TERMS & CONDITIONSUpdated OCT 1, 2020
In these Terms and Conditions, ‘you’, ‘your’ and ‘attendee’ refers to any person(s) named on the registration form (and anyone added at a later date) and ‘we’, ‘us’ and ‘our’ refers to WhaleSpirit Sanctuary.
Please read the following terms and conditions relating to your use of this site and the products and services provided hereunder carefully.
TEMPORARY POLICY MODIFICATIONS
due to global travel restrictions.
Our hearts go out to you, your family/friends, your businesses and clients as we know these times of transition can be challenging in one way or another for everyone. Our goal has been, first and foremost, to remain heart-centered and act proactively vs reactively. We appreciate your patience and understanding; this is new territory for all of us and we must find ways to navigate this together.
At this time, like so much of the travel industry, we have to continually reassess our policies in order to sustain ourselves for the long haul as a business and be fair to those who have reservations with us. With so much still unknown, it is clear the Policies we had in place did not property reflect nor honor these times of future uncertainty.
The State of Hawaii plans to begin their reopening process October 15, 2020. This is exciting as we are already receiving calls for 2021 and 2022 reservations. At the same time, we have been fielding questions of understandable fear, uncertainty possible cancelation inquiries from a few of the 2021 retreats or those who had to reschedule from 2020.
We have spoken with many of our loyal returning facilitators. With their help and legal guidance, we have revamped the policies to best reflect these times to best manage the unknown.
We understand that these policies are not an ideal situation for anyone and that portions or all aspects of these temporarily revised policies may not be agreeable to some of you and for that we apologize. Please understand there are A LOT of variables that must be considered so we may implement some level of fairness to all reservations.
We will continue to monitor and reassess the situation daily. We appreciate your patience during these times as we are all learning in the moment how to work together, adjust, offer empathy to everyone, transform, keep our hearts open and maintain our business so you have a retreat facility ready and available in the future.
The modified policies are as follows:
Removing Partial Refunds: We agreed with your feedback. The tiered partial refunds segment of our Change/Cancellation policy was not sensitive nor reflective of these current times. In replace of the partial refund will be full ‘credit’ refunds to be used toward a future reservation.
Removing Tied Number of Days to Cancel: We agreed with your feedback. The tiered number of days made it additionally stressful to know when to make this difficult decision. Since booking retreats and booking flight habits have changed so drastically we have eliminated the tiered number of days and instead a 60 day mark to “see how things are”.
• 60 days before event: WhaleSpirit Sanctuary will reassess the current travel restriction situation and make a decision at that time if modifying dates needs to be considered/ is necessary.
A representative from WhaleSpirit Sanctuary will reach out, via email, to point of contact within 2 – 4 business days. If you have not heard from a WhaleSpirit Sanctuary representative it is your responsibility to contact WhaleSpirit Sanctuary inquiring the current status of your event dates and if date modification is an option/necessary.
If WhaleSpirit Sanctuary decides that date modification is necessary directly due to most current travel restrictions, 100% of your current deposits/payment will be made available as a credit towards a future reservation.
Starting the day the current travel restrictions are released, the credits will be available for 12 months.
• 60 days or more before event: Choosing to cancel or make any date changes in bookings will be considered as a cancellation of those dates.
50% of deposits to date will be applied as an admin fee.
50% of deposits to date will be transferred as available credits to a new reservation.
Starting the day the current travel restrictions are released, the credits will be available for 12 months.
Exceptions will be looked at on a case-by-case basis.
Thank you again for your patience and understanding. We look forward to sharing the beauty of WhaleSpirit Sanctuary at the “right time” amidst an epic age of global transformation.
ACCESS TO THIS SITE:
To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If WhaleSpirit Sanctuary believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.
These Terms and Conditions apply to your use of the website at www.WhaleSpiritSanctuary.com, as well as any of its sub-domains and related domains or shopping cart pages (collectively the “Site”), as well as to specific products and services purchased or utilized from the Site. These Terms and Conditions do not apply to your use of affiliated or unaffiliated sites to which the Site links, you should review those sites for any Terms and Conditions that they may impose.
1. THE AGREEMENT AND CONTRACT
When you make a booking, you confirm that you have the authority of sound mind to accept and do accept on behalf of yourself and others on your registration form the terms of these conditions. A contract will exist with us only after:
• You acknowledged acceptance of these by registering and paying for accommodation(s) with WhaleSpirit Sanctuary.
