Waiver & Disclaimer
for Tanning, Tacos, and Transformation Conference 2017
The conditions below constitute the agreement between Amy E. Smith dba Joy Junkie Ent., Andrea Owen dba Your Kick-Ass Life Coaching, LLC and Kira Sabin dba The Dating Makeover Coach, LLC, collectively heretofore known as “TTT Conference” and Tanning, Tacos, and Transformation Conference 2017 participants. The Tanning, Tacos, and Transformation 2017 Conference is heretofore known as “Conference.”
Please read the following statements carefully. Signing below indicates full understanding, compliance, and agreement to all items laid out in this document.
To reserve your place on the Conference, please complete the online registration, inclusive of the non-refundable $175 deposit.
All prices are quoted in U.S. dollars. While TTT Conference does everything possible to maintain our listed prices, if it is necessary to levy a surcharge or adjust the price due to currency fluctuations, TTT Conference reserves the right to do so, and notification will be giving before the commencement of the Conference.
Payments must be made by credit card or PayPal balance via PayPal and be processed through our website, www.TripleTConference.com. All ticket options include a $175 non-refundable deposit paid upon registration. If you choose to purchase a THREE-PAY option, you are committing to 2 additional, automatic payments occurring 30 days and 60 days days following your initial registration and payment. You understand that your card on file with PayPal will automatically be charged for these two additional installments. Additionally, you understand it is your responsibility to ensure your credit card is in good standing and able to be charged for each installment, meaning that it will not be declined via PayPal for any reason. (Example: Your card has expired or is over the spending limit.) Regardless if you opt for a ONE-PAY or THREE-PAY option, your Conference ticket must be paid in full prior to September 21st, 2017 or your Conference ticket will be cancelled and all payments made will be forfeited.
Additionally, if a party other than yourself paid for your Conference registration, you agree that there is a commitment to pay for your Conference, in full, with different means if necessary and in accordance with the terms outlined above. You understand that full payment of your Conference is your sole responsibility.
In registering and completing payment for Conference you understand that the following is included as a part of your purchase and is the responsibility of TTT Conference:
In registering and completing payment for Service you acknowledge and agree to the following:
Due to the nature of this event and because we have obligations to pay the hotel to secure our meeting room and food and beverage, there is a $175 non-refundable deposit on your ticket, regardless of payment plan option. Any purchaser can receive the total amount paid to TTT Conference, less the $175 non-refundable deposit, if TTT Conference is notified by August 31st, 2017, 9pm Pacific Standard Time that a refund is requested.
Example 1: If you chose the ONE PAY option for $497 and decided on July 1st, 2017 that you needed a refund, you would be refunded $322 ($497 – $175 = $322).
Example 2: If you chose the THREE PAY option for $175 on May 25th, 2017, and paid a second installment of $175 on June 25th, 2017 and requested a refund July 1st, 2017, you would be refunded $175 and no further installment payments would be charged.
August 31st, 2017 9pm Pacific Standard Time is the absolute deadline for any refund requests. After this date no refunds will be issued nor installment payments cancelled. As of September 1st, 2017, all sales are final and no refunds will be issued. All registrations are non-transferable.
You must be in good physical and mental health to participate in the Conference. You are advised to consult with a physician to ensure that you are in adequate health to safely participate in your Conference. Medical and evacuation expenses will be your sole responsibility, so TTT Conference strongly encourages you to purchase travel insurance. Additionally, TTT Conference reserves the right in their absolute discretion to refuse a participant the right to participate in the Conference on medical grounds, be it physical or mental which is inclusive, but not limited to, addiction-related issues.
TTT Conference reserves the right to cancel Conference prior to departure in the event that there are too few people booked in which case you will be given a full refund of any and all payments made to TTT Conference. You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damage (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation (including but not limited to visa, passport, flight, room reservations, and vaccination costs.) Therefore, TTT Conference highly advocates and recommends you purchase travel insurance for the Conference.
TTT Conference reserves the right to make changes to any aspect of the Conference if, in the absolute discretion of TTT Conference, it is necessary to do so due to conditions that are likely to be hazardous or dangerous or due to any other adverse or threatening conditions whether political or military or terrorist or otherwise or if an act of omission of a third party prevents the Conference or the aspect of the Conference being undertaken in accordance with your booking or for any other reason considered necessary by TTT Conference.
In the event of any change, modification, cancellation, postponement or delay under this condition, you acknowledge that you will have no right of refund of the Conference price in whole or in part and no right to claim compensation for any injury, loss or damage or other additional expenses incurred by virtue of the change, modification, cancellation, postponement or delay. TTT Conference also reserves, in their absolute discretion, the right to cancel the Conference due to any government travel warning or advice, or any change in such warning or advice. In this event, we will do all we can to transfer any payments made to a different Conference with TTT Conference. If this is not possible, travel insurance may compensate you depending on the circumstances.
