Updated September 2016
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 DolphinsAwaken LLc.
Please read the following terms and conditions relating to your use of this site and the products and services provided hereunder carefully.
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 DolphinsAwaken LLc 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.DolphinsAwaken.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 have:
You acknowledged acceptance of these by registering and paying for a retreat hosted by DolphinsAwaken LLc. 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.
2. RETREAT PRICE
Your payment is for the retreat which includes accommodation, outlined activities and meals. Flight, transportation and additional services not outlined are not included.
A 25% deposit is required at the time your reservation is confirmed.
Reservations made within 75 days prior to the program commencement date must be paid in full.
Payment must be made on-line using Visa or M/C, debit/credit cards.
3. REFUNDS, CANCELLATIONS, TERMINATIONS AND BILLING POLICY
We have the right to change our policy at any time. Any changes will be reflected on future orders not past orders.
Guarantee starts from the purchase date. Refund requests or products returned after the refund policy has expired are not subject to a refund and a refund will not be issued.
Upon a refund being processed please allow 5 to 15 business days for the transaction to post to your account. Transaction times may depend on the policies of your bank or credit card companies.
It is your responsibility in writing (email is acceptable) to request the appropriate refund, credit or course transfer. CareerHearted LLC
If you have to cancel, please inform us by e-mail [email protected] We will respond within two (2) business days with a confirmation letter and outline the steps to take to continue the process. If your have not heard from someone from DolphinsAwaken LLc within two business days it is your responsibility to follow up with both DolphinsAwaken and/or the specific retreat coordinator if a written confirmation from DolphinsAwaken LLc had not been issued to your addressing your needs and your letter.
No cancellation can be considered accepted until issue of the cancellation reference is generated. You will be issued with a cancellation reference which will be required to reference in any subsequent correspondence.
All cancellation, rescheduling and replacement charges are based on the total cost of the DolphinsAwaken LLc Retreat and any discount offer made prior will be void and not considered.
The following scale of charges will apply and exceptions will be looked at on a case by case basis:
CANCEL OF RESERVATION IS possible within 10 days of purchase:
75+ days prior to the start of the retreat: 5% of the total cost will be charged as an admin fee and is non-refundable.
60 – 74 days prior to the start of the retreat: 10% of the total cost will be charged as an admin fee and is non-refundable.
45 – 59 days prior to the start of the retreat: 60% of the total cost will be given as a credit towards a future DolphinsAwaken LLc Retreat and 40% is non-refundable.
30 – 44 days prior to the start of the retreat: 50% of the total cost will be given as a credit towards a future DolphinsAwaken LLc Retreat and 50% is non-refundable.
Less than 30 days prior to the start of the retreat: 30% of the total cost will be given as a credit towards a future DolphinsAwaken LLc Retreat and 70% is non-refundable.
CANCEL OF RESERVATION IS possible after 10 days of purchase:
75+ days prior to the start of the retreat: 10% of the total cost will be charged as an admin fee and is non-refundable.
60 – 74 days prior to the start of the retreat: 15% of the total cost will be charged as an admin fee and is non-refundable.
45 – 59 days prior to the start of the retreat: 50% of the total cost will be given as a credit towards a future DolphinsAwaken LLc Retreat and 50% is non-refundable.
30 – 44 days prior to the start of the retreat: 40% of the total cost will be given as a credit towards a future DolphinsAwaken LLc Retreat and 60% is non-refundable.
CANCEL OF RESERVATION IS NOT possible after 10 days of purchase:
Less than 30 days prior to the start of the retreat: 100% is non-refundable.
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 CHANGES TO THE PROGRAM
This retreat is a experience subject to weather conditions. Mother Nature – the weather and the Dolphins – are not under our control and sometimes it may be necessary to make changes to the retreat or accommodations. We are not responsible for any consequences arising from such changes, cancellations or delays of programs. We will not pay compensation if we have to cancel or change your arrangements due to unavoidable occurrences including severe weather, terrorist activity, natural disaster or ﬁre.
We also cannot guarantee a swim with dolphin(s) experience. These are wild creatures and we have no control over their behavior. There are no refunds or replacement programs if the dolphins do not come into the bays during your stay. You understand that failure to see any particular species of wildlife will not be a breach of contract on our part.
DolphinsAwaken LLc has paid for all expenses, including accommodation etc. in full, in advance. These costs are irrecoverable. Therefore, in the event of a program or partial program being cancelled due to weather conditions (or any other reasons beyond our control) there are no refunds or replacement programs which is why we strongly encourage you to obtain travel insurance for this retreat. 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.
7. MEDICAL PROBLEM/DISABILITIES
An attendee with a medical condition or disability which may affect their or group participation, must inform us before confirming their registration so that we can properly advise as to the suitability of the retreat experience.
Attendee 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 retreat experience we offer, we must reserve the right to decline any registration whenever we reasonably feel the attendee will cause adverse effect to the retreat experience. 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 attendee or where, in our reasonable opinion, the medical condition or disability of the client concerned is likely to have a significant adverse effect on the retreat 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 attendee joins the retreat 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 attendees
The attendee 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 attendee 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 attendee accepts responsibility for full reimbursement of our costs 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.
