The Terms of Service (the “Terms”) applies to the Good Life Retreats website located at www.GoodLifeRetreats.com and all associated sites linked to www.GoodLifeRetreats.com (the “Site”). The Site and all content on the Site is the property of Good Life Retreats and its licensors. By using the Site, you agree to the Terms.
Good Life Retreats reserves the right to revise or modify Terms by updating this posting. You are bound by such revisions and modifications so we encourage you to visit this page to review the most current Terms from time to time. Good Life Retreats reserves the right to, without notice and for any reason, modify or remove content from this Site, suspend or terminate the operation of the Site and deny access to any user to all or part of this Site.
All content (including text, logos, photographs, trademarks, and computer code, etc.) on GoodLifeRetreats.com is protected by copyright, trademark laws and various other intellectual property rights and unfair competition laws. You may not reproduce, republish, post, publicly display, transmit or distribute any content unless expressly permitted in these Terms or elsewhere on the Site.
Using Our Site
You may not use the Site or any content for any purpose that is unlawful or prohibited by these Terms or that infringes the rights of GoodLifeRetreats.com or others. You also agree not to: (i) make any false, speculative or fraudulent inquiry, request or reservation; (ii) access, monitor or copy any content or information of this Site using any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm or any similar process; (iii) take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (iv) use any device, software or routine to interfere with the proper working of the Site, any transaction being conducted on the Site or any other person’s use of the Site; or (v) attempt to gain unauthorized access to the Site or any systems or networks connected to the Site by hacking or any other illegitimate means.
Good Life Retreats takes no responsibility and assumes no liability for any Submissions posted or submitted by you. We reserve the sole discretion to determine whether to publish or use your Submissions. You are fully responsible for the content of your Submissions and will be solely liable for any damages resulting from any violation of any law or the rights of Good Life Retreats or any other person, or any other harm resulting from your Submissions.
No Warranties; Limitation of Liability
WHILE GOOD LIFE RETREATS USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SITE, GOOD LIFE RETREATS MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY. THE PROPERTIES, INFORMATION, PRODUCTS AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, GOOD LIFE RETREATS DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE VILLAS AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS SITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF AMENITIES AND GENERAL PRODUCT DESCRIPTIONS), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. IN ADDITION, GOOD LIFE RETREATS EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE SITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, YOU WILL HAVE THE OPTION TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR CANCEL YOUR RESERVATION WITHOUT PENALTY.
THE PROPERTY OWNERS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES IN CONNECTION WITH THE SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF GOOD LIFE RETREATS. GOOD LIFE RETREATS AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. BY OFFERING TRAVEL PRODUCTS AND SERVICES LOCATED IN PARTICULAR DESTINATIONS, GOOD LIFE RETREATS DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
THE INFORMATION AND SERVICES PROVIDED OR REFERENCED ON THE SITE ARE PROVIDED “AS IS” AND WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH THE USER. IN NO EVENT SHALL GOOD LIFE RETREATS, ITS AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR ACCESS TO THIS SITE OR THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF GOOD LIFE RETREATS, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
If, despite the limitation above, Good Life Retreats, its affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then Good Life Retreats, its affiliates or their respective suppliers liabilities will in no event exceed the greater of the total related rental revenue paid by you at the time of the occurrence or USD $100.00.
You agree to defend, indemnify and hold harmless Good Life Retreats and its affiliates and their respective directors, officers, employees and agents from and against all demands, losses, liability, claims or expenses, including attorneys’ fees, made against Good Life Retreats by any third party due to or arising out of or in connection with your use of the Site.
Additional Rules and Conditions
Separate terms and conditions, including your cancellation rights, if any, will apply to your reservation and purchase of travel-related goods and services that you select. Please read these separate terms and conditions carefully. Any violation of these additional terms and conditions may result in cancellation of your reservation(s) or in your forfeiting any monies paid for such reservation(s).
The relationship between Good Life Retreats and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
BY USING GOODLIFERETREATS.COM, YOU AGREE WITH THE TERMS STATED BELOW:
1. USER RESPONSIBILITIES
1.1 Neutral Venue. Our Site is an online venue through which users find properties and rent from owners. Our Site is merely a venue for users to utilize one another for rental purposes and, if they wish, arrange special circumstances. We are not involved in the actual face-to-face contact between users. As a result, we have no control over the conduct of our users or the truth or accuracy of the information given by owners.
1.2 Identity Verification. We make no attempt to confirm, and do not confirm, any user’s purported identity. You are responsible for determining the identity and suitability of others who you may contact by means of this Site. We do not endorse any persons who use or register for our Services, whether as guests or owners/property managers. We do not investigate any user’s reputation, conduct, morality, criminal background, or verify the information that any user submits to the Site.
