Vallecitos Mountain Retreat Center

Terms of Service

Dated Dececmber 7, 2016

Acceptance of Terms

The Vallecitos Mountain Retreat Center Site is owned by Vallecitos Mountain Refuge, a 501(c)3, tax exempt, non-profit organization (“VMRC,” “we,” or “us”) and is an online wilderness education and retreat registration located at www.Vallecitos.org. (the “VMRC Site” or “Site”). VMRC’s teachers lead retreats and trainings in meditation, mindfulness practice, personal growth, professional development, continuing education, and yoga. (“VMRC Service” or “Service”).

By registering as a member or by using the VMRC Site and/or Service in any way, you accept these Terms of Service (“Agreement” or “Terms”), which forms a binding agreement between you and VMRC. You should also read and understand the VMRC Privacy Policy, which is incorporated by reference into this Agreement and is available on the VMRC Site.

IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY, LIMITATIONS OF LIABILITY, WARRANTY DISCLAIMERS AND LEGAL DISCLAIMERS, YOU ARE NOT AUTHORIZED TO USE THIS SITE.

1. Who May Use the VMRC Site

Age Requirement. You must be at least 18 years old to use the VMRC Site.

Notice To Parents And Guardians. You are responsible for monitoring and supervising your child’s use of the VMRC Site. If your child is using the VMRC Site without your express consent and is under 18, please contact us immediately so that we can disable his or her access. If you have questions about VMRC, please contact us at refuge@vallecitos.org

2. Professional Advice and Medical Disclaimer

VMRC consists of nationally renowned instructors in meditation, mindfulness practice, personal growth, professional development, continuing education, and yoga. You acknowledge that your use of this Site is for educational purposes only. You understand that if you are seeking medical advice, direction or recommendations you must seek those in person, from qualified medical practitioners having particular knowledge of your case, medical circumstances and history.

THE VMRC SITE OFFERS GENERAL WELLNESS AND WILDERNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE VMRC SITE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE. VMRC SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE VMRC SITE.

THE VMRC SITE IS CONTINUALLY UNDER DEVELOPMENT AND VMRC MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE VMRC SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

YOUR USE OF THE VMRC SITE IS AT YOUR OWN RISK.

3. General Disclaimers

Site “As Is”. VMRC provides the VMRC Site on an “as is” and “as available” basis. You therefore use the VMRC Site at your own risk. VMRC expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. VMRC has no obligation to screen or monitor any content and does not guarantee that any content made available on the VMRC Site complies with this Agreement or is suitable for all users. VMRC shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to your computer system, internet access, download or display device.

Your Responsibility. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the VMRC Site. To the extent that a secondary party may have access to or view VMRC content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement.

4. Limitation of Liability

General Limitation. To the fullest extent permitted by law: (i) in no event shall VMRC, nor its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) VMRC, and its affiliates’ total liability to you shall not exceed the amounts paid by you to VMRC over the twelve (12) months preceding your claim(s).

IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SITE.

VMRC Resources. The resource materials provided on the VMRC Site are intended as general educational information. VMRC DOES NOT REPRESENT IN ANY WAY THAT ANY ADVICE PROVIDED IN RESOURCE MATERIALS CONSTITUTES QUALIFIED EXPERT ADVICE.

Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

5. Privacy

Privacy Policy. Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn what information we may collect about you, what we use that information for, and with whom we may share that information.

Consent to Email. When you register with our Site, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Site, such as administrative notices and Site announcements or changes, or emails containing newsletters, promotions or special offers from us or third party partners.

6. Registration Provisions

Registration: In using the VMRC Site, you may complete a registration form in which you will be required to providing a user name, password, valid email address and valid credit card information. You must provide complete and accurate registration information to VMRC and notify us if your information changes.

User Name: You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.

Account Security: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the VMRC Site. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at refuge@vallecitos.org

7. Payments/Donations

Registration Fees and Donations. You may pay registration fees and/or make donations via the VMRC Site. Registration fees and/or account balance are charged to the credit card provided 30 days prior to the registered event.

Authorization. When you register on our Site and provide a payment method to VMRC, you are granting your express consent and are expressly authorizing us (and our designated payment processor) to automatically charge your payment method Site.

If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee.

8. Term and Termination; Account Deletion

Term. This Agreement begins on the date you first use the VMRC Site and continues as long as you have an account with us.

Account Deletion. You may delete your account at any time. We reserve the right, but are under no obligation to, to delete an account from the VMRC Site that remains inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months.

Termination For Breach. VMRC may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if VMRC determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage VMRC reputation or goodwill. If VMRC deletes your account for the foregoing reasons, you may not re-register for the VMRC Site. VMRC may block your email address and Internet protocol address to prevent further registration. VMRC is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.

After your account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

9. Code of Conduct and Prohibited Activities

In using the VMRC Site, you must behave in a civil and respectful manner at all times.

VMRC reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates our Terms. Your use of the Site must comply with all applicable laws and regulations. You agree that VMRC may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Site in the future; or (v) protect the rights, property or personal safety of the Company or any other person.

10. Indemnification

You agree to indemnify, defend, and hold harmless VMRC and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney’s fees) that: (i) arise from your activities on the VMRC Site; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to VMRC violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. VMRC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with VMRC in connection therewith.

11. License to Use the VMRC Site

License. VMRC grants you a limited, non-exclusive license to access and use the VMRC Site for your own personal, non-commercial purposes. This includes the right to view content available on the VMRC Site. This license is personal to you and may not be assigned or sublicensed to anyone else.

Restrictions. Except as expressly permitted by VMRC in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the VMRC Site. Nor will you take any measures to interfere with or damage the VMRC Site. All rights not expressly granted by VMRC are reserved.

Mobile Devices And External Devices. These Terms of Site, and all of the provisions herein, also govern the use of our mobile, desktop and set-top devices. Your use of the VMRC Site through any applications or device constitutes your agreement to be bound by these Terms.

12. Third Party Links and Content

Linked Sites. Certain links on the VMRC Sites and/or the VMRC Site may let you leave the particular VMRC Site or VMRC Site you are accessing in order to access a linked site (the “Linked Sites”). When you are linking to a third party site, it is important to know that VMRC does not control these sites, nor has VMRC reviewed or approved the content which appears on the linked sites. VMRC is not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any linked sites, or the conduct of such linked sites. You acknowledge and agree that VMRC 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 any of the links, content, goods or Sites available on or through the linked sites.

Dealings with Third Parties. More specifically, your participation, correspondence or business dealings with any third party found on or through the VMRC Sites (i.e., a linked site), regarding payment and delivery of specific goods and Sites, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that VMRC shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

13. Intellectual Property

You acknowledge that the VMRC Site contains software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, “Content”) that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All VMRC-generated Content and Content developed for VMRC by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, VMRC owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the VMRC Site. Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the Sites, you may download one copy of the application (but never the Content) to any single computer or device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with these Terms. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website or networked computer environment is strictly prohibited.

The VMRC name, logos and affiliated applications and technologies are the exclusive property of VMRC. All other trademarks appearing on the Sites are trademarks of their respective owners. Our partners or Site providers may also have additional proprietary rights in the content that they make available through the Sites. The trade names, trademarks and Site marks owned by us, whether registered or unregistered, may not be used in connection with any product or Site that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or Site marks without our express prior written consent.

VMRC owns and retains all proprietary rights in the Site, and in all content, trademarks, trade names, Site marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, Site marks, or other intellectual property or proprietary information accessible on the Site or through the Site, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

14. Copyright / DMCA Policy

VMRC respects the intellectual property of others, and we ask our users to do the same.

VMRC will promptly remove materials from the VMRC Site in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright.

VMRC will respond as quickly as practical to claims that infringing material appears on the Site. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide the Site copyright agent (“Agent”) the written information specified below:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work or other intellectual property that you claim has been infringed or improperly removed;
• A description of where the material that you claim is infringing or improperly removed is located;
• Your address, telephone number, facsimile number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; OR that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
• A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.
• A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which VMRC may be found and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
• Your electronic or physical signature.

The Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

Email: director@vallecitos.org

VMRC Copyright Agent

Jessica Denison, Director

P.O. BOX 4051

Durango, CO 81302

USA

15. General Provisions

Dispute Resolution, Arbitration And Governing Law. Except where prohibited, any dispute, claim, or controversy arising out of or relating to this Agreement, the Site, or the Site shall be submitted to mediation.  If the matter cannot be resolved through mediation, then the matter shall be resolved through BINDING ARBITRATION.  Judgment upon the award rendered in arbitration shall be entered in any court having jurisdiction thereof.  The prevailing party shall be entitled to recover attorney fees and costs in connection with the action. You may not under any circumstances commence or maintain against VMRC or its affiliates any class action, class arbitration, or other representative action or proceeding.

By using the Site or the Site in any manner, except where prohibited, you agree to the above mediation and arbitration agreement. In doing so, except where prohibited, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and VMRC or its affiliates. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against VMRC may be commenced only in the federal or state courts located in Santa Fe, New Mexico. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury.

This Agreement, and any dispute between you and VMRC, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

Interpretation; Severability; Waiver; Remedies. Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by VMRC in exercising any right hereunder will waive any further exercise of that right. VMRC rights and remedies hereunder are cumulative and not exclusive.

Successors; Assignment; No Third Party Beneficiaries. This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without VMRC prior written consent. No third party shall have any rights hereunder.

Notices. You consent to receive all communications including notices, agreements, disclosures, or other information from VMRC electronically. VMRC may provide all such communications by email or by posting them on the VMRC Site. For support-related inquiries, you may send an email to director@vallecitos.org or the following address:

Jessica Denison, Director

P.O. BOX 4051

Durango, CO 81302

USA

 

Nothing herein shall limit VMRC right to object to subpoenas, claims, or other demands.

Modification. This Agreement may not be modified except by a revised Terms of Service posted by VMRC on the VMRC Site or a written amendment signed by an authorized representative of VMRC. A revised Terms of Site will be effective as of the date it is posted on the VMRC Site.

Entire Agreement. This Agreement incorporates the following documents by reference:

1. PRIVACY POLICY

This Agreement constitutes the entire understanding between VMRC and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.

 

END OF DOCUMENT.