DolphinsAwaken LLc 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 DolphinsAwaken LLc due to severe weather or emergency evacuation coverage, and also should cover your total retreat.
12. PHOTOGRAPHIC RELEASE
You agree to DolphinsAwaken LLc photographic release and copyright of photographs and/or videos that have been taken of you, or in which you may be included with others. 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 DolphinsAwaken LLc Retreats and their Directors, Crew, Volunteers and any other parties connected with DolphinsAwaken LLc 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 participating in DolphinsAwaken LLc Retreat.
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 DolphinsAwaken LLc LLC, its shareholders owners, officers, directors, management employees, staff, and agents, any contributors to the site or other subscribers.
The right to use DolphinsAwaken LLc.com and all related URL’s (collectively, “DolphinsAwaken LLc 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 DolphinsAwaken LLc Sites for lawful purposes only. Subscriber shall not post or transmit through DolphinsAwaken LLc 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 DolphinsAwaken LLc express prior approval, contains advertising or any solicitation with respect to third-party products or services. Any conduct by a Subscriber that in DolphinsAwaken LLc discretion restricts or inhibits any other Subscriber from using or enjoying DolphinsAwaken LLc Sites will not be permitted. Subscriber shall not use DolphinsAwaken LLc 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 DolphinsAwaken LLc Sites.
A Subscriber includes anyone who receives the products or services of DolphinsAwaken LLc, 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 DolphinsAwaken LLc, 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 DolphinsAwaken LLc. Anyone viewing or otherwise utilizing the products of DolphinsAwaken LLc 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 DolphinsAwaken LLc discloses any portion of its information to the public, it should be understood that anything not publicly disclosed by DolphinsAwaken LLc 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, DolphinsAwaken LLc Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or DolphinsAwaken LLc.DolphinsAwaken LLC 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 DolphinsAwaken LLc 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.
DolphinsAwaken LLc, 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 DolphinsAwaken LLc has been advised of the possibility of such damages. In no event will the collective liability of DolphinsAwaken LLc 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 DolphinsAwaken LLc for the applicable content, product or service out of which liability arose.
Under no circumstances will DolphinsAwaken LLc be liable for any loss or damage caused by subscriber’s reliance on information obtained through DolphinsAwaken LLc.com. It is the responsibility of subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through DolphinsAwaken LLc 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 DolphinsAwaken LLc 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 DolphinsAwaken LLc, 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 DolphinsAwaken LLC 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 DolphinsAwaken LLC and protected by U.S. and international copyright laws.
DolphinsAwaken LLc 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 DolphinsAwaken LLc or the respective owners of such Submissions. DolphinsAwaken LLc reserves all rights not expressly granted in and to the Site and the DolphinsAwaken LLc content. You agree to not engage in the use, copying, or distribution of any of the DolphinsAwaken LLc 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 DolphinsAwaken LLc 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 DolphinsAwaken LLc content or submissions, or enforce limitations on use of the Site or the DolphinsAwaken LLc content or submissions displayed or made available therein.
You hereby grant to DolphinsAwaken LLc 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 DolphinsAwaken LLc 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. DolphinsAwaken LLc 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 DolphinsAwaken LLc operations.
You understand that DolphinsAwaken LLc 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. DolphinsAwaken LLc 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 DolphinsAwaken LLc 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. DolphinsAwaken LLc disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. DolphinsAwaken LLc 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. DolphinsAwaken LLc 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 DolphinsAwaken LLc may make changes or improvements at any time. You, and not DolphinsAwaken LLc, 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. DolphinsAwaken LLc 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 DolphinsAwaken LLc 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
DolphinsAwaken LLc is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, DolphinsAwaken LLc 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 DolphinsAwaken LLc Neither DolphinsAwaken LLc 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).
also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from any of DolphinsAwaken LLc’s Sites.
The DolphinsAwaken LLc’s name and other DolphinsAwaken LLc logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of DolphinsAwaken LLc or its affiliates in the U.S. and/or other countries. DolphinsAwaken LLc’s trademarks and trade dress may not be used in connection with any product or service that is not DolphinsAwaken LLc’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits DolphinsAwaken LLc. All other trademarks not owned by the DolphinsAwaken LLc 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 DolphinsAwaken LLc 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). DolphinsAwaken LLc will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that DolphinsAwaken LLc considers insecure, DolphinsAwaken LLc will be entitled to require the password to be changed and/or terminate your account.