1.3 Your Experience with Other Users. You are solely responsible for your interactions with other users of our Services. We will not be responsible for any damage or harm resulting from your interactions with other users of our Services. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services and to take any other action in good faith to restrict access to or the availability of any material that we or another user of our Services may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.
1.4 Release. By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users will be limited to a claim against the particular user or users who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from Good Life Retreats. You release Good Life Retreats from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your communication or interaction with other users on the Site or your experience as a guest or host in connection with the Site. Further, you waive California Civil Code section 1542, which provides: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” As set forth in Section 17, interpretation of this agreement is governed by the laws of the State of California and the United States of America.
2. USER CONDUCT
2.1 Site Rules and Restrictions. In connection with your use of our Services, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not:
(a) violate any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights, including but not limited to subleasing an accommodation without the rights to do so;
(c) interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(e) use our Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
(f) “stalk” or harass any other user of our Services or collect or store any information about any other user other than for purposes of transacting as an Good Life Retreats guest and host with one another;
(g) offer, as a host, any accommodations that you do not yourself own or rent in as living space (without limiting the foregoing, you will not list accommodations as a host if you are serving in the capacity of a rental agent or listing agent for a third party property owner);
(h) register for more than one user account or register for a user account on behalf of an individual other than yourself;
(i) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(j) use automated scripts to collect information or otherwise interact with the Service or the Site;
(k) use the site to find a host or guest and then complete the transaction offline in order to circumvent your obligation to pay for the Service;
(l) submit any listing with a false or misleading price, or submit any listing with a price that you do not intend to honor; or
(m) advocate, encourage, or assist any third party in doing any of the foregoing.
The foregoing is merely a list of examples of prohibited conduct. Good Life Retreats reserves the right to cancel a user account or take other appropriate actions in its sole discretion in response to any inappropriate conduct, or for no reason at all.
2.2 Disputes with Other Users. You are solely responsible for your interactions with other Good Life Retreats users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
3. MINORS MAY NOT USE SERVICES.
You must be at least 18 years old to register to use the Services. By registering to use our Services, you represent that you are over 18.
5. YOUR CONTENT
5.2 Content Restrictions. You are solely responsible for any content that you submit, post or transmit via our Services. You may not post or submit any content that:
(a) infringes the copyright, trademark, or other intellectual property rights of any person;
(b) is defamatory;
(c) contains nudity or sexually explicit content, or is otherwise obscene;
(d) may disparage any ethnic, racial, sexual, religious, or other group by stereotypical depiction or otherwise;
(e) depicts individuals under 18 years of age;
(f) depicts or advocates the use of illicit drugs;
(g) makes use of offensive language or images;
(h) characterizes violence as acceptable, glamorous or desirable; or
(i) provides a link to any other websites.
5.3 No Obligation to Post Content. We have no obligation to post any content from you or anyone else. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.
6. THIRD-PARTY CONTENT.
In using our Services, you may be exposed to content and information from other users or third parties (“Third-Party Content”), either at our Site or through links to third-party websites. We do not control, and shall have no responsibility for, Third-Party Content, including material that may be unlawful, misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate the veracity of, and bear all risks associated with your exposure to, Third-Party Content, including without limitation, profiles of other users of our Services.
7.1 Fee Structure. In exchange for providing the Service, Good Life Retreats keeps a small portion of the host’s price of each stay. As a guest, you agree to pay the amount posted by the host with whom you have chosen to stay. As a host, posting a listing is free, but you agree to pay Good Life Retreats its then-current service charge for each guest’s stay. Some optional services or functionality may incur additional fees.
7.2 Payment Logistics. If you find a listing that you are interested in, you will be asked to provide your credit card information and billing address. We may obtain a pre-authorization for the total amount of the stay to ensure that you have the necessary amount of funds available to cover the transaction, but will not charge your card until the owner accepts the booking request. Alternatively we may charge you $1 to verify that the card works. If the host who posted the listing accepts your offer, your card will be charged for 50% of balance at the time of acceptance; if the posting user fails to respond or opts not to accept your offer, any charges will be refunded and the pre-authorization will be released. Good Life Retreats will remit the funds to the host, less Good Life Retreats’s service charge. A 2nd payment of the remaining balance will be due 30 days before booking unless otherwise noted during the booking process (based on owner’s request).
7.3 Cancellation and Refunds. If you cancel your reservation request, Good Life Retreats will return the funds to you in accordance with its cancellation policy.
7.4 Donations. Some hosts may pledge to donate a portion of the funds they receive to a particular cause or charity. We do not control, and will not take any responsibility or liability for, whether the host does in fact make the donation they pledged to make.
