IMPORTANT NOTICE: BY VISITING RETREATBOSS™ WEBSITE AND PURCHASING COACHING CLASSES YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS:
B. RETREATBOSS™ PRE-AUTHORIZED DEBIT SUPPLEMENTAL TERMS
C. NOTICES FROM RETREATBOSS™
- How We Treat Postings To This Site (Blog, Forum, or Chat Room).
4.1 We will not treat information that you post to areas of this site that are viewable by others (for example, to a blog, forum or chatroom) as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that violates export control laws.
4.2 We, in our sole discretion and without notice, reserve the right, but undertakes no duty, to review, edit, remove or delete any material submitted as a comment to blog, forum or chatroom provided for display or placed on this site. Specifically, we reserve the right to delete or decline to post content that contains profanity; sexual content; overly graphic, disturbing, or offensive material; vulgar or abusive language; hate speech, defamatory comments, or offensive language targeting any specific demographic; personal attacks of any kind; spam; promotions for commercial products or services.
4.3 By submitting a comment for posting, you agree that we are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive, or illicit material, even material that violates this Agreement.
- Defamation; Communications Decency Act Notice. This site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content, or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
- Separate Agreements. You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.
- Ownership. The material provided on this site is protected by law, including, but not limited to, Canada and United States copyright law and international treaties. The copyrights and other intellectual property in the content of this site is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
- Liability Disclaimer. The information provided on this website is provided for personal information and entertainment purposes only, and is intended for personal, non-medical use. It is not intended to diagnose, treat, cure, or prevent any disease or illness, or to prescribe any medication or other medical treatment, nor is it intended to be a substitute for medical, psychotherapy or psychiatric treatment. It is also not intended to provide specific therapeutic, commercial, financial, tax, legal or other professional advice. If you have any medical conditions and/or require medical assistance, consult a qualified medical professional. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME PROVINCES AND OR STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Links to This Site. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.
- Participation In Promotions of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
- Digital Coaching Classes and Certificates. The Software contains functionality that allows it to procure digital certificates issued from RetreatBoss™. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE WHETHER ISSUED BY RETREATBOSS™ OR A THIRD PARTY. YOUR USE OF DIGITAL CERTIFICATES IS AT YOUR SOLE DISCRETION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RETREATBOSS™ MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS WITH RESPECT TO DIGITAL CERTIFICATES.
- Limited Liability Coaching Class Certifications. If you choose to enroll in the Digital Coaching Class Training you acknowledge it is a training program only. It is not a partnership, membership or affiliation. Client success is dependent on their effort and implementation of their knowledge. Their success is not dependent strictly on the RetreatBoss™ program. No refunds are possible once enrollment and participation has been complete.
- Controlling Law and Severability. The Certificate and applicable License will be governed by and construed in accordance with the laws of Canada, and the province of Quebec excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
- Complete Agreement; Governing Language. The Certificate and applicable License constitutes the entire agreement between you and RetreatBoss™ relating to the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by RetreatBoss™. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction, including the Province of Quebec.
- Controlling Law. This Agreement shall be construed under the laws of Canada in the Province of Quebec, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
- Onward Transfer of Personal Information Outside Your Country of Residence. Any personal information which we may collect on this site may be stored and processed in our servers located in Canada or in any other country in which we, or our affiliates, subsidiaries, or agents maintain facilities. You consent to any such transfer of personal information outside your country of residence to any such location.
- Severability. If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided.
- Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
B. RetreatBoss™ Pre-Authorized Debit Terms and Conditions
1 Overview and Use Restrictions
RetreatBoss™ Pay allows you to store virtual representations of credit and debit cards, including store credit and debit cards, which are supported by the RetreatBoss™ Pay feature (“Supported Payment Cards”) and use supported Devices to make contactless payments within the website and any future apps we may develop. The RetreatBoss™ Pay features on our site may only be available in select regions, with select card issuers, and with select merchants. Features may vary by region, issuer, and merchant.
You agree not to use RetreatBoss™ Pay for illegal or fraudulent purposes, or any other purposes which are prohibited by the License and these Supplemental Terms. You further agree to use RetreatBoss™ Pay in accordance with applicable law and regulation. You agree not to interfere with or disrupt the RetreatBoss™ Pay service (including accessing the service through any automated means), or any servers or networks connected to the service, or any policies, requirements or regulations of networks connected to the service (including any unauthorized access to, use or monitoring of data or traffic thereon).
2 RetreatBoss™ Relationship With You
RetreatBoss™ Pay enables you to create a virtual representation of your Supported Payment Cards and authorized debits out of your bank account on your profile and use RetreatBoss™ Pre- Authorized Pay as part of a payment, however RetreatBoss™ does not process payments, or have any other control over payments, returns, refunds, or other commerce activity that may arise out of your use of this feature. The terms of cardholder and bank account agreements you may have in place with your issuing bank will continue to govern your use of your Supported Payment Cards and Pre-Authorized Debit transactions and their use in connection with RetreatBoss™ Pay. Similarly, your participation in any merchant rewards or stored value programs and your use of RetreatBoss™
You agree that RetreatBoss™ is not a party to your cardholder, bank or merchant agreements, nor is RetreatBoss™ responsible for the content, accuracy or unavailability of any payment cards, bank information, stored value cards, commerce activities, transactions or purchases while using RetreatBoss™ Pay functionality, nor is RetreatBoss™ in any way involved in the issuance of credit or assessing eligibility for credit, or the accrual or redemption of rewards under a merchant’s rewards program. For all disputes or questions about payment cards, bank account, stored value cards, or associated commerce activity, please contact your issuer, bank, or the applicable merchant.
3 Security; Lost or Disabled Devices
RetreatBoss™ Pay and Pre-Authorized Debit transactions stores virtual representations of your Supported Payment Cards, and or bank account information as may be applicable and should be protected as you would protect your physical credit and debit cards. Providing your device passcode to a third party or allowing a third party to add their fingerprint to use Touch ID may result in their ability to make payments and receive or redeem rewards using RetreatBoss™ Pay on your device. You are solely responsible for maintaining the security of your device and of your passcode. You agree that RetreatBoss™ does not have any responsibility if you lose or share access to your logins and or device. You agree that RetreatBoss™ does not have any responsibility if you make unauthorized modifications to (such as by way of a “jailbreak”).
If you report or RetreatBoss™ suspects fraudulent or abusive activity, you agree to cooperate with RetreatBoss™ in any investigation and to use any fraud prevention measures we prescribe.
4 Limitation of Liability
IN ADDITION TO THE DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY SET FORTH IN THE LICENSE, RETREATBOSS™ DOES NOT ASSUME ANY LIABILITY FOR PURCHASES, PAYMENTS, TRANSACTIONS, OR OTHER COMMERCE ACTIVITY MADE USING THE RETREATBOSS™ PAY FEATURE, AND YOU AGREE TO LOOK SOLELY TO AGREEMENTS YOU MAY HAVE WITH YOUR ISSUING BANK, PAYMENT NETWORK, OR MERCHANT TO RESOLVE ANY QUESTIONS OR DISPUTES RELATING TO YOUR SUPPORTED CARDS, VIRTUAL SUPPORTED CARDS AND ASSOCIATED COMMERCE ACTIVITY.
C. NOTICES FROM RETREATBOSS™
1. If RetreatBoss™ needs to contact you about your product or account, you consent to receive the notices by email. You agree that any such notices that we send you electronically will satisfy any legal communication requirements.
2. You understand and agree to RetreatBoss™ authorizing targeted advertisements with credible third parties and to provide better service and enjoyment of the website and App (if applicable) and related functions. You understand and agree that RetreatBoss™ may send you notices on the website and or by email or through App (if applicable) and Software from time to time that are in line with business and product development at its sole discretion.
If you have any questions regarding these Terms and Conditions or the Digital Coaching Program, you may reach RetreatBoss™ at 310-1600 Boulevard Henri-Bourassa O, Montreal, Quebec H3M 3E2, Canada (or by emailing us at [email protected]).