Thanks for using Retreat Central.
Please read these Terms carefully. By using Retreat Central or signing up for an account, you are agreeing to these Terms. This is a legal agreement.
We will start with the basics, including a few definitions that should help you understand this agreement. Retreat Central (“Retreat Central” or “Service”) is an email service offered through the URL www.RetreatCentral.com ( “Website”) that allows you to create, respond to requests for information, and manage your listing. Retreat Central is a Texas limited liability corporation (“Retreat Central,” “we,” or “us”). Retreat Central has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that is a customer of the Service, you are a “Member” according to this agreement (or “you”).
Article 2 – Account
1. Eligibility In order to use Retreat Central, you must:
- Be at least eighteen (18) years old and able to enter into contracts;
- Complete the registration process;
- Agree to the Terms; and
- Provide true, complete, and up to date contact information.
By using Retreat Central, you represent and warrant that you meet all the requirements listed above, and that you will not use Retreat Central in a way that violates any laws or regulations. Retreat Central may refuse service, close accounts of any users, and change eligibility requirements at any time.
Represent and Warrant
“Representing and warranting” is like making a legally enforceable promise.
The Term begins when you sign up for Retreat Central and continues as long as you are listed on the site. Clicking the button and entering your username means that you have officially “signed” the Terms. If you sign up for Retreat Central on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
3. Closing Your Account
You or Retreat Central may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. Once terminated, we may permanently delete your account and all the data associated with it. If you do not log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.
Our Acceptable Use Policy sets some rules that you have to follow as a Retreat Central user.
5. Account and Password
You are responsible for keeping your account name and password confidential. You are also responsible for any account that you have access to, whether or not you authorized the use. You will immediately notify us of any unauthorized use of your accounts. We are not responsible for any losses due to stolen or hacked passwords. We do not have access to your current password, and for security reasons, we may only reset your password.
6. Account Disputes
We do not know the inner workings of your organization or the nature of your personal relationships, and we do not arbitrate disputes over who owns an account. You will not request access to or information about an account that is not yours, and you will resolve any account-related disputes directly with the other party. We decide who owns an account based on the communication we have had with your account, and if multiple people or entities are identified in the content, then we will rely on the contact information listed for that account.
7. Monthly Plans
Our charges for annual plans are posted on our Website and may be changed from time to time. If any part of a year is included in the Term, then payment is due for the full year. Payments are due for any year on the same date, or the closest date in that month, to the day you signed up with us and made your first payment (the “Pay Date”). If you go decide to go to another pricing level, then you will have to pay at the higher level on or before the next pay date. If you reduce your plan you will complete that higher payment and have the reduced charge the following month. If the Term ends before that payment is due, you will still be required to make one payment at the higher level.
8. Credit Cards
As long as you are a Member or have an outstanding balance with us, you will provide us with valid credit card information and authorize us to deduct the annual charges against that credit card. You will replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and will not be rejected. If, for some reason, we are unable to process your credit card order, we will try to contact you by email. Our system is set up so that paid accounts will be moved to “free” accounts if payment is not made. They will only be able to move back up with a valid credit card.
We will give you a refund for a prepaid year if we stop providing our Services to you for a reason that is not laid out in these Terms or our Acceptable Use Policy. You will not be entitled to a refund from us under any other circumstances.
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
11. Proprietary Rights Owned by Us
You shall respect our proprietary rights in the Website and the software used to provide Retreat Central (proprietary rights include patents, trademarks, service marks, and copyrights).
12. Proprietary Rights Owned by You
RULES AND ABUSE
14. General Rules
You promise to follow these rules:
1. You will use accurate information about your retreat center.
2. If a potential group asks not to be contacted, you will not contact them.
3. You will not violate our Acceptable Use Policy, which is part of this Agreement.
If you violate any of these rules, then we may suspend or terminate your account.
15. Reporting Abuse
If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a Retreat Central user, we want to hear about it. Please report it to our abuse team. If you think anyone has posted material that violates any copyrights, then you may notify us according to our Copyright Policy.
Every Retreat Central campaign has an embedded Campaign Tracking ID (CID) in the header that makes it easy to report suspected spam. If it does not contain a CID, then it did not come from Retreat Central.
16. Compliance with Laws
You represent and warrant that your use of Retreat Central will comply with all applicable laws and regulations. You are responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you are subject to regulations (like HIPAA) and you use our Service, then we will not be liable if our Service does not meet those requirements.
17. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team will not be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they are based on negligence or we have been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
18. No Warranties
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we do not provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
Warranties of Merchantability
Since people use Retreat Central for a variety of reasons, we cannot guarantee that it will meet your specific needs.
You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that are not allowed under these Terms due to a “Limitation of Liability” or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
20. Attorney Fees
If we file an action against you claiming you breached these Terms and we prevail, we are entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
21. Liquidated Damages
In some cases, a breach of these Terms could cause damages, but proving the actual damages would be impossible. These cases will result in the corresponding liquidated damages, which are a reasonable pre-estimate of the damages.
If you do not pay an amount due within thirty (30) days after we send you a late payment notice, you will be removed from the website and will then the liquidated damages will be twice the total amount you paid us over the past 12 months, but not less than $1200 plus the amount owed. In addition you will be removed from the website for any non-payment.
22. Equitable Relief
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
23. Subpoena Fees
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team are not responsible for the behavior of any advertisers, linked websites, or other Members.
25. Choice of Law
26. Force Majeure
We will not be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of this Agreement is not enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
29. Amendments and Waiver
Amendments or changes to these Terms will not be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service (the “Additional Terms”). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there is a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we do not immediately take action on a violation of these Terms, we are not giving up any rights under the Terms, and we may still take action at some point.
30. No Changes in Terms at Request of Member
There will be no changes to the Agreement by a Member or Group.
31. Further Actions
You will provide all documents and take any actions necessary to meet your obligations under these Terms.
32. Notification of Security Breach
In the event of a security breach that may affect you or anyone connected to you through us, we will notify you of the breach and provide a description of what happened. If we determine that you need to forward all or part of that information to anyone on your lists, you will promptly do it.
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, Retreat Central, 9241 LBJ Freeway, Suite 100, Dallas, TX, 75243, or any addresses as we may later post on the Website.
34. Entire Agreement