Effective Date: August 26, 2016
PLEASE READ THIS AGREEMENT CAREFULLY. THIS IS A BINDING CONTRACT BETWEEN YOU AND SERENE CITY RETREAT LLC
Welcome to SereneBook!
YOUR ACCEPTANCE OF THESE TERMS
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE STOP USING THE PLATFORM IMMEDIATELY, OR IF APPLICABLE, CANCEL YOUR SUBSCRIPTION.
These Terms will continue to apply to you until terminated by either you or us. We may terminate these Terms or suspend your access to the Platform at any time. If we suspend your access to the Platform we shall have no liability or responsibility to you.
WE MAY MODIFY THESE TERMS
From time to time, we may change, update, delete or add to these Terms. Any changes to these Terms will be effective immediately upon posting, and any continued use by you of the Platform after changes have been posted constitutes your acceptance to those changes. It is your responsibility to review these Terms and other applicable policies periodically for changes.
From time to time, we may need to provide you with certain communications, such as announcements and administrative messages. These communications are considered part of our Services, and you may not be able to opt-out from receiving them.
THE SERENEBOOK PLATFORM
SereneBook is a monthly subscription membership that enables subscribers to reserve and schedule a wide range of sessions, appointments and other services (each, an “Appointment”) offered and operated by a range of different holistic health practitioners (“Practitioners”). Through the SereneBook platform you can access third party products and services. SereneBook itself is not a service provider and does not own, operate or control any of the Appointments, products, services or facilities accessible through the Platform.
Each subscriber receives three (3) Appointments per Membership Cycle to be used to visit any Practitioner of their choice available to such subscriber on our Platform, subject to the following restrictions.
Serene reserves the right to change from time to time the number of Appointments a subscriber can take per cycle, membership plan, geography, Practitioner or otherwise. A subscriber may only see each Practitioner one (1) time per cycle. We also may change the number of reservations a subscriber can make and canceled or missed services a subscriber may incur. Please note that Appointments not used during a Membership Cycle are forfeited, and will not be exercisable in the next cycle.
Serene does not guarantee the availability of particular Appointments and/or Practitioners, and availability may change over time, including during the course of any given Membership Cycle. The type, quantity, allocation and availability of Appointments, Practitioners, and other inventory offered are determined by Serene in its sole discretion. As such, Serene takes certain steps to promote and otherwise make available inventory in an ongoing and evolving way.
If you wish to become a SereneBook subscriber, you must sign up and register for an account (“Account”). By creating an Account you opt in to receiving occasional special offer, marketing and communication emails. You may unsubscribe from these emails by following the opt-out instructions in those emails.
In registering and/or creating an Account, YOU SHALL NOT: (a) select or use the email address or user name of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without authorization, (c) use an email address or user name that is profane, offensive or otherwise inappropriate or (d) allow any other party to use your Account and/or password except as set forth herein.
You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your Account. You understand and agree that you shall be liable for all activities that occur under any Account created for your use, even if you did not commit such activities. YOU MAY NOT SHARE OR TRANSFER YOUR ACCOUNT. You may not share, give, sell or otherwise disclose your password and/or username to any other person or entity. You agree to immediately notify Serene by sending an email to email@example.com of any known or suspected unauthorized use(s) of your Account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. Serene is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password, but you will be liable to Serene for any losses incurred due to someone else using your Account.
You agree that Serene, at its sole discretion, with or without prior notice, may freeze or cancel your Account, or your use of or access to the Platform, including without limitation, if Serene believes that you have violated or acted inconsistently with these Terms in any way. If we have reasonable grounds to suspect your Account is fraudulent or inaccurate, we may suspend or terminate your account and refuse any and all current or future use of the Platform without refund to you. In addition, Serene may, in its sole discretion and at any time, modify or discontinue the Platform, or any part thereof, with or without notice. You agree that Serene will not be liable to you or any third party for any interference with or termination of your access to the Platform.