We will attempt to issue a Conﬁrmation Receipt verifying the details of your booking.
You must contact us immediately if any information which appears on the Confirmation Receipt or any other documents appears to be incorrect as it may not be possible to make changes later.
We regret we cannot accept any liability unless notified of any inaccuracies in any document within 10 days following the date of the document.
Your payment is in exchange for the accommodation(s), outlined on the website. Flight, transportation and additional services not outlined are not included.
Individual Vacation Rental Reservations
• Must be paid in full at time of booking.
Payment must be made on-line using PayPal, Credit Card, or wire transfer.
• First deposit of 25% is required at the time your reservation is confirmed.
• Second deposit of 25% is required within 120 days prior to the program commencement date.
• Final payment required within 45 days prior to the program commencement date.
• Payment must be made on-line using PayPal, Credit Card, or wire transfer.
3. CANCELLATIONS, DATE MODIFICATIONS AND REFUNDS
We reserve right to adapt our policies at any times to best protect our guests, our facilitators as well as preserve the long term sustainability of WhaleSpirit Sanctuary.
If you have to cancel, please inform us immediately by e-mail [email protected] We will respond within two (2) to four (4) business days with a confirmation letter and outline the steps to take to continue the process. If you have not heard from someone from WhaleSpirit Sanctuary within five (5) business days it is your responsibility to follow up with WhaleSpirit Sanctuary if a written confirmation from WhaleSpirit Sanctuary had not been issued to your addressing your needs and your letter.
No changes can be considered accepted until issue of the change reference is generated which will be required to reference in any subsequent correspondence.
All cancellation, rescheduling and replacement charges will be based on the total cost of the WhaleSpirit Sanctuary accommodation(s). Any discount offer originally made will be void and not considered in the process.
4. UNUSED SERVICES OR DAYS NOT ATTENDED
No refunds will be made for any unused services or if you choose not to attend certain days.
5. MOTHER NATURE, LIFE AND ANY OTHER OUTSIDE FORCES
The WhaleSpirit Sanctuary is subject to weather conditions. Mother Nature and other outside forces, including and not limited to travel to and from WhaleSpirit Sanctuary is not under our control. We are not responsible for any cancellations or delays outside of WhaleSpirit Sanctuary. We are unable to refund or pay compensation due to unavoidable occurrences including severe weather, transportation delays, pandemic/terrorist activity, natural disaster or ﬁre.
We strongly encourage you to obtain travel insurance. We do not provide travel/program cancellation insurance that covers these eventualities.
6. SPECIAL REQUESTS
Although we will do our best to accommodate them, we cannot guarantee any special requests. Failure to meet any special request will not be a breach of this contract.
7a. MEDICAL PROBLEM/DISABILITIES
A guest with a medical condition or disability which may affect other guests, must informed to us before confirming your registration so that we can properly advise as to the suitability of being on the WhaleSpirit Sanctuary property.
Guests must disclose full details in writing prior to registration and notify us of any changes or deterioration in the disability or medical condition or development of any disability or medical condition after registration.
Due to the type of accommodation experience we offer, we must reserve the right to decline any registration whenever we reasonably feel the attendee will cause adverse effect to themselves or other guests. In this case, a full refund will be given with no penalty.
In the event of the development, deterioration or change of any disability or medical condition occurring after confirmation we must reserve the right to decline the reservation. In this case, a full or partial refund will be considered depending on the situation and timing.
Whenever we reasonably feel we are unable to accommodate the needs or restrictions of any particular guest or where, in our reasonable opinion, the medical condition or disability of the guests is concerned and is likely to have a significant adverse effect on other guests we must reserve the right to decline/or cancel the reservation. In this case, a full or partial refund will be considered depending on the situation and timing.
We reserve the right to cancel and impose cancellation charges if we are not fully advised of any relevant disability or medical condition at the time the reservation is made and/or promptly notified of any development, change or deterioration occurring after registration.
On occasions, the decision to cancel can only be made at the time the guest arrives at WhaleSpirit Sanctuary as it may only be apparent at this stage that their disability or medical condition cannot be accommodated, we reserve the right to cancel and impose cancellation charges at that time. This is to ensure the safety of all other guests.
The guest affected by a disability or medical condition must ensure they have notified this to their travel insurers and that their travel insurance will cover it, and we may request evidence that the disability or medical condition is covered.
