Welcome to Lotus Rising Retreats! Our Terms of Service are here to help ensure a smooth and enjoyable experience for everyone, outlining the simple guidelines and mutual responsibilities that keep our retreats harmonious and fulfilling for all participants.
Lotus Rising Retreats Terms of Service & Agreement
Please read the following terms of service agreement carefully. by booking our retreat services, you hereby agree to be bound by the terms and all terms incorporated herein by reference. it is the responsibility of you, the user, customer, or prospective customer to read the terms and conditions before proceeding to use this site. if you do not expressly agree to all of the terms and conditions, then please do not access or use our sites or our services. This terms of service agreement is effective as of 01/01/2024.
Acceptance of Terms
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Lotus Rising Retreats, also known as Lotus Rising Retreats in association with the use of the Lotus Rising Retreats website, which includes https://lotusrisingretreats.com, (the “Site”) and its Services, which shall be defined below.
Booking Retreat Services
Bookings are accepted by phone, website or email. You must make payment for your arrangements in accordance with the instructions we give you. To reserve your place, a NON-REFUNDABLE deposit must be paid at the time of booking. The full balance must also be received prior to any date we may specify. If we do not receive any payment due in full and on time, we reserve the right to treat your booking as canceled by you in which case the cancellation charges set out below will become payable. We reserve the right to refuse a booking without giving any reason and shall in that event return any deposit received. If you make a booking for someone other than yourself, you are required to share these Terms with all other guests.
Air Travel is not included in the price of the Retreat and cancellation charges for Air Travel will be governed by the terms and conditions of the airline. Participants must NOT purchase air travel tickets to or from the destination until notified by Lotus Rising Retreats. If participants purchase air travel before confirmation is received and the retreat is then canceled either by the guest or by us, we will not be responsible for the expense of the ticket.
Please ensure you check all details of your confirmation Invoice and all other documentation (including airline tickets) immediately on receipt. Please inform us immediately if anything appears to be incorrect. We cannot accept any liability if we are not notified of any inaccuracies in any documentation within 7 days of our sending it to you.
Occupancy Rates
Participants are registered and priced at double occupancy by default, unless otherwise noted on their registration form. If you are traveling solo and would like us to pair you with a roommate, please let us know and we will be happy to assist you. Not all rooms have private bathrooms and pricing is based on room type within the retreat. Lotus Rising Retreats makes all reasonable efforts to accommodate occupancy requests, but cannot be responsible if requests are not available. If the hotel charges an additional fee for special occupancy requests the guest will be solely responsible for that fee.
What’s Included in the Retreat
No Stress Travel – At Lotus Rising Retreats, we think of all the details so you don’t have to. We’ve researched the best locations, adventures and experiences, so come ready to adventure and we’ll do the rest! Please see your individual itinerary for all the items included in your retreat.
What’s Not Included in the Lotus Rising Retreats
Any items and matters not referred to in your itinerary, including, airfare, air-related taxes, and fees; additional fees charged by airlines such as checked and/or excess baggage, seat selections and any other services; passport and visa fees; insurances of all kinds; laundry; phone calls; minibar; beverages and meals not detailed in the itinerary; Optional Experiences; and all items of a personal nature. Additional taxes and surcharges may be collected by foreign governmental and non-governmental entities. The price does not cover costs and expenses, including your return home, if you leave the guided holiday/vacation whether of your own volition, our decision based on behavior that disrupts the trip, due to illness, action by any government or other reason. This list is illustrative and not a complete list of every item not included.
Cancellation by Registrant
Return of monies paid to Lotus Rising Retreats will be refundable for individual cancellations per the cancellation table below, less any non-refundable payments/deposits/fees made by Lotus Rising Retreats to secure hotel accommodations, meals, tickets, admission tickets to attractions, transportation, etc. Also deducted from the net refundable amount will be payment processing fees (3% for credit card purchases) and any adjustments for room rate changes created by the cancellation (i.e., double to single). NO REFUNDS, for any reason, will be paid for individual cancellations received 60 days or less from the original departure date. In the event that you initiate an improper credit card chargeback, we reserve the right to commence legal action against you and recover our costs and expenses, including legal fees.