SUBSCRIPTIONS AND BILLING
You may become a subscriber of SereneBook by purchasing a membership subscription (“Membership Subscription”). We reserve the right to modify, terminate or otherwise amend the terms of our offered Membership Subscription. We reserve the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes to your membership will take effect on your next billing cycle upon notice communicated through a posting on the Platform, or such other means as we may deem appropriate from time to time, such as email.
Your SereneBook Membership Subscription is personal to you and you agree not to create more than one Account. Subscribers cannot transfer or gift Appointment(s) to third parties, including other SereneBook subscribers. SereneBook may not be used for commercial purposes.
The availability of all or part of the Platform may be limited based on geographic, age, or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to SereneBook or may terminate your subscription at any time based on these criteria. For example, you must be 18 years of age or older to use the Platform and to purchase a membership.
If you are using or opening an account on behalf of a company, entity, or organization (“Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization.
Membership Cycles/ Automatic Renewal
Your SereneBook membership starts on the date that you sign up for a subscription and submit payment via a valid Payment Method. Unless we otherwise communicate a different time period to you at the time of sign up, each SereneBook cycle is one month in length (“Membership Cycle”), and will automatically renew each month until your membership is cancelled or terminated. You must provide us with a current, valid, accepted method of payment (which we may update from time to time, “Payment Method”). We will automatically bill the monthly membership fee (“Subscription Fee”) to your Payment Method each month until your subscription is cancelled or terminated.
You must cancel your Membership Subscription prior to the end of the then current Membership Cycle in order to avoid billing of the next month’s Subscription Fee. At the time of renewal, your credit card will be charged our then-current Subscription Fee, provided that if the Subscription Fee has changed, we will notify you at your designated email address at least fourteen (14) days prior to renewal so that you have an opportunity to elect not to renew. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled.
By purchasing a Membership, you authorize Serene or its designated payment processor to charge the applicable Subscription Fee to your Payment Method for the initial membership period and a recurring monthly Subscription Fee at the then current rate, which may change from time to time. You acknowledge that the amount billed each month may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. You also authorize us to charge you any other fees you may incur in connection with your use of the Platform. You may edit your Payment Method information by logging online and editing it under “My Account” and then “Settings”. If a payment is not successfully settled, due to expiration, insufficient funds or otherwise, and you do not edit your Payment Method information or cancel your Account, you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated, including in the event you attempt to create a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to the Platform or any portion thereof.
Your Membership Subscription may be deactivated or cancelled without notice to you if payment for your Membership Subscription is past due, or if your Payment Method is declined or denied for any reason. If your Payment Method is declined or denied for any reason, we will deactivate your Membership Subscription and send you a notification email regarding such problem with processing your payment. We will try Payment Method every six (6) days and after five (5) failed attempts, we will cancel your Membership Subscription, and you will need to re-subscribe. Suspended or terminated members remain obligated to pay Serene for all unpaid fees.
Cancellation or Termination; Refunds
Following any cancellation you will continue to have access to your Membership Subscription through the end of your current Membership Cycle, unless you cancel and receive a refund, in which case your access will be terminated immediately.
You may cancel your Membership Subscription at any time. Following any cancellation you will continue to have access to your subscription through the end of your current Membership Cycle, unless you cancel and receive a refund, in which case your access will be terminated immediately. Unless otherwise specifically agreed by us in writing, all fees paid and charges made prior to cancelling your Membership Subscription are nonrefundable, and WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP CYCLES OR UNUSED APPOINTMENTS. Cancellation of your Membership Subscription does not relieve you of any obligations to pay accrued charges. Membership must be canceled prior to the renewal date in order to end membership charges.
In addition to fees we charge, some of the Practitioners may also charge fees that you will be responsible for directly.
You are also responsible for all third party charges and fees associated with connecting and using the Platform, including fees such as Internet service provider fees, telephone and computer equipment charges, sales tax and any other fees necessary to access the Platform.
