TERMS AND CONDITIONS (INCLUDING LIABILITY ISSUES AND PRIVACY ISSUES
INTRODUCTION AND SUMMARY
The below serve as the Terms and Conditions (also referred to as the “Terms”) that you fully agree to (**including limitations on liability**) when you do any of the following in relation to SR Retreat Group, LLC d/b/a Sweat Reset (also referred to as “we” and/or “us” herein): use this website or any other affiliated website application, program, or platform; interact with us; engage us for services; and/or participate in any activities or programs we arrange or sponsor (collectively these are the “Services” or “Activities”). If you have any questions or do not agree, then you should not engage in any of the Services, Activities, or other items described herein. This paragraph is a material part of our agreement with you, and you and we irrevocably stipulate that neither of us needs to sign or “execute” anything for these Terms to be effective. Terms may change over time, and your participation in Services will be governed by the Terms in effect at the time of your participation. These Terms will be interpreted and enforced pursuant to the laws of the State of North Carolina.
Any notifications or other communications you wish to convey to us should be emailed to Retreats@SweatReset.com.
ORDER OF PRIORITY; CONFLICTS
Other content or agreements which relate to your interactions with us are generally intended to be interpreted in harmony with these Terms.
GENERAL DUTY TO USE GOOD JUDGMENT AND ACT IN GOOD FAITH
You warrant and represent that you are capable of using and shall use good judgment with regard to your conduct, decision-making, and activities, whether related to this Website, the Services, or any other items related to or involving you and us. Most of the Activities shall involve some level of physical exertion, sometimes significant physical exertion, and you must and shall decide to participate in Activities only if and to the extent you can reasonably participate and are comfortable doing so. You promise to not participate in Activities if you are uncomfortable or unsure regarding the safety or appropriateness of participating. You promise to otherwise act in a manner which is respectful and safe toward others during and relating to Activities and when participating in or being present at any of our sponsored, organized, or affiliated events or programs.
WEBSITE AND SIMILAR ITEMS
GENERAL USE OF THE WEBSITE. This Website, www.Sweatreset.com (the “Website”) is owned by SR Retreat Group, LLC, d/b/a Sweat Reset (“we”, “us”). By registering and/or using this Website, you agree to the following terms, rules, and regulations without limitation or qualification. If you do not agree to the Terms, please do not use this Website.
These Terms contain important information about limitations of liability and resolutions of disputes. We may at any time revise these Terms. You are bound by such revisions and should therefore periodically review these Terms.
Information is also gathered to measure the number of visitors to this Website and to each various page and section of the Website and details of searches performed. We also measure the usage of advertising banners and other related links.
LINKS TO THIRD-PARTY SITES. This Website may contain hyperlinks to websites operated by parties other than Sweat Reset. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
YOUR WARRANTIES. As a condition of your use of this Website, you warrant that:
- you are at least 18 years of age or have the permission of your parent or guardian to use this Website and provide information;
- if you attempt or execute the use of any services by or through Sweat Reset or this Website, you are at least 18 years of age and you possess the legal authority to create a binding legal obligation;
- you will use this Website in accordance with these Terms;
- you will only use this Website to for the legal and legitimate purposes it is intended;
- all information supplied by you to us, via this Website or otherwise, is true, accurate, current, and complete; and
- if you have an account with us, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms. Any breach of these Terms by you may result in legal action taken by us.
PROHIBITED ACTIVITIES. The content and information on this Website (including, but not limited to, price and availability of services) as well as the infrastructure used to provide such content and information, is proprietary to us or our affiliates. While you may make limited copies of your own account and information, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. In addition, you must not:
- make any fraudulent, speculative, or false statements, bookings, or other efforts using this Website;
- use another’s name, ID, or password without permission;
- use the Website while impersonating another person;
- post or transmit to or via the Website any unlawful, threatening, defamatory, libelous, obscene, indecent, inflammatory, or pornographic material or any material that could give rise to civil or criminal proceedings;
- tamper with, hinder the operation of or make unauthorized modification to the Website;
- delete data from the Website without our permission;
- violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- link to any portion of this Website for any purpose without our express written permission;
- “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization;
- knowingly transmit any virus or other disabling feature to the Website;
- breach any third party’s rights (including intellectual property rights and obligations of confidentiality owed to third parties) or infringe any laws in using this Website;
- frame this Website as part of another site or cache this Website for commercial benefit;
- attempt to do any of the above acts; or
- knowingly permit another person to do the above acts.
If your activities or account shows signs of prohibited activities, fraud, abuse, or suspicious activity, Sweat Reset may cancel any bookings or services associated with your name, email address, or account, and close any associated Sweat Reset accounts. If you have engaged in any fraudulent activity, Sweat Reset reserves the right to take any necessary legal action and you may be liable for monetary losses to Sweat Reset, including litigation costs and fees as well as damages. To contest the cancellation of any account or services, please contact Sweat Reset as set forth herein.
TERMINATION OF WEBSITE ACCESS. We reserve the right to terminate or restrict your access to the Website or the Services at any time and in our sole discretion. If you have been notified by us that you are prohibited from using the Services, you no longer have a license to access and use the Services and any subsequent access or use by you or on your behalf shall be unauthorized and unlawful. We reserve the right to cancel any and all bookings or other transactions you have made using the Services after you have been prohibited from using the Services.
SUFFICIENT HEALTH, MEDICAL, PHYSICAL, MENTAL, AND EMOTIONAL CONDITION
You warrant and represent that you are in appropriate and sufficient good health and medical, physical, mental, and emotional condition to participate in the Activities and to otherwise interact with us and that you have no problems or issues which would endanger you or others due to such participation.
INFORMED CONSENT AND ASSUMPTION OF RISK
Participating in Activities will by the very nature of said Activities lead to a certain level of physical exertion and physical activity, and sometimes lead to or involve certain mental or emotional conditions. You are hereby giving informed consent as to your participation in Activities and interactions with us. By volunteering to participate in the Activities, you assume the risk of any negative consequences which may reasonably result from the Activities, including as a result of actions or inactions with us, other activity participants, or with third parties. If you are not aware of the risks which may come by participating in the Activities, you should not participate until and unless you have sought and received information from us or others as applicable which allows you to have a fair and reasonable opportunity to know and understand said risks. Your participation in Activities and voluntarily interaction with us is a certification by you that you understand all the risks, that you accept the risks, and that you knowingly decide to assume such risks and will not blame others for those risks or their consequences.
GENERAL. You are solely responsible for ensuring that you meet any applicable domestic or foreign travel requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments and/or agencies prior to booking travel. You recognize and accept that travel, especially travel outside of the United States, can be unpredictable and comes with a certain amount of risk.
- Passport and Visa. You must consult the relevant Embassy or Consulate for this information. Requirements may change, and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.
- Health and Sanitation. Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip. The World Health Organization provides health and sanitation information, resources, and recommendations on its website: http://www.who.int/ith/en/
- General Safety. Somewhat depending on where you travel and how you get there, you could be subject to unsafe conditions or events, both manmade and naturally occurring. You should consider this when planning your travel and make all efforts to lower the risks of encountering any dangerous circumstances.
By offering reservations for travel products, in particular international destinations, we do not represent or warrant that travel to such areas is advisable or without risk, and you agree that we are not liable for damages or losses that may result from travel to such destinations. You are responsible for making informed decisions as to all such matters and the consequences of those decisions.
SUITABILITY OF TRAVEL PRODUCTS AND SERVICES. We do not represent that any travel products, packages, or services set out on our Website will be suitable for you. You release us from any claims in relation to the travel products, packages, and services described on our Website, including but not limited to claims that the travel products, packages, and services are not suitable. Service providers are independent parties over which we have no control. The information and description given about the service providers and their products are based on our inquiries and are believed to be accurate, but we cannot guarantee in respect thereof.
COSTS AND FEES. In addition to the costs and fees information set forth on the Website or otherwise provided to you, you may be required to pay certain taxes, government fees, and other charges required by or payable to third parties.
CURRENCY RATES. Your travel may involve the use of different monetary currencies and/or currency exchanges. Currency exchange rates are not controlled by us, and you will be solely responsible for addressing any issues relating to the exchange of currency related to your travel.
BANK AND CREDIT CARD FEES. Some banks and credit card companies impose fees for international transactions. If you are paying from outside of the United States on a U.S. credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means that the amount listed on your credit or bank card statement may be in your local currency and therefore may be a different figure than the figure shown on the billing summary page for the reservation booked on the Services. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the bank or card company, since we may pass your payment on to an international travel supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
SPECIAL NEEDS OR REQUESTS. Should you have any special needs or requests, you must advise us before booking so such issues can be discussed and when possible, resolved. If your special need or request is considered by you to be important or mandatory, please do not book until and unless the relevant issues have been resolved. We generally try to accommodate reasonable needs and requests but cannot make any guarantees. Failure to meet any special need or request does not signify a breach of contract or duty on our part.
INSURANCE. Many problems and scenarios can be insured against. We highly recommend that you take out insurance to provide adequate cover for medical expenses, personal accident, loss of baggage, curtailment or cancellation of trip, or other relevant issues. Please note that there are exclusions to coverage of insurance. It is your responsibility to be familiar with the insurance coverage purchased and ensure that the coverage meets your wants and needs.
SUPPLIER RULES AND RESTRICTIONS. Additional terms and conditions will apply to your purchase of travel-related goods and services. Please read these additional terms and conditions carefully. Please ensure you read the full terms and conditions of carriage issued by the applicable supplier, which can typically be found on the supplier’s website and/or any agreement you have with the supplier. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. Airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Airlines and other travel suppliers may change their prices without notice.
We reserve the right to cancel your travel package if you are not in compliance with all necessary agreements and conditions.
Some hotel suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by Sweat Reset.
You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
PREPAID HOTEL RESERVATIONS. You acknowledge that, except as provided below with respect to tax obligations on the amounts we retain for our services, Sweat Reset does not collect taxes for remittance to applicable taxing authorities. Sweat Reset does not act as a co-vendor with the supplier with whom we book or reserve our customer’s travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by Sweat Reset to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel by our customers.
AGREEMENTS AS TO REFUNDS AND ADJUSTMENTS
Your cancellation of participation in an Activity, Service, program, or trip will be impacted by the overall timing and circumstances. Our cancellation and refund policy, which you irrevocably agree to when you book an Activity with us, is as follows: (a) cancellations made more than 120 days from the start date result in a 50% refund to you; (b) cancellations made 90 – 119 days before the start date result in a 25% refund to you; (c) cancellations made less than 90 days from the start date will not result in any refund at all. We do not offer any type of refund or credit if you arrive late, leave early, or only partially participate in an Activity.
NEED TO COMPLETE AND PROVIDE ALL INFORMATION IN A TIMELY FASHION
You must complete and submit your signed Agreement and client intake form within one week of booking or 90 days prior to retreat start date, whichever comes first. **Failure to do so may be subject to an automatic cancellation by us which would result in the “Refunds” policy stated herein applying the same as if you had cancelled it yourself.**
LIABILITY DISCLAIMERS AND LIMITATIONS; INDEMNIFICATION PROVISIONS
Sweat Reset does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to, the information and description of the hotel, air, cruise, car and other travel products and services displayed on this Website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, Sweat Reset expressly reserves the right to correct any pricing or value errors on our Website which mistakenly list an incorrectly low price or value and to correct any pending reservations made under an incorrect low price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price. Sweat Reset does not guarantee the accuracy of any ratings, reviews, recommendations, or descriptions (including photographs, videos, etc.) displayed on this Website or linked to via this Website. Sweat Reset and its respective suppliers make no guarantees about the availability of specific products and services. Sweat Reset and its respective suppliers may make improvements and/or changes on the Website at any time.
Sweat Reset and its respective suppliers make no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by Sweat Reset. All such information, software products, and services are provided “as is” without warranty of any kind. Sweat Reset and its respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from Sweat Reset and/or its respective suppliers are free of viruses or other harmful components. Sweat Reset and its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.
The carriers, hotels, and other suppliers or travel services or travel-related services are independent entities from Sweat Reset and are not agents or employees of Sweat Reset. Sweat Reset is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. Sweat Reset has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond its direct control, and it has no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
In no event shall Sweat Reset and/or its respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtained through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Sweat Reset and/or its respective suppliers have been advised of the possibility of such damages.
All service providers, hotels, airline carriers, etc. providing travel and other services to you, regardless of our involvement, are independent entities. We are not liable for the actions, omissions, errors, representations, warranties, negligence, breach of contract, personal injuries, death, property damage, or any other damages or expenses resulting from service providers. We have no liability and will not refund due to delay, cancellation, overbooking, strike, force majeure, terrorism, and any other causes that are beyond our direct control. We have no control and are not responsible for any additional expenses, delays, omissions, re-routing, or of acts of interference by the government or legal authorities.
You agree that under no circumstances will we be liable for consequential damages, loss of opportunity damages, or any other type of special damages.
**You agree that Sweat Reset is never liable for costs, fees, damages, or inconveniences incurred by you which are not the fault of Sweat Reset. If, despite the limitation above, Sweat Reset or its respective suppliers are found liable for any of your losses or damages, the liability of Sweat Reset and/or its respective suppliers will in no event exceed the fees you paid to Sweat Reset in connection with your transaction(s) with Sweat Reset.** The limitations specified in this section will survive and apply even if our relationship with you is otherwise ended. The limitations of liability provided in these Terms inure to the benefit of Sweat Reset and/or its respective suppliers.
INDEMNIFICATION. You agree to defend and indemnify Sweat Reset and/or its respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- your breach of these Terms or the documents referenced herein; or
- your violation of any law or the rights of a third party; or
- your use of this Website; or
- your negligence, willful or reckless disregard, or your intentional conduct; or
- your participation in the Activities or Services; or
- your other interactions with us.
INTELLECTUAL PROPERTY ISSUES.
GENERALLY. Unless otherwise indicated by us, the Services and all content and other materials therein, including, without limitation, all logos, designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Sweat Reset or its licensors or users and are protected by U.S. and international intellectual property laws.
LIMITED LICENSE. You are hereby granted a limited, nonexclusive, non-sub licensable right to access and use the Services and Content; however, such right is subject to these Terms and does not include any of the activities listed in the PROHIBITED ACTIVITIES section of these Terms.
INTELLECTUAL PROPERTY INFRINGERS. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and in our sole discretion, the account of users who are deemed to be repeat infringers. We may also, in our sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is an infringer, please provide information sufficient for us to verify that the account holder or subscriber is an infringer when filing your notice.
NOTICE OF INFRINGING MATERIAL. If you believe that anything on the Services infringes any copyright which you own or control, you may file a notification of such infringement with us. You should note that there are potential negative consequences if your notification is improper, inaccurate, and/or otherwise noncompliant. Those negative consequences may include you being liable for damages, including costs and attorneys’ fees, incurred by us.
OUR RELATIONSHIP. You agree that no joint venture, partnership, or employment relationship exists between you and Sweat Reset as a result of these Terms, the Activities, your use of the Website, or our other interactions with you.
EXAMPLES SOMETIMES USED; NON-RELIANCE ON SAME. We may use representative examples of persons, locations, amenities, events, facilities, modes of transportation, etc., and these are used as examples only as opposed to being actual iterations of the same. Until and unless we clearly inform you in writing that a particular item applies to you and your Activities, you shall not rely on the examples provided.
COMPLIANCE WITH LAWS. Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Services or the information provided to or gathered by us with respect to such use.
LIMITATIONS ON TIME TO BRING CLAIMS. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Services within two (2) years from the date on which such claim or action arose or accrued, or within the statute of limitations time period, whichever is shorter, or such claim or cause of action will be irrevocably waived.
SEVERABILITY. If any part of these Terms is found to be invalid, illegal or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity, legality and enforceability of the remaining provisions. You and we agree that if a court of law or other applicable body with jurisdiction is willing to do so, it may modify these Terms if doing so is necessary to effectuate the overall intent of these Terms.
NO WAIVER OF ENFORCEMENT. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
ENTIRE AGREEMENT. These Terms (and any other terms and conditions referenced herein) constitute the entire agreement between you and Sweat Reset with respect to the Services and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Sweat Reset with respect to the matters covered or referenced herein. Regardless of the above language, however, any explicit and specific other agreements between you and us which are formally acknowledged by you and us to apply to our relationship will not be disregarded.
ACCEPTABLE FORMAT. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
RESERVATIONS OF RIGHTS. Any rights not expressly granted herein are reserved.
DISPUTES. You and we stipulate that the laws of the State of North Carolina shall apply to any disputes regarding or relating to any claims or disputes between you and us. You and we agree that we must first make thorough, good faith attempts to informally resolve any disputes between us or related to these Terms. If we are collectively unable to do so within 60 days of the dispute arising, then any such dispute must be resolved by way of mandatory, binding arbitration instead of via litigation in the formal court system, with a possible, limited exception if emergency equitable relief must be sought before arbitration has been initiated. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis much of the same damages and relief as a court. Should there be a claim or other legal dispute between us, each side shall bear his or her own attorneys’ fees, the filing party shall pay any filing fees, and you and we shall evenly split the costs and fees owed to the arbitration company and/or the arbitrator.
Arbitrations will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA Consumer Rules, unless otherwise stipulated by you and by us. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Any such arbitration shall take place in Mecklenburg County, North Carolina and the courts located in Mecklenburg County, North Carolina shall have exclusive jurisdiction to the extent that the dispute appropriately ends up in the formal legal system.
Before initiating an arbitration proceeding, you must send a certified letter describing your claims and your intent to initiate arbitration to SR Retreat Group, LLC at 307 Gilead Road Huntersville NC, 28078 . A party requesting arbitration must also provide a copy of the request to the AAA online at www.adr.org or to the AAA office in, near, or responsible for Mecklenburg County, North Carolina.
Any and all proceedings to resolve claims will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and Federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.