- Cancellations made 60 days or more before the scheduled event date: Full refund of the reservation deposit and any other payments if paid.
- Cancellations made within 30 and 59 days of the scheduled event date: Reservation deposit and any other payments paid will be refunded as credit towards a future event.
- Cancellations made within 15 and 29 days of the scheduled event date: No refund of the reservation deposit and any other payments made.
- 20% fee for bookings that are transferred to another person or event
Cancellation or Rescheduling by One of Our Suppliers
In the event one of our suppliers chooses to change the departure date, the standard cancellation charges remain effective for the original departure date. Cancellation of an event or activity without Our consent is subject to standard cancellation charges.
Cancellation or Rescheduling by Lotus Rising Retreats
Lotus Rising Retreats reserves the right to cancel any tour at its sole discretion. In the unlikely event a tour is canceled by us and we are unable to reschedule, all funds collected from any participant will be promptly refunded in full. Money is refunded to the original payer.
Changes in Itinerary
Lotus Rising Retreats reserve the right to make additions and deletions as believed advisable or necessary for the well-being of the group in their sole discretion. Tour Guides are not employees of Lotus Rising Retreats.
Force Majeure
Lotus Rising Retreats assumes no liability for, any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by Lotus Rising Retreats that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the circumstances amounting to Force Majeure, we will not be required to refund any money to you, although if we can recover any monies from our Suppliers, we will refund these to you without any charge by Lotus Rising Retreats.
Agreement & Release from Liability
Lotus Rising Retreats, its owners, directors, officers, employees and affiliates, (collectively “LRR”), does not own or operate any entity which is to or does provide goods or services for your trip including, for example, ownership or control over other hotels or lodging facilities, airline, vessel or other transportation companies, local ground operators, providers or organizers of optional excursions food service or entertainment providers, etc. All such persons and entities are independent contractors. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier. As a result, LRR is not liable for any negligent or willful act or failure to act of any such person or entity, or of any other third party. In all cases, without limitation, including lodges, vehicles and activities directly owned or operated by LRR, LRR is not responsible for any injury, loss, or damage to person or property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of God, acts of government, force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, or the threat thereof, overbooking or downgrading of accommodations at non-owned properties, structural or other defective conditions in non-owned hotels or other lodging facilities, mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely or safety, dangers associated with or bites from animals, pests or insects, marine life or vegetation of any sort, illness or death resulting from high altitude, dangers incident to recreational activities such as, hiking, rock climbing, etc., sanitation problems, food poisoning, lack of access to or quality of medical care, difficulty in evacuation, in case of a medical or other emergency, illness, epidemics or the threat thereof or for any other cause beyond the direct control of LRR. I am aware that adventure travel such as that I am undertaking involves hazardous activities, in remote areas, with a risk of illness, injury or death which may be caused by forces of nature, altitude, animals, insects or flora, the negligence of persons and companies known or unknown, or of willful or criminal conduct of third parties. I am aware that weather conditions may be severe, adverse and/or unpleasant. I am also aware that medical services or facilities may not be readily available or accessible during some or all of the time during which I am participating on the trip. I hereby accept and assume full responsibility for any and all risks of illness, injury or death and agree to hold harmless and release LRR from claims of negligence, whether by LRR or a third party.
I acknowledge that I have voluntarily applied to participate in this trip and to stay at the provided accommodations. I have carefully read this Release and fully understand its contents. This release of liability and assumption of risk agreement is entered into on behalf of you and all members of your family and party, also including minors. This agreement also binds your heirs, legal representatives, and assigns.
Express Assumption of Risk Associated with Sport, Venue Use and Related Activities.
By agreeing to these terms and conditions I do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with Lotus Rising Retreats, transportation of equipment related to the activities, and traveling to and from activity sites in which I am about to engage. Inherent hazards and risks include but are not limited to:
1. The risk of injury from the activity and equipment utilized is significant including the potential for broken bones, severe injuries to the head, neck, and back or other bodily injuries that may result in permanent disability and death.