DISCLAIMERS; NO WARRANTIES
SERENE DOES NOT PROVIDE WELLNESS SERVICES. SERENE OFFERS INFORMATION AND A METHOD TO OBTAIN PRACTIONER PRODUCTS AND SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE PRACTIONER PRODUCTS OR SERVICES OR ACT IN ANY WAY AS A PRACTITIONER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY PRACTITIONER. APPOINTMENTS, ACTIVITIES, AND OTHER NON-SERENE PRODUCTS AND SERVICES OFFERED VIA THE PLATFORM ARE OFFERED AND PROVIDED BY THIRD PARTIES (AND THE DESCRIPTIONS OF THE FOREGOING POSTED ON THE PLATFORM ARE PROVIDED BY SUCH THIRD PARTIES), NOT SERENE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOUR ATTENDANCE AT AND PARTICIPATION IN THESE APPOINTMENTS, ACTIVITIES, AND YOUR USE OF THESE NON-SERENE PRODUCTS AND SERVICES ARE SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL SERENE BE LIABLE FOR ANY ACT, ERROR OR OMISSION BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH A USER’S ATTENDANCE, USE OF OR PARTICIPATION IN AN APPOINTMENT, SERVICE, OR PRODUCT MADE THROUGH THE PLATFORM, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY PROVIDER IN CONNECTION WITH THE SERVICES. SERENE IS NOT AN AGENT OF ANY THIRD PARTY PROVIDER.
THE PLATFORM AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SERENE, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND PARTNERS, DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
WITHOUT LIMITING THE FOREGOING, SERENE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE PLATFORM AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLATFORM OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) REGARDING THE USE OF THE PLATFORM AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLATFORM IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE PLATFORM IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SET FORTH IN THESE TERMS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
WE DO NOT PROVIDE MEDICAL ADVICE.
Each month, you will have the option to set an intention so that we are better able to curate a list of suggested Appointment types to help you accomplish your goals. Additionally, to help you find Practitioners who may be suitable for your needs, we may provide you with lists and/or profiles of Practitioners (collectively, “Suggestions”). These results are based on information that you provide to us, such as geographical location and specialty need. They may also be based on other criteria (including, for example, Practitioner availability, past selections by and/or ratings of Practitioners by you or by other users, and past experience users.
YOU ACKNOWLEDGE AND UNDERSTAND THAT THE SERVICES AND CONTENT AVAILABLE ON OR THROUGH THE PLATFORM, INCLUDING THE SUGGESTIONS, ARE INFORMATIONAL AND EDUCATIONAL RESOURCES, AND ARE NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER, UNDER ANY CIRCUMSTANCE. DO NOT USE THE PLATFORM FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND 911. YOUR USE OF THE PLATFORM IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE PLATFORM IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE.
The Content that you obtain or receive from Serene, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Platform, is for informational, scheduling and payment purposes only. All medically related information comes from independent professionals and organizations and is for informational purposes only. You acknowledge that although some Content may be provided by healthcare professionals, the provision of such Content does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but is provided to assist you in choosing a Practitioner.
We do not recommend or endorse any specific Practitioners, procedures, opinions, or other information that may appear through the Platform. Serene does not make any representations or warranties with respect to any Practitioner or the quality of their services, or provide any advice or qualification certification about any particular Practitioner. If you rely on any Content or User Content you do so solely at your own risk. We encourage you to independently confirm any Content or User Content relevant to you with other sources.
The procedures, products, and services discussed and/or marketed through the Platform are not applicable to all individuals. Any procedures, products, or services represented through the Platform are presented for your awareness and do not necessarily imply, and we make no claims as to, safety or appropriateness for any particular individual or prediction of effectiveness, outcome or success.
Personal Responsibilities; Health and Safety; No Guarantees
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE CONTENT AND TO ENSURE THAT PRACTITIONERS AVAILABLE ON THE PLATFORM HOLD ALL ACTIVE LICENSES AND QUALIFICATIONS REQUIRED BY LAW TO PRACTICE THE SPECIALTIES OF THE SERVICES OFFERED BY THEM, WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, INSURANCE COVERAGE OR BENEFIT INFORMATION, OR ANY OTHER CONTENT AVAILABLE THROUGH THE PLATFORM. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY PRACTITIONER (INDIVIDUAL OR ENTITY) LISTED OR ACCESSIBLE THROUGH THE PLATFORM. WE MAKE NO GUARANTEES AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THE PLATFORM, AND SERENE IS NOT RESPONSIBLE FOR LIABLE FOR ANY ERRORS OR OMISSIONS IN OR FOR THE RESULTS OBTAINED FROM THE USE OF ANY SUCH INFORMATION OR CONTENT.