The guest with pre-existing medical conditions including disabilities must have emergency evacuation coverage, and bring a copy of this cover with them. In the event a client has an emergency and we do not have evidence of coverage in our possession, we of course will act in good faith and do all we can to provide adequate care.
The guest accepts responsibility for full reimbursement of our costs in such an eventuality.
7b. MEDICAL CANNABIS/MARIJUANA
The use of any recreational drugs is strictly prohibited on the WhaleSpirit Sanctuary Property.
Guests must disclose full details, in writing prior to registration and notify if they are under a doctor’s care of use a of Medical Cannabis/Marijuana.
Due to the energy of the land and type of accommodation experience we offer, we must reserve the right to decline any registration whenever we reasonably feel this will cause ill effect to the land we steward to keep sacred and/or other guests on the property. In this case, a full refund will be given with no penalty.
If the guest is accepted, the Prayer Temple is not available in this situation and the guest is permitted to enjoy other WhaleSpirit Sanctuary accommodations if available.
In the event a guest if found to be using recreational drugs on the property, we reserve the right to cancel the remaining reservation and impose cancellation charges at that time. We reserve the right to require the guest to pack their belongings and immediately leave the property. This is to ensure the honoring of the sacredness of WhaleSpirit Sanctuary property and the safety of all other guests. In this case, no refund or partial refund will be considered.
We reserve the right to cancel and impose cancellation charges if we are not fully advised of recreational drug use and medical cannabis/marijuana use after registration.
The guest accepts full responsibility in such an eventuality.
8. PASSPORTS AND VISAS
It is solely your responsibility to ensure compliance with the entry requirements into the USA no refunds will be made if any situation results in your being denied entry.
WhaleSpirit Sanctuary is not responsible for delays at any stage of travel to or from the retreat. No credit will be given for missed days.
10. DATA PROTECTION POLICY
In order to process your registration, we need to use the information you provide. We may pass on relevant information only to those providers assisting with your arrangements. Therefore, you consent to this information being passed to the relevant persons. The company will hold your information and may use it in future to inform you of offers electronically. If you do not wish to receive such notification you can opt out at any time.
We can provide you with a copy of your information held by us. We will charge a small fee for such documents.
11. TRAVEL INSURANCE
For your own safety, well-being and financial protection, it is essential that you are adequately insured. You are responsible for providing your own travel/cancellation insurance. If you do not secure travel insurance, you accept that you are responsible for all non-refundable expenses and any costs expended on your behalf.
All material facts likely to affect your insurance must be declared to your insurer at the time of booking. If you make a booking and then have to cancel it because you are unable to arrange appropriate insurance, you will be liable for all costs. Your travel insurance should cover trip cancellation/interruption, including cancellation by WhaleSpirit Sanctuary due to severe weather or emergency evacuation coverage, and also should cover your total retreat.
12. PHOTOGRAPHIC RELEASE
You agree to WhaleSpirit Sanctuary photographic release and copyright of photographs and/or videos that have been taken of you, or in which you may be included with others. Any images you post on any social media or public domain site you agree that we may use and/or publish the photograph(s) and/or video(s) in whole or in part for any other purpose whatsoever, including advertising and promotions at our discretion without compensation or notification to you or anyone in the photo or video.
13. WAIVER OF LIABILITY
In making this registration you acknowledge and understand the extent of this contract, and hereby agree and will absolve and hold harmless WhaleSpirit Sanctuary and their Directors, Crew, Volunteers and any other parties connected with WhaleSpirit Sanctuary in any way, singly, or collectively from and against any blame or liability for any injury, misadventure, harm, loss, inconvenience or damage suffered or sustained while on WhaleSpirit Sanctuary property.
14. RESTRICTIONS ON USE
The contents of this site are protected by numerous copyright and trademark laws, and are the property of their owners. Unless we provide otherwise in writing, you may access the materials located within the Site only for your personal use. This means you may download one copy of posted materials on a single computer for personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material, you do not obtain any ownership rights in that material.
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Site. Only if you obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property may you publish, display or commercially exploit any material from the Site.
You must abide by all additional copyright notices or other restrictions contained in any area of the Site.
