Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Account means a unique account created for You to access our Service or parts of our Service.
- Country refers to: California, United States
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Activ Retreats LLC.
- Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
- Booking refer to a successful registration for a retreat or host rental
- Registration means a request by You to book a retreat.
- Promotions refer to contests, sweepstakes or other promotions offered through the Service.
- Service refers to the Website or marketplace.
- Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to Activ Retreats, accessible from Wellness Retreats | Active Escapes – Activ Retreats
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18 and that you are capable of consenting to the Terms and Conditions. . The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Activ Retreats LLC & Trademark Use
"Activ Retreats" is a registered LLC corporation established in California, USA and existing under the laws of the United States with an EIN #92-2009055
You are not allowed to use our name, logo, tagline, or any identifier or tag generated by our marketplace without our express prior written permission. This includes using them as a hyperlink to any website or other location (unless specifically allowed by us) or implying that you are affiliated with us as an employee, contractor, agent, or in any other way. Additionally, you must not alter or remove any intellectual property once you have received approval to use them from Activ Retreats.
Terms of Use
Our terms of use apply to all of our services that you access online directly or indirectly. By accessing or using our website or making a booking through our marketplace, you acknowledge that you have read and agree to these terms of use. We may amend these terms at any time and reserve the right to make changes and improvements to the marketplace at any time without incurring any liability from you. If you continue using the marketplace after these terms have been amended, you agree to the amended terms. If you do not wish to accept the changes, you can stop using the marketplace.
We recommend that you carefully read these terms and conditions so that you fully understand your rights and responsibilities related to the use of the Activ Retreat marketplace.
Using the Activ Retreats Marketplace
While using this marketplace, you can view listings from retreat hosts ("Hosts") and request to book ("Bookings") for the available sessions. By placing a booking for a retreat or host rental through this service, All bookings are subject to a deposit (“Deposit”). Once you have selected a trip, made a reservation, provided your personal information and your booking has been accepted by your host, you will enter into a binding contract with the host of the trip. While Activ Retreats will try to assist you in resolving any issues that may arise between you and the host, we cannot be held responsible for any problems that arise, whether before or during your Retreat. If you have any questions, complaints, or comments about a host, listing, booking or deposit, you can contact Activ Retreats through the marketplace at support@activretreats.com.
All listings, agreements and policies encompassed in these listings are subject to the host's terms and conditions. Activ Retreats is not a party to any agreement between yourself and a Host. We recommend that you carefully read each host’s terms and conditions. Activ Retreats is not responsible for any decisions you make based on the information provided by Activ Retreats or that of our hosts on the marketplace, unless stated otherwise in these terms of use.
Additionally, you acknowledge and agree that You are not allowed to use our marketplace for any inappropriate activities such as spreading viruses, hacking, spamming, damaging, deleting or making our marketplace inaccessible. You are not allowed to use manual or automated software or processes to crawl or scrape the marketplace or reproduce, decompile or reverse engineer it. All users must additionally adhere to our security measures and not circumvent these.
Hosts may not list retreats, events, products, or services that violate any applicable laws or regulations. . Activ Retreats reserves the right to modify a listing at our discretion in order to improve visibility, appeal, and ranking. This may include editing the title, correcting grammar and punctuation, rearranging sections, images, and text, and similar actions. We also reserve the right to suspend or terminate your use of the marketplace at our discretion and without cause. Misrepresentation of a Retreat or Property is not permitted by Activ Retreats and is immediate grounds for your listing to be removed and your access to the Services to be terminated.
Availability, Errors and Inaccuracies
We are constantly updating Our listings. The retreats and host rentals available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our retreats on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Your Information
If You wish to book a retreat or host rental available on the Service, You may be asked to supply certain information relevant to Your booking including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. In addition, you may be asked to verify that you are physically and emotionally capable of participating in the Retreat.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your booking.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Bookings, Payments and Commissions
Bookings and Listings
Listing rentals or retreats on our marketplace is FREE. Hosts set their own fees for their retreats and host rentals. If you make a booking, you may be responsible for paying a portion of the fee to the organizer. We have no involvement in or liability for your payment of reservations.
On the marketplace, you can view prices for the retreats and host rentals in different currencies. These conversions are estimates. At the time of payment, the price of the retreat and or host rental will be converted in real-time to the currency specified by the organizer. This may differ from the amount displayed earlier. The price displayed after this real-time conversion will be the final amount due for the reservation. The marketplace may require payment in the user's national currency and may charge a conversion fee for this.
The payment terms for bookings are set by the hosts, and the currencies and payment methods available may vary. Activ Retreats is not responsible for these payment terms or any rights derived from currencies.
Payments
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your booking experience.
We pay all partners and hosts via Stripe.
Booking Cancellation
We reserve the right to refuse or cancel Your booking at any time for certain reasons including but not limited to:
- Retreat or host rental availability
- Errors in the description or prices for the retreat or host rental
- Errors in Your booking
- Political instability, riots or environmental incidents [i.e. flooding, forest fire]
We reserve the right to refuse or cancel Your booking if fraud or an unauthorized or illegal transaction is suspected.