Before booking any Appointments or other services that may be described and/or made accessible in or through the Platform, we strongly recommend that you consult with a physician or other healthcare provider. You are responsible for determining your physical and mental limits and the application of any information, or any other course of action recommended or discussed on the Platform. By using the Platform, you represent that you understand that the activities you may participate in during any Appointment carry the risk of injury whether physical or mental, or even death. It is your responsibly to ensure that you will not exceed your limits while performing such activities and you will select the appropriate Appointments and services for any mental or physical conditions and or limitations you have. Nothing contained on or through the Platform should be construed as any form of such medical advice or diagnosis. Serene does not make any guarantees regarding improvements of physical or mental health or conditions in connection with your use of the Platform.
THIRD PARTY INTERACTION AND ADDITIONAL TERMS AND WAIVERS
When you attend an Appointment, you are deemed to agree to the liability waivers of individual Practitioners. Your participation in any Appointment or service may be subject to addition policies, rules or conditions of the applicable Practitioner and you understand and agree that you may not be permitted to reserve or attend Appointments or services if you do not comply with these Terms or the policies of the Practitioner. If you have questions about a Practitioner waiver or other terms, please contact the Practitioner directly.
PROHIBITED USES AND PROHIBITED CONDUCT
As a condition of your use of and access to the Platform, you agree not to use the Platform for any purpose that is unlawful or prohibited by these Terms. You may not use the Platform in any manner that could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Platform. You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Platform, including without limitation, any features that prevent or restrict use or copying of any content accessible through the Platform, or any features that enforce limitations on the use of the Platform or the content therein. You may not attempt to gain unauthorized access to the Platform, or any portion thereof, other accounts, computer systems or networks connected to the Platform, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform. You agree neither to modify the Platform in any manner or form, including (without limitation) for the purpose of obtaining unauthorized access to the Platform. You agree that you will not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform.
You further agree not to:
- Harass, threaten, disrupt or defraud other SereneBook users, subscribers or staff, or Practitioners or otherwise create or contribute to an unsafe, harassing,
threatening or disruptive environment;
- Permit anyone to use any Appointments booked under your own membership, including other members
- Impersonate another person or access another user’s account;
- Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights;
- Make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users
Content You Post Or Submit
The Platform may provide certain features which enable you and other users to submit feedback, to participate in the other interactive or community features of the Platform and/or to otherwise submit, post, and share content, which may include without limitation text, graphic and pictorial works, or any other content submitted by you and other users through the Platform (the “User Content”). You agree not to post or submit any User Content that violates these Terms or any law or any third party rights.
You represent and warrant that your User Content:
- Will not defame, harass, harm or threaten any users or any other third party
- Will not advocate or incite any illegal activity.
- Will not contain any false, inaccurate or misleading information, materials or links to websites
- Will not contain any materials, information, or links to websites that infringe or violate the rights of any third party including without limitation any third party’s copyright, patent, trademark, trade secret, rights of publicity, rights of privacy, or that violate any other laws or regulations
- Will not contain any private information of any third parties
- Will not contain any viruses, Trojan horses or other harmful code or programs that may damage the operations of any system or unlawfully intercept data or personal information
- Will not impersonate another person or entity or falsely claim an affiliation with any person or entity
- Will not advertise, solicit or attempt to sell any products or services or attempt to use the Platform for any commercial purpose or make available any unsolicited or unauthorized advertising or promotional materials. You shall not collect, attempt to collect or store any personal information of others through the Platform.