You agree not to do any of the following and that you may not post, send, submit, publish, or transmit in connection with the Site any material that:
• You do not have the right to post, including proprietary material of any third party;
• Advocates illegal activity or discusses an intent to commit an illegal act;
• Is vulgar, obscene, pornographic, or indecent;
• Does not pertain directly to this site;
• Violates any law or may be considered to violate any law;
• Solicits funds, advertisers or sponsors;
• Harass, stalk or otherwise abuse another user;
• Transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of the Site), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion);
• Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
• Transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
• Upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Site.
• Impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason;
• Disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
• Transmit or otherwise make available through the Site any personal advertising (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes; or violate any applicable local, state, federal or international law, rule or regulation.
• Contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
Additionally, subscribers are specifically prohibited from posting negative or defamatory statements regarding WhaleSpirit Sanctuary, its shareholders, owners, officers, directors, management employees, staff, and agents, any contributors to the site or other subscribers.
The right to use WhaleSpiritSanctuary.com and all related URL’s (collectively, “WhaleSpirit Sanctuary Sites”) is personal to the Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber’s Account (under any screen name or password) and for ensuring that all use of Subscriber’s Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber’s password(s), if any.
Subscriber shall use WhaleSpirit Sanctuary Sites for lawful purposes only. Subscriber shall not post or transmit through WhaleSpirit Sanctuary Sites any material that violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, fraudulent, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without WhaleSpirit Sanctuary express prior approval, contains advertising or any solicitation with respect to third-party products or services. Any conduct by a Subscriber that in WhaleSpirit Sanctuary discretion restricts or inhibits any other Subscriber from using or enjoying WhaleSpirit Sanctuary Sites will not be permitted. Subscriber shall not use WhaleSpirit Sanctuary Sites to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of any other services competitive with WhaleSpirit Sanctuary Sites.
A Subscriber includes anyone who receives the products or services of WhaleSpirit Sanctuary, even if for free.
The Subscriber agrees that no one may use these products and/or services in any manner without the written approval of WhaleSpirit Sanctuary, except for the Subscriber who has agreed that his/her use is limited to his/her own personal use. In the event Subscriber disagrees with these terms, Subscriber must immediately discontinue using the products purchased from WhaleSpirit Sanctuary. Anyone viewing or otherwise utilizing the products of WhaleSpirit Sanctuary by such conduct is agreeing to be bound by the terms of set forth herein, and as such must immediately comply with the terms of this agreement. In the event that WhaleSpirit Sanctuary discloses any portion of its information to the public, it should be understood that anything not publicly disclosed by WhaleSpirit Sanctuary remains information that you have an obligation to protect and maintain as confidential.
15. PROPRIETARY INFORMATION
This site may be hyper-linked to other sites which are not maintained by, or related to, WhaleSpirit Sanctuary Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or WhaleSpirit Sanctuary. WhaleSpirit Sanctuary has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user’s own risk, and WhaleSpirit Sanctuary makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site administrator or webmaster.
Other sites may link to this Site only through a plain-text link or provided graphics link. Permission must be granted by us for any other type of link to the Site. To seek our permission, you may send an email to [email protected] We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link this Site, at our discretion at any time.
The services, products and materials on or from this site are provided “as is” and without warranties of any kind, either express or implied. We disclaim all warranties to the maximum extent of the law, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Neither we nor any of our respective licensors or suppliers warrant that any functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes them available are free of viruses or other harmful components.
Neither we nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the services, products or materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not we or any of our respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to your system.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. To the extent any warranty cannot be disclaimed, a limited explicit warranty is given by us to the exclusion of any other remedy to, in our discretion, either a) replace the services, products and materials with such services, products and materials that do not breach a warranty if such breach is identified to us within 30 days of purchase or b) refund of the monies paid for the particular services, products and materials.
By accessing this site, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive your rights of any state or territory, which provides as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
We do not endorse, warrant or guarantee any products or services offered on the Site. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
17. LIMITATION OF LIABILITY
Under no circumstances, including but not limited to negligence, will we or any of our licensors or suppliers be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on the site, or any products or services provided pursuant to the site, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental, consequential or other damages, so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the site.
WhaleSpirit Sanctuary, its subsidiaries, affiliates, coordinators, instructors, trainees, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if WhaleSpirit Sanctuary has been advised of the possibility of such damages. In no event will the collective liability of WhaleSpirit Sanctuary and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid to WhaleSpirit Sanctuary for the applicable content, product or service out of which liability arose.