2. Possible equipment failure and/or malfunction or misuse of my own or others’ equipment.
3. I agree that I will wear approved protective gear as decreed by the governing body of the sport I am participating in. however, protective gear cannot guarantee the participant’s safety. I further agree that no helmet can protect the wearer against all potential head injuries or prevent injury to the wearer’s face, neck or spinal cord.
4. Variation and/or steepness of terrain, variation or changes in surfaces including but not limited to snow surfaces, ice, bare spots, rocks, stumps, debris, cliffs, trees, fences, posts, trees, light poles, signs, buildings, roads, walkways, ramps, rails, stairs, pyramids, manual pads, bowls, half-pipes, jumps, padded and nonpadded barriers, other persons, and other natural and man-made hazards.
5. My own negligence and/or the negligence of others including Lotus Rising Retreats, its employees, tour guides, subcontractors, shareholders, subsidiaries, affiliates, officers, directors, successors, agents, and assigns (collectively LRR)., including but not limited to operator error and guide decision making including misjudging terrain, weather, riding surfaces or other obstacles.
6. Exposure to the elements and temperature extremes may result if frostnip, frostbite, heat exhaustion, heatstroke, sunburn, hypothermia, and dehydration.
7. Dangers associated with exposure to natural elements include but are not limited to avalanche, rockfall, inclement weather, thunder and lightning, severe and or varied wind, temperature and other weather conditions.
8. Accidents or illness occurring in remote places where there are no available medical facilities.
9. Fatigue, exhaustion, chill, and/or dizziness, which may diminish my/our reaction time and increase the risk of an accident.
10. Impact or collision with other athletes, spectators, facility employees, pedestrians, motor vehicles, and cyclists.
I understand the description of these risks is not complete and unknown or unanticipated risks may result in injury, illness, or death.
Medical Release
I understand that LRR has no responsibility to provide medical care to participants, and has made no offer or promise to do so. I authorize LRR to obtain medical care on my behalf and/or to transport me to a medical facility, if necessary, and I hereby release LRR from any and all liability arising from its obtaining medical care on my behalf or transporting me to a medical facility. I further agree to pay all costs associated with such care or transportation. Without limiting any of the foregoing, I expressly waive any claim that I or anyone on my behalf may bring against LRR with regard to medical care and the provision or failure to provide such care.
Release of Liability, Waiver of Claims and Indemnity Agreement
In consideration of being permitted to participate in the above-described activity(ies) and related activities, I hereby agree, acknowledge and agree that:
1. I hereby release and hold harmless with respect to any and all injury, disability, death, or loss or damage to person or property, whether caused by negligence or otherwise Lotus Rising Retreats, its employees, tour guides, subcontractors, shareholders, subsidiaries, affiliates, officers, directors, successors, agents, and assigns (collectively “LRR”), herein referred to as releases.
2. To release the releasees, their officers, directors, employees, representatives, agents, and volunteers from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releasees or otherwise. I agree to hold the releases harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of my engaging in the above activities.
3. By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releasees, other than what is set forth in this Agreement.
4. This agreement shall apply to any and all injury, disability, death, or loss or damage to person or property occurring at any time after the execution of this agreement.
I agree that this release shall be legally binding upon me personally, all members of my family and all minors traveling with me, my and their heirs, successors, assigns, and legal representatives, it being my intention fully to assume all the risks associated with this trip and to release LRR from any and all liabilities to the maximum extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable.
I have read this release of liability and assumption of risk agreement, I fully understand its terms, I understand that I have given up legal rights by agreeing to it, and do so freely and voluntarily without any inducement.
Your Conduct
Each participant is expected to act responsibly and adhere to all behavior guidelines established by Lotus Rising Retreats and our local suppliers We and our local suppliers reserve the right to remove you from any trip if you endanger yourself or others or disrupt the general well-being of the trip itself. In any such case, there will be no refund.
When you book with us, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid direct at the time to the accommodation owner or manager or other supplier. You must indemnify us for the full amount of any claim (also including legal costs) made against us. Lotus Rising Retreats is not responsible for any costs incurred concerning a guest removed from a retreat.
Guests agree not to hold Lotus Rising Retreats or any of its related entities liable for any actions taken under these terms and conditions.
Baggage and personal effects are at all times the sole responsibility of the participant.
Travel Advisories/ Warnings & Your Responsibility
By offering reservations for travel in particular international destinations, Lotus Rising Retreats does not represent or warrant that travel to such areas is advisable or without risk. It is the responsibility of the traveler to become informed about the most current travel information. Participants can view advisories and warnings by referring both to the U. S. State Department’s travel website at www.travel.state.gov. and by accessing the Centers for Disease Control (CDC) website at https://wwwnc.cdc.gov/travel/notices. Should you choose to travel to a country that has been issued a travel warning or advisory, the traveler assumes all risk of personal injury, death or property damage that may arise out of or which relates to the type of events warned against.
COVID-19
The safety of our employees, supplier partners, customers, families and guests remain our overriding priority. As COVID-19 continues to evolve and spreads globally, we are monitoring the situation closely and will periodically update company guidance based on current recommendations from the Centers for Disease Control and Prevention, World Health Organization, and any local Jurisdiction Having Authority. In order to participate in our trips, all guests must complete this Waiver and agree to our testing policy.
Assumption of Risk
I expressly acknowledge that naturally occurring diseases and viruses (including, but not limited to, the currently widespread COVID-19) may be present and actively occurring in all environments in which this tour will take place. I acknowledge the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact (however the exact method of spread remains unknown). I also understand that if I am older or have underlying conditions, I may be more prone to serious infection and death due to COVID-19. As a result of the highly infectious nature of this disease, federal, state, and local governments and federal and state health agencies recommend social distancing, wearing of PPE (including masks), and have, in many locations, prohibited the congregation of groups of people.
I acknowledge that, Lotus Rising Retreats, its agents, owners, officers, employees, and suppliers, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively “The Company”), has taken steps to mitigate the potential for transmittal of, and exposure to COVID 19 during the tour, but that exposure to such viruses or disease is an inherent risk of participating in the tour, one that cannot be eliminated by The Company.
By signing this agreement, I acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for myself and any minors traveling with me, that I or they may be exposed to or infected by COVID-19 by participating in the tour and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 while on the tour, may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Company employees, agents, suppliers, and other participants in the tour. I understand the description of the risks due to COVID-19 is not complete and that unknown or unanticipated risks may result in injury, illness, death or any other loss. I agree that having considered these risks, I, for myself and any minors traveling with me, desire to participate in the tour and I freely and voluntarily assume complete personal responsibility for the risk of exposure, illness and death due to COVID-19, for myself and any minors traveling with me, even if such injuries or death occur in a manner that is not foreseeable at the time this agreement is signed.
Waiver
I, for myself, and any minors traveling with me, and on behalf of my and their heirs, assigns, personal representatives and next of kin, hereby release, indemnify, and hold harmless The Company, its officers, agents, and/or employees, suppliers, and other participants (releasees), from any and all claims, demands, losses, and liability arising out of or related to any injury, disability, death or any other loss I may suffer due to exposure, infection, or spread of COVID-19, whether arising from the negligence of the releasees or otherwise, to the fullest extent permitted by law.
I have read this release of liability and assumption of risk agreement, fully understand its terms, understand that I have given up substantial rights by signing it, and sign it freely and voluntarily without any inducement.
I agree that if any portion is found to be void or unenforceable, the remaining portions shall remain in full force and effect. No additions, deletions or changes can be made to the release form, and signing it is a requirement for joining the trip.
Pre-existing Medical Conditions/ Persons with Disabilities
The nature of many of the destinations we travel to means that in some cases they may be unsuitable for those who use a wheelchair or have a lack of mobility. However, we will be delighted to discuss the possibility of making reasonable accommodation requests.
It is essential that you advise us before booking if you do have any disability or pre-existing medical condition which may affect your trip, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. Full details must be confirmed in writing at the time of booking and whenever any change in the condition or disability occurs. Lotus Rising Retreats will make all reasonable efforts to accommodate requests, but cannot be responsible if ADA accommodations are not available. Any accommodations provided will be at the sole expense of the guest requiring the accommodation. Please note that accommodations outside of the USA may not be in compliance with the Americans with Disabilities Act and may not have wheelchair accessibility.
On our tailor-made tours and escorted group tours the guides and tour leaders are, unfortunately, unable to offer additional assistance to passengers with limited mobility and all such assistance will need to be provided by whoever the passenger is traveling with. Participants with disabilities must notify Lotus Rising Retreats in writing no later than the time of booking of status and of the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance. We may request that you provide a letter from your doctor confirming your fitness to travel.
Special Dietary Requirements
For safety and liability reasons, Lotus Rising Retreats and its representatives cannot be responsible for directly accommodating any food allergies, or dietary requirements and restrictions, and is not responsible for any issues or problems associated with the same. All scenarios and special dietary requests regarding food and drink, including allergies, or dietary requirements and restrictions, are the sole responsibility of the participant. While most meal establishments can offer general options, Lotus Rising Retreats cannot guarantee that options will be available. Just in case, we recommend packing extra food/snacks if accommodations cannot be met. Should a group member have special dietary requirements, that group member shall be solely responsible for any additional expense to their meal plan.
Video/ Photographic Likeness
Any photographic, film, video likeness or audio recordings of participants while on tour may be edited and used by Lotus Rising Retreats in future marketing campaigns and on the Lotus Rising Retreats website without any notification or compensation to the participant. The participant hereby agrees that these photos and/or videos become the property of Lotus Rising Retreats and will not be returned. The participant authorizes Lotus Rising Retreats to use, edit, copy, publish or exhibit any photo or video for any lawful purpose. The participant waives the right to review any photo or video or to obtain royalties from the photo or video.
Brochure Printing Disclaimer
Lotus Rising Retreats is not responsible for any typographic or printing error in any brochure, itinerary, confirmation, or related material.
Description of Website Services Offered
The Site is an e-commerce website which has the following description: To provide health coaching information and services.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a “member.”
The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Lotus Rising Retreats. At its discretion, Lotus Rising Retreats may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Lotus Rising Retreats does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end-user and/or member, acknowledge, accept and agree that Lotus Rising Retreats shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Lotus Rising Retreats shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
Registration
To register and become a “member” of the Site, you must be at least 18 years of age and have the capacity to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving Lotus Rising Retreats’s Services under the laws and statutes of the United States or other applicable jurisdiction.
When you register, Lotus Rising Retreats may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with Lotus Rising Retreats and sign in to our Services, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
1. Furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
2. Maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Lotus Rising Retreats will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Lotus Rising Retreats Services, or any portion thereof.
Member Account, Username, Password & Security
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify Lotus Rising Retreats immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Lotus Rising Retreats shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
Commercial Reuse of Services
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Lotus Rising Retreats’s sites.
Modifications
Lotus Rising Retreats shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
Termination
As a member of https://lotusrisingretreats.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to events@lotusrisingretreats.com.
As a member, you agree that Lotus Rising Retreats may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
1. Any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
2. By way of requests from law enforcement or any other governmental agencies;
3. The discontinuance, alteration and/or material modification to our Services, or any part thereof;
4. Unexpected technical or security issues and/or problems;
5. Any extended periods of inactivity;
6. Any engagement by you in any fraudulent or illegal activities; and/or
7. The nonpayment of any associated fees that may be owed by you in connection with your https://lotusrisingretreats.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account with https://lotusrisingretreats.com shall include any and/or all of the following:
1. The removal of any access to all or part of the Services offered within https://lotusrisingretreats.com;
2. The deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
3. The barring of any further use of all or part of our Services.
Advertisers
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Lotus Rising Retreats shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Links
Lotus Rising Retreats may provide links to other websites and/or resources. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that Lotus Rising Retreats shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
Warranty Disclaimers
You herein expressly acknowledge and agree that:
1. The use of Lotus Rising Retreats services and software are at the sole risk by you. our services and software shall be provided on an “as is” and/or “as available” basis. Lotus Rising Retreats and our subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim any and all warranties of any kind whether expressed or implied, including, but not limited to any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
2. Lotus Rising Retreats and our subsidiaries, officers, employees, agents, partners and licensors make no such warranties that (I) Lotus Rising Retreats services or software will meet your requirements; (ii) Lotus Rising Retreats services or software shall be uninterrupted, timely, secure or error-free; (iii) that such results which may be obtained from the use of the Lotus Rising Retreats services or software will be accurate or reliable; (iv) quality of any products, services, any information or other material which may be purchased or obtained by you through our services or software will meet your expectations; and (v) that any such errors contained in the software shall be corrected.
3. Any information or material downloaded or otherwise obtained by way of Lotus Rising Retreats services or software shall be accessed by your sole discretion and sole risk, and as such you shall be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer and/or internet access, downloading and/or displaying, or for any loss of data that could result from the download of any such information or material.
4. No advice and/or information, despite whether written or oral, that may be obtained by you from Lotus Rising Retreats or by way of or from our services or software shall create any warranty not expressly stated in the TOS.
5. A small percentage of some users may experience some degree of epileptic seizure when exposed to certain light patterns or backgrounds that may be contained on a computer screen or while using our services. certain conditions may induce a previously unknown condition or undetected epileptic symptom in users who have shown no history of any prior seizure or epilepsy. should you, anyone you know or anyone in your family have an epileptic condition, please consult a physician if you experience any of the following symptoms while using our services: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
Limitation of Liability
You explicitly acknowledge, understand and agree that Lotus Rising Retreats and our subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages which may be related to the loss of any profits, goodwill, use, data and/or other intangible losses, even though we may have been advised of such possibility that said damages may occur, and result from:
1. The use or inability to use our service;
2. The cost of procuring substitute goods and services;
3. Unauthorized access to or the alteration of your transmissions and/or data;
4. Statements or conduct of any such third party on our service;
5. And any other matter which may be related to our service.
Trademark Information
You herein acknowledge, understand and agree that all of the Lotus Rising Retreats trademarks, copyright, trade name, service marks, and other Lotus Rising Retreats logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Lotus Rising Retreats. You herein agree not to display and/or use in any manner the Lotus Rising Retreats logo or marks without obtaining Lotus Rising Retreats’ prior written consent.
Copyright or Intellectual Property Infringement Claims Notice & Procedures
Lotus Rising Retreats will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Lotus Rising Retreats may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
1. The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
3. A description of the location of the site which you allege has been infringing upon your work;
4. Your physical address, telephone number, and email address;
5. A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
6 And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Lotus Rising Retreats Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Lotus Rising Retreats
Attn: Copyright Agent
Telephone: (808) 400-4560
Email: events@lotusrisingretreats.com
General Information
Entire Agreement
This TOS constitutes the entire agreement between you and Lotus Rising Retreats and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Lotus Rising Retreats Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Lotus Rising Retreats Services, affiliate Services, third-party content or third-party software.
Choice of Law & Forum
It is at the mutual agreement of both you and Lotus Rising Retreats with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Hawaii without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Lotus Rising Retreats, shall be filed within the courts having jurisdiction within the County of Honolulu, Hawaii or the U.S. District Court located in said state. You and Lotus Rising Retreats agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. All guest claims must be submitted in writing and received by Lotus Rising Retreats no later than sixty (60) days after the completion of the Lotus Rising Retreat. Guest claims not submitted and received within this time shall be deemed waived and barred.
Waver & Severability of Terms
At any time, should Lotus Rising Retreats fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship Non-Transferability
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statue of Limitations
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 60 days after said claim or cause of action arose or shall be forever barred.
Contact Information
Mailing Address: 200 N Vineyard Blvd Ste A325, #1224, Honolulu, HI 96817
Telephone: (808) 400-4560
Email: events@lotusrisingretreats.com
Thank You for Visiting lotusrisingretreats.com