By submitting User Content through the Platform, you grant us an irrevocable, worldwide, perpetual, non-excusive, royalty free, freely transferrable, sub-licensable, worldwide license to use, reproduce, copy, sell, publically display, transmit, publically perform, create derivative works of, reformat, and distribute your User Content for any purpose and in any media without compensation to or consent from you. You understand and agree that User Content may be made public without any additional notice to or consent by you and you should assume that any person (whether or not a user of SereneBook’s platform) may read your User Content.
We are not liable for the contents of any User Content made available through the Platform and have no responsibility to monitor or evaluate the User Content. You understand that by visiting or using the Platform, you may be exposed to content that you may consider to be offensive, indecent or objectionable. You understand that you may be exposed to User Content from a variety of sources and that Serene does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. We do not intend to create or imply any endorsement of any of the User Content nor do we verify or vouch for such content. Under no circumstances will we be liable in any way for any User Content including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available on the Platform. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST SERENE WITH RESPECT THERETO.
Serene makes no representations that it will publish or make available on the Platform any User Content. Serene may, but is not obligated to, monitor and edit or remove any activity or content, including but not limited to content that Serene determines in its sole discretion to violate the standards of the Platform. Serene reserves the right, in its sole discretion, to refuse to allow any User Content on the Platform, or to remove any User Content at any time with or without notice.
Serene does not guarantee any anonymity or confidentiality with respect to any User Content, and strongly recommends that you think carefully about what you upload to the Platform. You understand and agree that some or all User Content is or may be made public without any additional notice to or consent by you and you should assume that any person may read your User Content. Serene is not responsible for the use or disclosure of any information that you disclose in connection with User Content, including any personal information.
You are solely responsible for your own User Content and the consequences of posting or publishing them. In connection with User Content, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Serene to use all patent, trademark, copyright, or other proprietary rights in and to your User Content to enable inclusion and use of your User Content in the manner contemplated by Serene and these Terms, and to grant the rights and license set forth above, and (ii) your User Content, and/or Serene’s use of such User Content pursuant to these Terms, and Serene’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) contain any material that is illegal, threatening, obscene, racist, defamatory, libelous, hateful, pornographic, purposely false or otherwise injurious to third parties, promotional in nature, promotes any illegal activity or harm to groups or individuals, or consists of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice or false advertising; (c) violate these Terms or any applicable law or regulation; or (d) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others.
If you provide Serene with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Platform (“Feedback”), Serene shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Platform without further consent from or compensation to you. You hereby grant Serene a perpetual, irrevocable, nonexclusive license (with right to sublicense) under all rights necessary to incorporate and use your Feedback for any purpose.
The Serene Platform is owned and operated by Serene. Except for your User Content, all content and materials on the Platform including without limitation all text, designs, graphics, logos, page headers, button icons, scripts, information, opinions, service names, service marks, domain names, technical documentation, product information, visual interfaces, images, photographs, trademarks, sounds, music, videos, applications, software and artwork (collectively, “Content“), and including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement thereof, contained on the Platform is owned by us, controlled by us, or licensed to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. All intellectual property not owned by us that appears on the Platform s the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Serene and the respective intellectual property owners retains ownership of all right, title and interest in the Platform and all Content.
You are granted a limited, revocable, non-assignable, right to access the Platform, including the Content, or any portion thereof, only for personal, informational, non-commercial uses. YOU MAY NOT copy, republish, download, upload, post, publically display, transmit, stream, encode, translate, reproduce, create derivative works of, sell, modify, exploit, or distribute in any way, the Platform, the Content (or any portion thereof), in any manner without our (or the applicable Content owner’s) prior express written permission. Nothing on the Platform should be construed as granting, by implication, or otherwise, any license or right to use the Platform or any Content displayed on or available through the Platform, except as expressly provided herein without the prior written permission of Serene. Nothing in these terms should be construed as granting you any ownership rights in the Platform, the Content or any portion thereof. Any unauthorized attempt to use, copy or modify the Content, or to circumvent or defeat any of the security features design to protect the Content, is strictly prohibited, and we enforce our intellectual property rights to the fullest extent permitted by law.