Under no circumstances will WhaleSpirit Sanctuary be liable for any loss or damage caused by subscriber’s reliance on information obtained through WhaleSpirit Sanctuary.com. It is the responsibility of subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through WhaleSpirit Sanctuary sites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
18. NO PERSONAL ADVICE
The information contained in or made available through this Site (including but not limited to information contained on message boards, in text files, in products, from services, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, psychological, financial, medical, business or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. And, you should consult a licensed financial advisor for all matters pertaining to your personal or business finances. Further, you should regularly consult a lawyer in all matters relating to interacting with other people to assure yourself you are behaving in compliance with law, including but not limited to laws related to harassment, assault or other similar laws. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Site (including but not limited to any product or service purchased, utilized or otherwise obtained from this Site). Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
19. PARENTAL PERMISSION; MINIMUM AGE REQUIREMENT
This Site is not directed to persons under the age of 13. The sale of any of the Site’s products or services is not directed to persons under the age of 18. We will not knowingly collect personally identifiable information from persons under 13. We strongly recommend that parents participate in their children exploration of the internet and any online services and use their browsers parental controls to limit the areas of the internet to which their children have access.
We hereby require all users of the Site to be over 13 and all purchasers of WhaleSpirit Sanctuary products and services to be over 18. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. If you are under 13, you agree to immediately stop accessing the Site. If you are accessing the Site, you represent that you are at least 13 years of age. If you are purchasing any of the products or services of WhaleSpirit Sanctuary, you represent that you are at least 18 years of age.
20. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of WhaleSpirit Sanctuary or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of WhaleSpirit Sanctuary and protected by U.S. and international copyright laws.
WhaleSpirit Sanctuary content made available on or via the Site, are provided to you AS IS for your information and personal and business use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of WhaleSpirit Sanctuary or the respective owners of such Submissions. WhaleSpirit Sanctuary reserves all rights not expressly granted in and to the Site and the WhaleSpirit Sanctuary content. You agree to not engage in the use, copying, or distribution of any of the WhaleSpirit Sanctuary content or submissions, other than expressly permitted herein, including any use, copying, or distribution of Submissions of third parties obtained through the Site for any commercial or service bureau purposes. If you download or print a copy of any WhaleSpirit Sanctuary content or submissions for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any WhaleSpirit Sanctuary content or submissions, or enforce limitations on use of the Site or the WhaleSpirit Sanctuary content or submissions displayed or made available therein.
You hereby grant to WhaleSpirit Sanctuary the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to WhaleSpirit Sanctuary through this site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. WhaleSpirit Sanctuary will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future WhaleSpirit Sanctuary operations.
You understand that WhaleSpirit Sanctuary cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. WhaleSpirit Sanctuary does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by WhaleSpirit Sanctuary Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
Your use of this site is at your own risk. The content is provided ‘as is’ and without warranties of any kind, either expressed or implied. WhaleSpirit Sanctuary disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. WhaleSpirit Sanctuary does not warrant that the functions or content contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. WhaleSpirit Sanctuary does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and WhaleSpirit Sanctuary may make changes or improvements at any time. You, and not WhaleSpirit Sanctuary, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from the use of this site or its content. WhaleSpirit Sanctuary makes no warranties that your use of the content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such content.
All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and WhaleSpirit Sanctuary does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.
23. THIRD PARTY CONTENT
WhaleSpirit Sanctuary is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, WhaleSpirit Sanctuary has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of the Site, are those of the respective author(s) or distributor(s) and not of WhaleSpirit Sanctuary Neither WhaleSpirit Sanctuary nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to the Sections below for complete provisions governing limitation of liabilities and disclaimers of warranty).
The WhaleSpirit Sanctuary name and other WhaleSpirit Sanctuary logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of WhaleSpirit Sanctuary or its affiliates in the U.S. and/or other countries. WhaleSpirit Sanctuary trademarks and trade dress may not be used in connection with any product or service that is not WhaleSpirit Sanctuary, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits WhaleSpirit Sanctuary. All other trademarks not owned by the WhaleSpirit Sanctuary or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the WhaleSpirit Sanctuary or its affiliates.
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). WhaleSpirit Sanctuary will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that WhaleSpirit Sanctuary considers insecure, WhaleSpirit Sanctuary will be entitled to require the password to be changed and/or terminate your account.