By accepting this agreement you waive and hold harmless DolphinsAwaken LLc from any claims resulting from any action taken by DolphinsAwaken LLc during or as a result of its investigations and/or from any actions taken as a consequence of investigations by DolphinsAwaken LLc, 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] LLc.com and we may attempt to accommodate your request if we do not have any legal obligation to retain the record. DolphinsAwaken LLc 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. DolphinsAwaken LLc 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. DolphinsAwaken LLc 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 DolphinsAwaken LLc 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 DolphinsAwaken LLc that requires you to maintain the confidentiality of certain material or information of DolphinsAwaken LLc. 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 DolphinsAwaken LLc 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 DolphinsAwaken LLc or other information you are required to preserve as confidential by DolphinsAwaken LLc, 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 DolphinsAwaken LLc, 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 DolphinsAwaken LLc may sublicense or assign its rights through multiple tiers of sublicenses or assigns.
34. NO OBLIGATION TO MONITOR
DolphinsAwaken LLc does not control the information delivered to the Forums, and has no obligation to monitor the Forums. However, DolphinsAwaken LLc 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 DolphinsAwaken LLc’s sole discretion.
35. NO OBLIGATION TO REMOVE
DolphinsAwaken LLc 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 DolphinsAwaken LLc 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 DolphinsAwaken LLc with differing terms or DolphinsAwaken LLc 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
DolphinsAwaken LLc 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 DolphinsAwaken LLc discovers communications which allegedly do not conform to any terms and conditions of this Site, DolphinsAwaken LLc may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. DolphinsAwaken LLc will have no liability or responsibility for performance or non-performance of such activities. DolphinsAwaken LLc 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 DolphinsAwaken LLc has absolutely no control.
38. SPECIAL NOTES WITH REGARD TO PRODUCT AND SERVICE
Products shipped by DolphinsAwaken LLc may be shipped by any method in the discretion of DolphinsAwaken LLc. A shipping charge may be imposed.
- All orders require at least 24-72 hours processing time before shipping.
- DolphinsAwaken LLc does not process orders during weekends.
- No deliveries will be made on Saturday or Sunday.
- DolphinsAwaken LLc 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
DolphinsAwaken LLc 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, DolphinsAwaken LLc 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 DolphinsAwaken LLc are provided as resources to customers looking for additional information and/or professional opinion. DolphinsAwaken LLc does not assume responsibility for the claims and/or representations made on these or any other websites.
DolphinsAwaken LLc is not responsible for changes or variations in product specifications and/or physical appearance, since in some cases DolphinsAwaken LLc acts as a distributor for others. In the interest of our customers, DolphinsAwaken LLc 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, DolphinsAwaken LLc 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, DolphinsAwaken LLc will not be held responsible for product revision changes.
29. PRODUCT AND SERVICE PURCHASE AGREEMENT
By accepting delivery of any product or service delivered from DolphinsAwaken LLc, 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 DolphinsAwaken LLc agree that the following terms and conditions are the exclusive terms governing the sales transaction between you and the DolphinsAwaken LLc. 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 DolphinsAwaken LLc.
If you have problems or concerns regarding the DolphinsAwaken LLc or your purchases, you may contact us by emailing us at [email protected] DolphinsAwaken LLc.com.
All products and services are sold “as-is” or “with all faults”.
DolphinsAwaken LLc makes no representation or express warranty with respect to the product or service except those stated in this document. DolphinsAwaken LLc 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 DolphinsAwaken LLc 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 DolphinsAwaken LLc, assumes the entire cost of all necessary servicing or repair.
31. AUTHORIZATION OF PURCHASE
If you order anything posted at the Site, you are additionally agreeing to pay the amounts set forth therein, that DolphinsAwaken LLc 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.
32. PAYMENT TERMS; ORDERS
An order is not binding upon DolphinsAwaken LLc until it is accepted. DolphinsAwaken LLc 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 DolphinsAwaken LLc. 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.
33. TITLE; RISK OF LOSS
DolphinsAwaken LLc 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. DolphinsAwaken LLc reserves a purchase money security interest in the product(s) until its receipt of the full amount due. You agree to allow DolphinsAwaken LLc to sign appropriate documents on your behalf to permit DolphinsAwaken LLc 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. DolphinsAwaken LLc will advise you of estimated shipping dates, but DolphinsAwaken LLc 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.
34. 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 DolphinsAwaken LLc 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. DolphinsAwaken LLc 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 DolphinsAwaken LLc, infringes your copyright, you, or your agent may send to DolphinsAwaken LLc 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 DolphinsAwaken LLc 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 DolphinsAwaken LLc 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. DolphinsAwaken LLc 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.
37. INTELLECTUAL PROPERTY RIGHTS
All DolphinsAwaken sites and all the materials available on the sites and in our courses are the property of DolphinsAwaken LLc 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 DolphinsAwaken LLc 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.
38. YOUR SUBMISSIONS
By posting or submitting any material (including, without limitation, comments, blog entries, photos, and videos) to DolphinsAwaken LLc 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 DolphinsAwaken LLc 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 DolphinsAwaken LLc from their creation. Thus, DolphinsAwaken LLc 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 DolphinsAwaken LLc 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 DolphinsAwaken LLc 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 DolphinsAwaken LLc.
You acknowledge that DolphinsAwaken LLc has the right but not the obligation to use and display any postings or contributions of any kind and that DolphinsAwaken LLc may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
39. ENTIRE AGREEMENT
This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.