and servicing clients and visitors. These trusted third parties agree to keep this information confidential. Your personal information will never be shared with unrelated third parties.
We may record information relating to your use of the Site, such as the searches you undertake, the pages you view, your browser type, IP address, requested URL, referring URL, and timestamp information. We use this type of information to administer the Site and provide the highest possible level of service to you. We also use this information in the aggregate to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Site.
We may send cookies to your computer in order to uniquely identify your browser and improve the quality of our service. The term “cookies” refers to small pieces of information that a website sends to your computer’s hard drive while you are viewing the Site. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). You have the ability to accept or decline cookies using your web browser settings. If you choose to disable cookies, some areas of the Site may not work properly or at all.
THIRD PARTY LINKS
We maintain security measures to protect your personal information from unauthorized access, misuse, or disclosure. However, no exchange of data over the Internet can be guaranteed as 100% secure. While we make every effort to protect your personal information shared with us through our Site, you acknowledge that the personal information you voluntarily share with us through this Site could be accessed or tampered with by a third party. You agree that we are not responsible for any intercepted information shared through our Site without our knowledge or permission. Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.
UPDATING YOUR INFORMATION
You may access and correct your personal information and privacy preferences by contacting us via email at firstname.lastname@example.org.
CHANGES TO THIS POLICY
Updated: AUGUST 2015
This website/email series is an educational and informational resource for business owners. It is not a substitute for working with a business consultant or other professional. TTTRetreat cannot guarantee the outcome of following the recommendations provided and any statements made regarding the potential outcome are expressions of opinion only. TTTRetreat makes no guarantees about the information and recommendations provided herein. By continuing to use/ read/participate in this website/email series you acknowledge that TTTRetreat cannot guarantee any particular results, as such outcomes are based on subjective factors that are not within our control. Therefore, following any information or recommendations provided on this website/email series are at your own risk. If you need business advice, you should hire a business consultant or other professional.
ADVICE: CAREER, LIFE, LOVE, AND ANY OTHER ADVICE ON THIS SITE
This website/email series is an educational and informational resource for attendees of Tanning, Tacos, and Transformation Retreat and those who may be interested in becoming attendees of the retreat. It is not a substitute for working with any sort of mental health professional. TTTRetreat cannot guarantee the outcome of following the recommendations provided and our statements about the potential outcome are expressions of opinion only. TTTRetreat makes no guarantees about the information and recommendations provided herein. By continuing to use/read/participate in this website/email series you acknowledge that we cannot guarantee any particular results, as such outcomes are based on subjective factors that are not within our control. Therefore, following any information or recommendations provided on this website/email series are at your own risk. If you need mental health advice, you should hire a doctor or other appropriate mental health professional.
THE “I’LL GIVE YOU MY OPINION ABOUT YOUR SITUATION BUT DON’T SUE ME” DISCLAIMER
The complimentary advice provided herein is based on an abbreviated examination of the minimal facts given, not the extensive analysis we conduct when working with individual clients. Therefore, this advice is not a substitute for working with a coach, therapist, mental health professional or any other applicable professional. TTTRetreat cannot guarantee the outcome of following the advice provided and our statements about the potential outcome are expressions of opinion only. Following the advice provided is at your own risk. Consider hiring a coach, therapist, mental health professional or any other applicable professional to assist you with this issue.
LIFE COACH OR OTHER COACHES
By participating in/reading our coaching service/website/email series, you acknowledge that TTTRetreat are not a licensed psychologists or health care professionals and our services do not replace the care of psychologists or other healthcare professionals. Coaching is in no way to be construed or substituted as psychological counseling or any other type of therapy or medical advice. TTTRetreat will at all times exercise our best professional efforts, skills and care. However, I cannot guarantee the outcome of coaching efforts and/or recommendations on this website/email series and my comments about the outcome are expressions of opinion only. TTTRetreat cannot make any guarantees other than to deliver the coaching services purchased as described.
TTTRetreat aims to describe and display our products and services as accurately as possible. However, we cannot guarantee that all offerings available on the cruise will be completely accurate due to changes controlled by the cruise line. Likewise, TTTRetreat cannot guarantee their uses for your particular circumstances and purposes. Please do not accept that the product descriptions contained on this website/newsletter/email series are entirely accurate, current, or error-free. Occasionally, TTTRetreat may correct errors in pricing and merchandise descriptions.