By accepting this agreement, you waive and hold harmless WhaleSpirit Sanctuary from any claims resulting from any action taken by WhaleSpirit Sanctuary during or as a result of its investigations and/or from any actions taken as a consequence of investigations by WhaleSpirit Sanctuary, third party sites that we have assisted or law enforcement authorities.
28. CHANGING OR DELETING YOUR INFORMATION
All registered Users may review, update, correct or delete the Personal Information in their registration profile by accessing their Account management page. If you completely delete all such information, then your Account may become deactivated. If you would like us to delete your record in our system, please contact us at [email protected] and we may attempt to accommodate your request if we do not have any legal obligation to retain the record. WhaleSpirit Sanctuary makes neither commitment nor guarantees to delete your record and/or information from our live and/or backup copies of the Site.
29. INTERNATIONAL TRANSFER
30. FREE TRIAL
In some cases you may agree to a free trial. A valid credit card is required to start the trial. At the time of activation of the trial your card will be authorized for either $1 or the full amount of purchase price. Note: At this point funds have not been collected but may show up on your account. The authorization will expire at the end of 5 business days. You have not been billed at this point.
At the end of the trial you agree and will be billed for the full purchase price. You are under no obligation and can cancel at any time during the free trial period and your card will never be billed.
31. FORUMS, MESSAGE BOARDS, CHAT ROOMS, SOCIAL MEDIA SITES, ETC.
As a service to our users, this Site may feature message boards, chat rooms/areas, discussion forums, ratings, comments, bulletin board services, news groups (including, without limitation, Usenet and other third party news groups), communities and/or other message or communication facilities and other public/semi-public/private forums (collectively, “Forums”) where users with similar interests or similar experiences can share information and support one another or where users can post questions for others to answer. We may also offer other online discussions moderated by various experts or other persons.
Much of the content of the Forums, including without limitation the descriptions for many Forums and the content within a specific message, comment or posting, is provided by and is the responsibility of the third-party creator of the Forum or the person posting in that Forum. WhaleSpirit Sanctuary has no responsibility for such content and is merely providing access to such content as a service to you.
By their very nature, forums may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using discussion forums. WhaleSpirit Sanctuary takes no responsibility related to any content or material posted in a forum.
Any information (including personally identifiable information or other personal information) that you reveal in a Forum may, by design, be open to the public and in such case may not be a private, secure service. You should think carefully before disclosing any information in any Forum. What you have written may be seen, disclosed to or collected by third parties and may potentially be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes. By submitting communications or content to Forums, you agree that such submission is non-confidential for all purposes, unless the WhaleSpirit Sanctuary specifically notes otherwise (for example, in the rules for a particular forum).
32. CONFIDENTIAL OBLIGATIONS
You agree that you will not upload or transmit any communications or content of any type to a Forum that infringe or violate any rights of any party. Further, you may have entered into an agreement with WhaleSpirit Sanctuary that requires you to maintain the confidentiality of certain material or information of WhaleSpirit Sanctuary. It is your obligation to confirm that any post to a Forum you make does not breach any confidentiality obligation you have. Unless a Forum specifically notes that all members of the Forum who are able to view posts are bound by confidentiality obligations, and further notes what types of information may be discussed, you may not post information which WhaleSpirit Sanctuary has required you to preserve as confidential.
33. GRANT OF RIGHTS
To the extent you are the original copyright holder of any post or submission by you to a Forum and such post or submission does not contain any of the information or material of WhaleSpirit Sanctuary or other information you are required to preserve as confidential by WhaleSpirit Sanctuary, then; i) you remain owner of such post or submission to the extent you were the owner; ii) you automatically grant on behalf of yourself or otherwise warrant that the owner of such content or intellectual property has expressly granted WhaleSpirit Sanctuary, a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and/or otherwise exploit, the post, submission, communication or content in any media or medium, or any form, format, or forum now known or hereafter developed; and iii) you agree and warrant that WhaleSpirit Sanctuary may sublicense or assign its rights through multiple tiers of sublicenses or assigns.
34. NO OBLIGATION TO MONITOR
WhaleSpirit Sanctuary does not control the information delivered to the Forums, and has no obligation to monitor the Forums. However, WhaleSpirit Sanctuary reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or legal governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in WhaleSpirit Sanctuary’s sole discretion.
35. NO OBLIGATION TO REMOVE
WhaleSpirit Sanctuary is not obligated to remove any content from the site which does not violate any civil or criminal laws and any contributions intended for display on this web site via any means, whether submitted via HTTP (web), SMTP (mail), NNTP (newsreader), or otherwise, are presumed to be contributed by the author/contributor with the intent that WhaleSpirit Sanctuary shall have an ongoing non-exclusive right to publish the contributed content for an indefinite amount of time, unless the content submitted was made under an agreement with WhaleSpirit Sanctuary with differing terms or WhaleSpirit Sanctuary has clearly only been provided limited non-exclusive publishing rights (for example, in the case of some exclusively copyrighted newsletter content). If you do not wish to have something which you submit to be published, do not submit it in the first place.
36. NO ENDORSEMENT
WhaleSpirit Sanctuary does not endorse, support, represent or guaranty the truthfulness, accuracy, or reliability of any communications posted in the Forums or endorse any opinions expressed in the Forums. You acknowledge that any reliance on material posted in the Forums will be at your own risk.
37. RIGHT TO ACT
If WhaleSpirit Sanctuary discovers communications which allegedly do not conform to any terms and conditions of this Site, WhaleSpirit Sanctuary may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. WhaleSpirit Sanctuary will have no liability or responsibility for performance or non-performance of such activities. WhaleSpirit Sanctuary reserves the right to terminate or restrict your access to any or all of the Forums at any time without notice for any reason whatsoever. You acknowledge that some Forums available through the Site are available only through the Site and others are available both through the Site and other sources, such as Usenet, over which WhaleSpirit Sanctuary has absolutely no control.
38. SPECIAL NOTES WITH REGARD TO PRODUCT(S) AND SERVICE(S)
Products shipped by WhaleSpirit Sanctuary may be shipped by any method in the discretion of WhaleSpirit Sanctuary. A shipping charge may be imposed.
• All orders require at least 24-72 hours processing time before shipping.
• WhaleSpirit Sanctuary does not process orders during weekends.
• No deliveries will be made on Saturday or Sunday.
• WhaleSpirit Sanctuary does not guarantee same day shipping.
• All orders shipped maybe charged sales tax.
• Exact delivery times to any location cannot be guaranteed.
Sales tax is only required for orders shipping within our resident states of business. Therefore all orders shipping within Arizona will be charged applicable sales tax according to your area’s tax rate.
It is your responsibility to calculate the amount of Customs/Duty that will be applied to your purchase by the Customs Office in your country.
Product Listings and Revisions
WhaleSpirit Sanctuary strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, WhaleSpirit Sanctuary shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from WhaleSpirit Sanctuary are provided as resources to customers looking for additional information and/or professional opinion. WhaleSpirit Sanctuary does not assume responsibility for the claims and/or representations made on these or any other websites.
WhaleSpirit Sanctuary is not responsible for changes or variations in product specifications and/or physical appearance, since in some cases WhaleSpirit Sanctuary acts as a distributor for others. In the interest of our customers, WhaleSpirit Sanctuary puts forth its best efforts to ensure that all product information is up-to-date and factual. Unfortunately, there are varying determinates which, although infrequent, could cause the information on our website to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. In some cases, WhaleSpirit Sanctuary relies on the manufacturer of a product to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. Consequently, WhaleSpirit Sanctuary will not be held responsible for product revision changes.
39. PRODUCT AND SERVICE PURCHASE AGREEMENT
By accepting delivery of any product or service delivered from WhaleSpirit Sanctuary, viewing such products, or otherwise using such products or services, you (“Customer”) agree to be bound by the terms and conditions listed below. You and WhaleSpirit Sanctuary agree that the following terms and conditions are the exclusive terms governing the sales transaction between you and the WhaleSpirit Sanctuary. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods or services from WhaleSpirit Sanctuary.
If you have problems or concerns regarding the WhaleSpirit Sanctuary or your purchases, you may contact us by emailing us at [email protected].
All products and services are sold “as-is” or “with all faults”.
WhaleSpirit Sanctuary makes no representation or express warranty with respect to the product or service except those stated in this document.
WhaleSpirit Sanctuary disclaims all other warranties, express or implied, as to any such product or service, including and without limitation, the implied warranties of merchantability and fitness for a particular purpose, and any implied warranties arising from statute, trade usage, course of dealing, or course of performance.