Commission Fees
In the event that Activ Retreats brings a customer to you who successfully books your retreat or venue via our marketplace or directly on your site after visiting Activ Retreat, you will be required to pay a commission of 10% on the total price of the booking unless otherwise agreed to with Activ Retreats. This commission will be collected as a deposit from the customer at the time of booking, and the remaining balance will be transferred to you after deducting a payment processing fee. Please note that this commission applies to all bookings and rentals made through our marketplace and to referrals. If a customer is referred to you by Activ Retreats, you are also required to pay a 10% commission on the total price of the booking unless otherwise agreed to with Activ Retreats.
Commission Disputes
If you wish to challenge a commission charge, please contact us at support@activretreats.com. We will investigate this to determine the original source of the lead and, if necessary, make adjustments. If you believe you received a lead from a different source prior to a customer’s engagement with Activ Retreats, you may provide a copy (or screenshot) of the dated communications as proof.
Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Impersonating any person or entity including the Company and its employees or representatives.
- Violating the privacy of any third person.
- False or misleading information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Content Backups
Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Limitation of Liability
To the maximum extent permitted by applicable law, IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, LOSS OF PRIVACY arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Notwithstanding any damages that You might incur, it is understood that Activ Retreats is not an insurer, that insurance if any shall be obtained by You and that if Activ Retreats should be found liable for any loss, damage or injury relating to the Service, its likability shall be limited to a sum equal to the cost YOU paid to Activ Retreats.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not be deemed to apply. In these jurisdictions, each party's liability will be limited to the greatest extent permitted by law.
Indemnity
By using our marketplace, the Host agrees to defend and hold harmless Activ Retreats, its affiliates, employees, agents, contributors, third party content providers, insurers and licensors from any third-party actions, claims, demands, liabilities, costs, expenses (including legal fees), losses, or damages that arise from a Host’s content, use of our Services or the Retreat.
It is further agreed that should You cause any damages, whether direct or indirect, to the HOST that you shall indemnify and hold harmless Activ Retreats from any and all claims, damages, losses, demands, liabilities, costs and expenses (including legal fees) arising from your negligence, whether by conduct or omission, during the Retreat.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE". Without limitation to the foregoing, the Company provides no warranty, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation, availability and experience of the Service; or (ii) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
Our Services and any contract arising therefore shall be construed in accordance with the laws of California and you irrevocably submit to the exclusive jurisdiction of the courts of California.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. Any dispute, conflict or controversy howsoever arising out of or broadly in connection with or relating to this Agreement, including those relating to its validity, its construction or its enforceability, shall be first mandatorily submitted to mediation proceedings. If such dispute has not been settled within sixty (60) days after a request for mediation has been submitted, the matter can proceed to the Courts of California.
For European Union (EU) Users
If You are a European Union customer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
You agree that the original English text shall prevail in the case of a dispute.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
Disclaimer
Last updated: November 02, 2023
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Disclaimer:
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Disclaimer) refers to Activ Retreats LLC, 52 Chester St, Los Gatos, CA 95032, USA.
- Service refers to the Website.
- You means the individual accessing the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
- Website refers to Activ Retreats, accessible from Wellness Retreats | Active Escapes – Activ Retreats
Disclaimer
The information contained on the Service is for general information purposes only.
The Company assumes no responsibility for errors or omissions in the contents of the Service.
In no event shall the Company be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.
The Company does not warrant that the Service is free of viruses or other harmful components.
Fitness Travel Information Disclaimer
The Service can offer health and fitness travel information including, without limitation, recommendations, that are provided solely as general education and informational purposes.
Use of the advice and information contained herein is at your sole choice and risk. Always consult your physician or healthcare provider before beginning any active fitness program.
If You choose to use this information to book a retreat or service without prior consent of your physician, You are agreeing to accept full responsibility for your decisions and agreeing to hold harmless the Company.
External Links Disclaimer
The Service may contain links to external websites that are not provided or maintained by or in any way affiliated with the Company.
Please note that the Company does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.
Errors and Omissions Disclaimer
The information given by the Service is for general guidance on matters of interest only. Even if the Company takes every precaution to ensure that the content of the Service is both current and accurate, errors can occur. Plus, given the changing nature of laws, rules and regulations, there may be delays, omissions or inaccuracies in the information contained on the Service.
The Company is not responsible for any errors or omissions, or for the results obtained from the use of this information.
Fair Use Disclaimer
The Company may use copyrighted material which has not always been specifically authorized by the copyright owner. The Company is making such material available for criticism, comment, news reporting, teaching, scholarship, or research.
The Company believes this constitutes a "fair use" of any such copyrighted material as provided for in section 107 of the United States Copyright law.
If You wish to use copyrighted material from the Service for your own purposes that go beyond fair use, You must obtain permission from the copyright owner.
Views Expressed Disclaimer
The Service may contain views and opinions which are those of the authors or travelers and do not necessarily reflect the official policy or position of any other author, agency, organization, employer or company, including the Company.
Comments or reviews published by users are their sole responsibility and the users will take full responsibility, liability and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. The Company is not liable for any comment published by users and reserves the right to delete any comment for any reason whatsoever.
No Responsibility Disclaimer
The information on the Service is provided with the understanding that the Company is not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers.
In no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in connection with your access or use or inability to access or use the Service.
"Use at Your Own Risk" Disclaimer
All information in the Service is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.
The Company will not be liable to You or anyone else for any decision made or action taken in reliance on the information given by the Service or for any consequential, special or similar damages, even if advised of the possibility of such damages.
Contact Us
If you have any questions about this Disclaimer, You can contact Us:
