By using writingretreatdirectory.com, or clicking “Buy Now,” “Purchase,” "Get Started," or any other phrase on the purchase button, entering your credit card information, or enrolling, electronically, verbally, or otherwise, you are entering into a legally binding agreement with Retreat Directory Solutions LLC, subject to the terms and conditions as outlined below.
The terms “Company”, “we,” “us,” and “our” refer to Retreat Directory Solutions LLC. The term “Site” refers to www.writingretreatdirectory.com. The terms “customer”, “you,” and “your” refer to site visitors, customers, members and any other users of the site.
Writing Retreat Directory is a subscription/membership site for online advertising, training, courses, resources and other content relating to planning, creating, marketing and hosting a writing retreat (the “Service”).
Use of Site, including all materials presented herein and all online services provided by Company, 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.
Parties agree that the Service is in the nature of advertising, promotion, and education. The scope of services provided by Company according to this Agreement are limited to those listed on writingretreatdirectory.com website. We reserve the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.
We reserve the sole and exclusive right to either modify or discontinue the Serivces and any applicable sales and discounts on such Services at any time, with or without notice to you. We will not be liable to you or any third party should we exercise such right.
You understand and acknowledge that we cannot promise or guarantee any specific results from using the Service.
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 membership sites and other information are subject to change. the Company makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. We disclaim all liability for any inaccuracy, error, or incompleteness in the Content.
In order to use the Service, you will 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 Company 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 offered are 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.
ORDER PAYMENT AND CONFIRMATION
Each party acknowledges that Company will charge the credit card chosen by the Customer on the date and for the amounts specified upon purchase and as included in this Agreement. If you choose to purchase one or more of the Services, you agree to pay all fees associated with the Serivice regardless of payment structure. For example, some Services may require a one-time payment in full or have a payment plan until paid in full. Other Services may have a month to month option. It is the general policy of Company that all sales are final.
In the event Client fails to make any of the payments outlined above, Company has the right to immediately disallow services and benefits until payment is paid in full.
We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
We do not directly process credit or debit cards or take other payment processing information. Payment processing is handled through third-party services, such as PayPal and Stripe. In the event you sign up for an Offering that incurs recurring charges (such as a month-to-month payment plan or subscription), such charges will be automatically charged on the same date of each month. If for any reason, your payment does not process or is declined, you agree that we may, at our option, suspend or terminate performance and delivery of Offerings and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
DURATION OF AGREEMENT
Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against Company when there are reasonable delays in the access of the Service.
You are responsible for ensuring all information regarding your writing retreat listing is accurate and keeping the listing updated. Company is not responsible for the accuracy of the information.
Company reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but it is not required to do so under the terms of this agreement.
Lifetime Access is for the lifetime of the Service. If for any reason, Companyshould dissolve or cease to exist, then your access to the Service terminates.
If you are paying on a subscription this allows you access to the Service for the duration of your plan selection (3, 6, or 12 months or month to month). Failure to pay your subscription payment will result in access to the Service being stopped.
You may cancel the automatic renewal of your subscription at any time and your access to the Site will end at the end of the current contracted term.
CANCELLATIONS & REFUNDS
Due to the nature of this advertising and promotion service, no refunds will be granted. If you cancel before your subscription term has expired, no refunds will be made for any subscription fees already paid, nor for the remaining portion. If you no longer need the Service for the writing retreat you listed, you may still use your subscription to list/advertise another writing retreat for the duration of your subscription term.
When you cancel, after your current subscription period is completed, you will no longer have access to the Service, including all content and community resources.
It is entirely your responsibility to ensure that you cancel your account in good time should you no longer require the Service and do not wish to be billed further.
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.
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.
As a feature of the Service, Company may provide access to a community or social media platforms in conjunction with the Service. Company is not required to provide a community platform, and has complete discretion with regards to the platform, and the nature of the interaction, dependent of the Service.
You agree that your use of these community and social media platforms is a privilege and Company may limit or deny access to these platforms for misconduct that includes but is not limited to being inappropriate, rude, violent, or threatening. We will make reasonable efforts to provide notice to you with regards to inappropriate or unapproved content that you have placed within the voluntarily provided community and social media platform. Company is not required to provide notice, and reserves all rights to take immediate and appropriate action to protect Company’s brand and image integrity.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to Company and writingretreatdirectory.com. 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 Company remains yours to the extent that you have any legal claims therein. You agree to hold Company 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.
You consent to recordings being made of calls or webinars provided as part of the Service. You consent to your name, words, voice, and likeness being used by Company for promotional, business development, and marketing purposes, without compensation to you. We will make reasonable effort to secure your written permission before using and distributing recordings, print materials, audio, or visual representations that refer to you.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Company, including trademarks, copyrights, proprietary information, and other intellectual property. Company’s copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including Company’s copyrighted materials shall remain the sole property of Company. No license to sell or distribute our materials is granted or implied.
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. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. 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.
The testimonials or examples on the Site are simply that, examples. While they are all accurate and authentic, we are not making claims that YOU will experience the same or better results from using or purchasing the Site and/or Services.
Any links to, mentions of, or features of various companies, products, or services are not in any way an endorsement of said company, product, or service. We do not guarantee your success, satisfaction, or safety with regard to said company, product, or service. You should only do business with one of those companies, products, or services after you have independently investigated it, assessed the applicable risk, and determined you would like to use or try it.
LIMITATION OF LIABILITY
COMPANY DOES NOT ENDORSE, AND EXPRESSLY DISCLAIMS ALL LIABILITY RELATING TO, ANY OF THE PRODUCTS OR SERVICES PROVIDED BY SUBSCRIBERS, ADVERTISERS, OR SPONSORS.
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, RETREAT DIRECTORY SOLUTIONS LLC 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 WE DO DIGITAL LTD 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 WE DO DIGITAL LTD’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM COMPANY, AND IF NO PURCHASE HAS BEEN MADE BY YOU, COMPANY’’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
THIRD PARTY RESOURCES
The Site and the Service may 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 Company. 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 Company 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 Company 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 Company.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Retreat Directory Solutions LLC
6564 Loisdale Court, Suite 600
Springfield, VA 22150
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.
Updated: March 2023