You acknowledge and agree that your affirmative act of using the Platform, creating an Account, and/or by clicking on the button labeled “CONFIRM PURCHASE,” “SUBMIT”, “PLACE MY ORDER”, “I ACCEPT” or such similar links as may be designated by Serene to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act“) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE PLATFORM OFFERED BY SERENE. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
WE MAY SUSPEND OR TERMINATE THE PLATFORM OR YOUR ACCESS
Serene reserves the right in its sole discretion, at any time with or without notice: (i) to add, change, modify, suspend or discontinue (temporarily or permanently) any aspect, feature, policy and/or portion of the Platform or your subscription; (ii) interrupt the operation of the Platform, or any portion thereof, as necessary to perform maintenance, error correction or other changes, (iii) impose limits on any portion of the Platform or restrict your access to portions of or the entire Platform, or (iv) terminate, cancel, deactivate and/or suspend your Account, any orders placed, or your access to or use of the Platform. This includes the right to restrict, deactivate, suspend or terminate your access to the Platform, including deletion of your Account, prior to the end of any pre-paid or committed period. Upon any termination, we may immediately delete your Account and all related information and/or bar any further access to your Account information and the Platform. Upon any such termination by us without cause, as your sole recourse, we will issue you a pro rata refund of the prepaid portion of your subscription applicable to future unused services (less any fees or costs for Appointments, products or services already used).
You understand that if you violate any of these Terms or otherwise engaged in illegal or improper use of your membership or the Platform, you will not be entitled to any refund and you agree that we will not be responsible to pay any such refund and we reserve the right, without limiting any other remedy available in law or equity, to revoke your right to use Platform and to use any technological, legal, operational or other means available to use to enforce the provisions of these Terms, including blocking IP addresses.
You agree that Serene will not be liable to you or any third party for any termination or modification to the Platform regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of the Platform made by us is to cancel or terminate your Account.
LINKS TO OTHER SITES
The Platform may contain links to third-party websites or resources (“Linked Sites”) solely as a convenience to users. Serene is not responsible or liable for the availability or accuracy of Linked Sites, or for the products, services or other content on or available from such Linked Sites. The presence of links to Linked Sites does not imply any endorsement by Serene of such Linked Sites, or the products, services or content available on or from such Linked Sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT SERENE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH LINKED SITES ON THE PLATFORM.
Sometimes promotional plans are offered in conjunction with the provision of third party products and services. We are not responsible for the products and services provided by such third parties, and use of such products and services is at your own risk.
LIMITATION OF LIABILITY
In no event shall Serene or any of its subsidiaries, sponsors or affiliates, together with its respective directors, officers, shareholders, employees and agents be liable for any direct, incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, (i) lost revenues or profits, (ii) loss of business or loss of data, or (iii) loss or damage to any computer, mobile phone or other device that is in any way related to the Platform, or your use of the Platform, including without limitation loss or injury based on errors, omissions, interruptions or other inaccuracies in the Platform. We shall not be liable for your inability to use or access the Platform, or any Content or other materials contained therein, for any computer virus relayed through the Platform, for any delay or malfunction of the Platform, or for any other claim arising out of your use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise, even if Primal Yoga has been advised of the possibility of such damages.
NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OR POSTED ON THE PLATFORM, THE MAXIMUM LIABILITY THAT SERENE SHALL HAVE IS LIMITED TO ANY AMOUNTS YOU ACTUALLY PAID TO SERENE. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THESE TERMS AND CONDITIONS) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE YOU AND US.
THE PLATFORM AND ALL CONTENT CONTAINED ON OR AVAILABLE THROUGH THE PLATFORM, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE PLATFORM, ITS FEATURES AND FUNCTIONS, WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO WARRANTIES WITH RESPECT TO THE PLATFORM, THE CONTENT AND MATERIALS CONTAINED HEREON INCLUDING BUT NOT LIMITED TO NO WARRANTIES REGARDING TITLE, SECURITY, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ALL INFORMATION CONTAINED WITHIN THE PLATFORM IS SUBJECT TO AMENDMENT, REVISION OR UPDATING WITHOUT NOTICE AT ANY TIME. SERENE DOES NOT PROMISE THAT THE PLATFORM, OR ANY PORTION THEREOF, WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE PLATFORM WILL PROVIDE SPECIFIC RESULTS. SERENE DOES NOT ENSURE THAT THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER DESTRUCTUVE FEATURES.YOU ASSUME TOTAL RESPONDIBLITY FOR YOUR USE OF THE PLATFORM AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SERENE FOR DISSATISFACTION WITH THE PLATFORM IS TO STOP USING THE PLATFORM.
Certain jurisdictions prohibit the limitation of liability for certain types of damages, and accordingly, such limitations may not apply to you. In such jurisdictions, Serene’s liability is limited to the greatest extent allowable under applicable law.
No communications of any kind between you and us or our representatives shall constitute a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in these Terms.
WAIVER AND RELEASE
You understand that Serene is not a holistic health practitioner or other service provider and the appointments you make or services you use are operated and delivered by the applicable Practitioner and not by Serene. Although Serene endeavors to offer inventory that is of high quality, Serene is not responsible for the quality of any appointment or service. You understand that there are certain inherent risks and dangers in receiving and/or participation in holistic health services and that the services you may receive offer a range of activity and intensity level. By signing up for a SereneBook membership, you acknowledge and agree, on behalf of yourself, your heirs, personal representatives and/or assigns that you are aware of these risks which include, but are not limited to, property damage, emotional and mental distress, illness and bodily injury or death. You acknowledge that some of these risks cannot be eliminated and you specifically assume the risk of injury or harm. You acknowledge and agree that it is your responsibility to consult with your primary care physician prior to participating and to determine if and how participating in any Appointment or service is appropriate for you. You also understand and agree that the Platform offers health and other information that is designed for informational, educational and entertainment purposes only. The use of any of the information provided on the Platform is solely at your own risk.
Therefore, to the fullest extent permitted by law, you waive, release, indemnify, and hold harmless Serene, its parent, subsidiaries or affiliated entities, and each of their respective officers, directors, subscribers, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages and liabilities arising out of or in any way related to your participation in or use of your Serene membership or the Platform, including with respect to bodily injury, physical harm, illness, death or property damage. You acknowledge and agree that you use of the Platform at your own risk.
You agree to indemnify, defend and hold harmless Serene, its parent, subsidiary and affiliated entities, and each of their respective owners, officers, directors, employees and agents from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees and costs) arising from or in connection with: (i) your use of the Platform; (ii) any violation by you of these Terms or your violation of any law, regulation or third-party right; or (iii) any breach of your representations, warranties, and covenants set forth in these Terms. You agree that your representations and warranties, and your obligation to indemnify Serene, shall survive beyond any term that these Term are in effect.
CHOICE OF LAW; ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – Please Review as This Affects Your Legal Rights
These Terms are governed by, and will be construed under, the laws of the United States of America and specifically by the laws of the state of California.
Any dispute, claim or controversy arising out of or relating in any way to the Platform shall be determined by mandatory binding arbitration. You and Serene are each waiving your right to a trial by jury and the right to participate in a class or multiparty action. This provision shall survive the termination of these Terms and the termination of your Account. The arbitration shall be governed by the Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the “AAA”). You acknowledge and agree that the Terms are subject to the Federal Arbitration Act as they involve interstate commerce.
Any claims seeking to enforce, protect or determine the validity or ownership of any intellectual property rights and any claims related to allegations of theft, piracy or unauthorized use of the Platform are NOT subject to mandatory arbitration. These claims shall instead be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles, California and you agree to submit to personal jurisdiction and venue of such courts.
Any arbitration must be commence by filing a demand for arbitration with the AAA within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. There shall be no right to any remedy for any claim not asserted within the one (1) year time period.
No Class Actions
YOU AND SERENE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR SUBSCRIBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and Serene agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
CUSTOMER SERVICE AND COMMUNICATIONS
When you visit and/or use the Platform or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Serene satisfy any legal requirement that such communication be in writing.
If you have any questions or comments concerning the Platform or any of the policies set forth in these Terms, please contact us at firstname.lastname@example.org. We welcome your comments and feedback. All communications and comments submitted to us by e-mail, through the Platform are non-confidential.
All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Platform, such as your suggestions regarding improvements that we make to the Platform (collectively, “Comments”) will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make. By sending us Comments or any other content, you warrant and represent that you own the rights to such or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute such Comments and content and grant us the right to do the same. You hereby irrevocably waive any claims based on moral rights and similar theories, if any.
DMCA TAKE DOWN PROCEDURE
It is our policy to block or remove any materials on the Platform, and/or made available on or through the Platform that we believe in good faith infringes the intellectual property rights of others.
If you are a copyright owner who believes that your rights have been violated by any materials, content or information on or made available through the Platform, please send a notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on the Platform.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Serene to locate the material.
- Information reasonably sufficient to permit Serene to contact the you, such as an address, telephone number, and, if available, an electronic mail address at which the you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon notification, we will remove or disable access to the infringing material and notify the content provider that it has removed or disabled access to the material.
If the content provider believes in good faith that the material that was removed is either not infringing, or that it has the right to post and use such material from the copyright owner or pursuant to the law, the user must send a counter-notification containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the content provider;
- Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
- The content provider’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the user’s address is located, or if the user’s address is located outside the United States, for any judicial district in which Serene is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notification is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed material may be replaced or access to it restored in 14 business days or more after receipt of the counter-notice, solely at our discretion.
It is our policy to terminate repeat infringement offender’s access to the Platform, and we reserve the right to do so.
Please contact our Designated Agent at the following address:
or email email@example.com.
Relationship of Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Serene as a result of the Terms or your use of the Platform.
Assignment: Serene may assign the Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Terms without Serene’s prior written consent, and any unauthorized assignment by you shall be null and void.
Severability. If any of the provisions of the Terms is found to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.
Attorneys’ Fees. In the event any litigation is brought by either party in connection with the Terms, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
No Waiver. Our failure to enforce any provision of the Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of the Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Notices. All notices given by you or required under the Terms shall be in writing and addressed to Serene City Retreats, unless otherwise specified herein.
Void Where Prohibited. Any offer for the Platform, or any portion thereof, if void where prohibited. Access to and use of the Platform is subject to all applicable laws and regulations. To the extent that access, or use of the Platform would be deemed illegal by governing law, such access or use is prohibited.
Eligibility. Serene administers and operates the Platform from the United States. We reserve the right to limit the provision of the Platform to any person or geographical area. Serene makes no representation that the Platform is appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the Platform are illegal is prohibited. You may not use the Platform or export the content or products in violation of U.S. export laws and regulations. If you access the Platform from a location outside of the United States, you do so at your own initiative and are responsible for compliance with all local laws.
Equitable Remedies. You hereby agree that Serene would be irreparably damaged if the terms of the Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Disclosures. The services hereunder are offered by Serene City Retreat LLC, located at: and email: firstname.lastname@example.org. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
THESE TERMS ARE ONLY APPLICABLE TO USERS IN THE U.S. AND SEPARATE TERMS APPLY TO USERS IN OTHER JURISDICTIONS. THE SITE IS NOT AVAILABLE TO ANY USERS SUSPENDED OR REMOVED FROM THE PLATFORM BY USING THE PLATFORM, YOU REPRESENT THAT YOU ARE A RESIDENT OF THE UNITED STATES, AT LEAST 18 YEARS OLD AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE PLATFORM. THOSE WHO CHOOSE TO ACCESS THE PLATFORM DO SO AT THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL RULES INCLUDING, WITHOUT LIMITATION, RULES ABOUT THE INTERNET, DATA, EMAIL OR OTHER ELECTRONIC MESSAGES, OR PRIVACY
Copyright 2016, SERENE CITY RETREAT LLC. All rights reserved.