All products or services sold through or by WhaleSpirit Sanctuary are sold “as-is” or “with all faults.” The entire risk as to the quality and performance of these products or services is with the buyer. Should any of these products or services prove defective, do not function, or function improperly in any way following their purchase, the buyer, and not WhaleSpirit Sanctuary, assumes the entire cost of all necessary servicing or repair.
41. AUTHORIZATION OF PURCHASE
If you order anything posted at the Site, you are additionally agreeing to pay the amounts set forth therein, that WhaleSpirit Sanctuary may charge your credit card for such amounts, and that you agree to the terms set forth on that webpage and/or referenced in that transaction, in addition to these Terms and Conditions.
42. PAYMENT TERMS; ORDERS
An order is not binding upon WhaleSpirit Sanctuary until it is accepted. WhaleSpirit Sanctuary must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment or provision of services. Customer can make payment by credit card, or some other method prearranged with WhaleSpirit Sanctuary. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
43. TITLE; RISK OF LOSS
WhaleSpirit Sanctuary will arrange for shipment of ordered product(s) to you, the Customer (aka “Subscriber”), Free On Board (F.O.B.) shipping point, meaning title to the product(s) – excepting software- and risk of loss passes to you upon delivery to the carrier. WhaleSpirit Sanctuary reserves a purchase money security interest in the product(s) until its receipt of the full amount due. You agree to allow WhaleSpirit Sanctuary to sign appropriate documents on your behalf to permit WhaleSpirit Sanctuary to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. You agree to be bound by any software license agreement once the seal on the package is broken. WhaleSpirit Sanctuary will advise you of estimated shipping dates, but WhaleSpirit Sanctuary will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
44. GOVERNING LAW AND JURISDICTION
These Terms will be governed and interpreted pursuant to the laws of Arizona, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Maricopa County, Arizona in connection with any dispute between you and WhaleSpirit Sanctuary arising out of these Terms or pertaining to the subject matter hereof. The parties to these Terms each agree that the exclusive venue for any dispute between the parties arising out of these Terms or pertaining to the subject matter of these Terms will be in the state and federal courts in Phoenix, Arizona. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. WhaleSpirit Sanctuary may revise these Terms at any time by updating this posting.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by WhaleSpirit Sanctuary, infringes your copyright, you, or your agent may send to WhaleSpirit Sanctuary a notice requesting that the material be reviewed and if deemed to infringe your copyright to be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon WhaleSpirit Sanctuary actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to WhaleSpirit Sanctuary a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. WhaleSpirit Sanctuary Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: [email protected]
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Arizona law.
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
47. INTELLECTUAL PROPERTY RIGHTS
All WhaleSpirit Sanctuary sites and all the materials available on the sites and in our courses, are the property of WhaleSpirit Sanctuary and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. Our sites and course materials are provided solely for your personal, noncommercial use. You may not use our sites or the materials available on our sites in a manner that constitutes an infringement of Intellectual Property Rights or that has not been authorized by us. Unless explicitly authorized in these Terms or by WhaleSpirit Sanctuary you, as the owner of any materials, may not copy, reproduce, republish, upload, post, modify, transmit, translate, sell, create derivatives of the works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material. You may, however, download and/or print one copy for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
48. YOUR SUBMISSIONS
By posting or submitting any material (including, without limitation, comments, blog entries, photos, and videos) to WhaleSpirit Sanctuary you are representing: (i) that you are the owner of the material, or are making your posting or submission after having gained the necessary express consent of the owner of the material; and (ii) that you are thirteen years of age or older.
When you submit, or post any material, you are granting WhaleSpirit Sanctuary and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. You grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate. This foregoing grant shall include the option to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to WhaleSpirit Sanctuary from their creation. Thus, WhaleSpirit Sanctuary shall be deemed the author and exclusive owner thereof and shall have the right to exploit any portion of or all of the results and proceeds in any and all media, now known or hereafter devised, in perpetuity, in all languages, as WhaleSpirit Sanctuary determines.
In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to WhaleSpirit Sanctuary all proprietary rights, including without limitation, all copyrights and trademarks throughout, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by WhaleSpirit Sanctuary.
You acknowledge that WhaleSpirit Sanctuary has the right but not the obligation to use and display any postings or contributions of any kind and that WhaleSpirit Sanctuary may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
49. ENTIRE AGREEMENT
This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.