We strongly recommend the purchase of travel insurance and it is your responsibility to ensure that you are adequately insured for the full duration of the Conference in respect to illness, injury, death, loss of personal items, cancellation, and curtailment. Depending on what travel insurance you secure, it will likely include the cost of the hotel you book or a portion of the hotel cost as charged by the hotel but will not cover any additional amount charged by TTT Conference to cover the coaching and personal development portion of the event. For refund options for the entire price of your Conference please see item #5.
It is your responsibility to learn about and obtain all required travel documents, vaccinations, etc., including, but not limited to, a current passport, for travel to the chosen destination. TTT Conference is not responsible for any delays or cancellations due to participant’s lack of proper travel documents.
TTT Conference policy only permits attendees 21 years old and older.
Your accommodations for the Conference are not included in the ticket price for TTT Conference. While, TTT Conference is not responsible for any accommodations, we have secured a limited amount of discounted rooms with the Shorebreak Hotel available on a first come, first served basis.
TTT Conference reserves the right to use photographs, audios or videos from the event for promotional purposes. By making a reservation with TTT Conference, you agree to allow your image to be used in such photography. If you prefer for your image not to be used, please notify TTT Conference in writing before the Conference commences.
If TTT Conference are prevented (directly or indirectly) from performing any of their obligations under this agreement by acts of God, strikes, trade disputes, fire, breakdowns, interruption of transport, government or political action, acts of war or terrorism, acts or omissions of a third party or for any other cause whatsoever outside TTT Conference’s reasonable control, TTT Conference will be under no liability whatsoever to you and may either cancel the Conference or take any other action deemed necessary.
You acknowledge travel may be challenging and demanding with a high level of risk, and it involves potential exposure to injury and that in the countries and regions in which adventure travel is undertaken, standards of accommodation, transport, health care, hygiene, safety and service provision generally are often not as high as those standards in your country of residence and may require flexibility and patience on your part. You further acknowledge that operational control of the Conference will be in the hands of a third party and that your right of action in regard to any shortcomings of that third party’s performance is against the third party and not against TTT Conference.
In consideration of TTT Conference accepting your reservation you release, waive, discharge, hold harmless and agree to indemnify TTT Conference, its officers, its employees, its agents, its licensees, other representatives, and trip leaders from all claims, actions or losses for bodily injury, emotional trauma, property damage, wrongful death, loss of services, loss of profits, as well as consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during your travel in connection with the conference or any activities conducted in conjunction there within unless caused by the willful negligence or wrongful act of TTT Conference. Regardless of the situation or circumstances giving rise to the claim, you waive any claims you have, or may at any time have, against TTT Conference, you agree, by accepting the additional inherent dangers and risks associated with the Conference, not to make any claim against or seek any compensation from TTT Conference in respect to any personal injury, illness or death suffered by you or damage to or loss of property sustained by you as a result of your participation in the retreat including without limitation, any extracurricular activities you may engage in during the Conference, whether or not sponsored by TTT Conference.
TERMS AND CONDITIONS
for usage of this website
BY VISITING www.TripleTCruise.com, www.TripleTRetreat.com, and/or www.TripleTConference.com, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
The terms “we,” “us,” and “our” refers to Amy E. Smith dba Joy Junkie Ent., Andrea Owen dba Your Kick Ass Life Coaching, and Kira Sabin dba The Dating Makeover Coach, LLC, heretofore known as the collective name TTTConference. The term the “Site” refers to TripleTCruise.com, TripleTRetreat.com, and TripleTConference.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site. This site has been established to promote our joint-venture: Tanning, Tacos, and Transformation Conference 2017. We are thrilled to take a group of powerful women on a conference-style adventure by way of a Southern California beach hotel in October 2017 and this site has been establish to provide all necessary information to cruise attendees as well as provide a method of payment and follow-up to support our attendees (the “Service”).
Use of www.TripleTCruise.com, www.TripleTRetreat.com, and TripleTConference.com, including all materials presented herein and all online services provided by TTTConference, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to all personal growth and development subject matter and other information are subject to change. TTTConference makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free.TTTConference disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to TTTConference will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to TTTConference. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to TTTConference remains yours to the extent that you have any legal claims therein. You agree to hold TTTConference harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by TTTConference, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service.
Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, TTTConference IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF TTTConference HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL TTTConference’s CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM TTTConference, AND IF NO PURCHASE HAS BEEN MADE BY YOU TTTConference’s CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with TTTConference. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and TTTConference pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by TTTConference shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by TTTConference.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
TTTRetreat ℅ Amy E. Smith
426 W. 1st Street, Unit 24
Tustin, CA 92780
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Orange County, California. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution3 or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Updated: MAY 2017
INFORMATION WE COLLECT
This Site only collects the personal information you voluntarily provide to us, which may include:
The information you provide is used to process transactions, send periodic emails, and improve the service we provide. We do share your information with trusted third parties who assist us in operating our website, conducting our business and servicing clients and visitors. These trusted third parties agree to keep this information confidential. Your personal information will never be shared with unrelated third parties.
We may record information relating to your use of the Site, such as the searches you undertake, the pages you view, your browser type, IP address, requested URL, referring URL, and timestamp information. We use this type of information to administer the Site and provide the highest possible level of service to you. We also use this information in the aggregate to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Site.
We may send cookies to your computer in order to uniquely identify your browser and improve the quality of our service. The term “cookies” refers to small pieces of information that a website sends to your computer’s hard drive while you are viewing the Site. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). You have the ability to accept or decline cookies using your web browser settings. If you choose to disable cookies, some areas of the Site may not work properly or at all.
THIRD PARTY LINKS
We maintain security measures to protect your personal information from unauthorized access, misuse, or disclosure. However, no exchange of data over the Internet can be guaranteed as 100% secure. While we make every effort to protect your personal information shared with us through our Site, you acknowledge that the personal information you voluntarily share with us through this Site could be accessed or tampered with by a third party. You agree that we are not responsible for any intercepted information shared through our Site without our knowledge or permission. Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.
UPDATING YOUR INFORMATION
You may access and correct your personal information and privacy preferences by contacting us via email at firstname.lastname@example.org.
CHANGES TO THIS POLICY
Updated: MAY 2017
This website/email series is an educational and informational resource for business owners. It is not a substitute for working with a business consultant or other professional. TTTConference cannot guarantee the outcome of following the recommendations provided and any statements made regarding the potential outcome are expressions of opinion only. TTTConference makes no guarantees about the information and recommendations provided herein. By continuing to use/ read/participate in this website/email series you acknowledge that TTTConference cannot guarantee any particular results, as such outcomes are based on subjective factors that are not within our control. Therefore, following any information or recommendations provided on this website/email series are at your own risk. If you need business advice, you should hire a business consultant or other professional.
ADVICE: CAREER, LIFE, LOVE, AND ANY OTHER ADVICE ON THIS SITE
This website/email series is an educational and informational resource for attendees of Tanning, Tacos, and Transformation Conference and those who may be interested in becoming attendees of the conference. It is not a substitute for working with any sort of mental health professional. TTTConference cannot guarantee the outcome of following the recommendations provided and our statements about the potential outcome are expressions of opinion only. TTTConference makes no guarantees about the information and recommendations provided herein. By continuing to use/read/participate in this website/email series you acknowledge that we cannot guarantee any particular results, as such outcomes are based on subjective factors that are not within our control. Therefore, following any information or recommendations provided on this website/email series are at your own risk. If you need mental health advice, you should hire a doctor or other appropriate mental health professional.
THE “I’LL GIVE YOU MY OPINION ABOUT YOUR SITUATION BUT DON’T SUE ME” DISCLAIMER
The complimentary advice provided herein is based on an abbreviated examination of the minimal facts given, not the extensive analysis we conduct when working with individual clients. Therefore, this advice is not a substitute for working with a coach, therapist, mental health professional or any other applicable professional. TTTConference cannot guarantee the outcome of following the advice provided and our statements about the potential outcome are expressions of opinion only. Following the advice provided is at your own risk. Consider hiring a coach, therapist, mental health professional or any other applicable professional to assist you with this issue.
LIFE COACH OR OTHER COACHES
By participating in/reading our coaching service/website/email series, you acknowledge that TTTConference are not a licensed psychologists or health care professionals and our services do not replace the care of psychologists or other healthcare professionals. Coaching is in no way to be construed or substituted as psychological counseling or any other type of therapy or medical advice. TTTConference will at all times exercise our best professional efforts, skills and care. However, I cannot guarantee the outcome of coaching efforts and/or recommendations on this website/email series and my comments about the outcome are expressions of opinion only. TTTConference cannot make any guarantees other than to deliver the coaching services purchased as described.
TTTConference aims to describe and display our products and services as accurately as possible. However, we cannot guarantee that all offerings available on the cruise will be completely accurate due to changes controlled by the cruise line. Likewise, TTTConference cannot guarantee their uses for your particular circumstances and purposes. Please do not accept that the product descriptions contained on this website/newsletter/email series are entirely accurate, current, or error-free. Occasionally, TTTConference may correct errors in pricing and merchandise descriptions.
Updated: MAY 2017