7.6 Taxes. Good Life Retreats does not act as an agent for any providers or users of hotel rooms, motel rooms, or other lodging or accommodations. Good Life Retreats merely makes available a marketplace for Hosts and Travelers to meet and arrange for accommodations. If Good Life Retreats owns or operates a hotel, motel, or other similar multi-unit lodging, a local tax may be payable by traveler in addition to the booking fee; tax will be remitted to local government. Good Life Retreats is not a contracting agent or representative of the Host or Traveler. Instead, Good Life Retreats’ role is solely to facilitate the availability of this marketplace for the Host and Traveler and to provide services related thereto, and any agreement for the use of any accommodations is solely between the Host and Traveler, and not Good Life Retreats. You understand that we are acting solely as an intermediary for the collection of rents and fees between you and any hosts or guests with whom you choose to enter into a transaction. We cannot and do not offer tax advice to either hosts or guests.
7.7 Damages. As a guest, you are responsible for leaving the property in the condition that it was given to you. In the event that a host claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given 48 hours to respond, the payment will be taken from the credit card on file. If we are unable to charge the card on file, you will be required to remit payment.
8. PROPRIETARY RIGHTS
8.1 Our Intellectual Property. Material on our Site (with the exception of Third-Party Content) is protected by rights of publicity, copyright, trademark, trade secret, and other proprietary rights and intellectual property laws as applicable. Except as expressly authorized by us, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material. “Good Life Retreats,” and “www.Good Life Retreats.com” are trademarks of Good Life Retreats protected by federal and state law; you agree not to use such marks for any purpose, including but not limited to as metatags on other websites, in written materials or otherwise.
8.2 Your Use of Our Intellectual Property. You may not systematically retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise. You may not display any portion of our Site in a frame (or any content from our Site through in-line links) without our prior written consent, which may be requested by contacting us at help@Good Life Retreats.com. You may, however, establish ordinary links to the homepage of our Site without our written permission, and you may make use of embedded HTML “widgets” if we have provided the HTML code.
9. USERNAME AND PASSWORD.
You will select a username and password as part of the registration process. You are solely responsible for the confidentiality and use of your username and password. You must: (a) log off from your account at the end of each session on our Site; and (b) notify us immediately of any unauthorized use of your username and password or any other breach of security.
10. TERMINATION. We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to our Services, (b) deactivate or delete any of your accounts and all related information and files in such accounts and (c) bar your access to any of such files or Services. Upon termination we will promptly pay you any hosting fees held in escrow and due to you, less our Service Fee.
11. MODIFICATION OF SERVICES.
We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
12. LEGAL COMPLIANCE.
You shall use our Services in a manner consistent with any and all applicable local, state, national and international laws and regulations.
13. DISCLAIMER OF WARRANTIES
13.1 IF YOU USE OUR SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT Good Life Retreats DOES NOT CHECK ANY GUEST, HOST, OR OTHER USER’S BACKGROUND OR RECORD. Good Life Retreats IS A REPUTATION-BASED SYSTEM. TAKE ADVANTAGE OF OTHER USER’S COMMENTS AND THIRD-PARTY REFERRALS ON HOSTS AND GUESTS. USE COMMON SENSE. BE AWARE AND BE SAFE. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13.2 WE DO NOT WARRANT THAT (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH OUR SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
13.3 IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION.
13.4 NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
14. LIMITS ON LIABILITY
14.1 WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO: (A) THE USE OR INABILITY TO USE OUR SERVICES; (B) ANY HARM TO YOU CAUSED IN WHOLE OR PART BY A THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANOTHER USER OF THE SERVICES; (C) STATEMENTS, CONDUCT OR OMISSIONS OF ANY GUEST, HOST, OR OTHER THIRD PARTIES ON OUR SERVICES; OR (D) YOUR OR ANYONE ELSE’S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION FROM INTERACTIONS WITH OTHER USERS OF OUR SERVICES OR PERSONS INTRODUCED TO YOU BY OUR SERVICES, WHETHER ON-LINE OR OFF-LINE.
14.2 WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF NATURE AND POWER, INTERNET, AND EMAIL DISCONTINUITY.
14.3 EXCEPT AS SET FORTH IN SECTION 18, IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO WITH OUR SERVICES OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED U.S. DOLLARS ($100).
You shall indemnify and hold us (and each of our officers, directors, and employees) harmless from any third-party claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to your use of our Services or alleging facts or circumstances that, if true, could constitute your breach of any of these Terms. We will control any such defense and related settlement and you will reasonably assist us therewith at your expense.
16. REPORTING MISCONDUCT.
If you stay with an owner who who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, who you suspect of stealing from you, or who engages in any other disturbing conduct, you must immediately report such person to the appropriate authorities and then to us by contacting us with your police station and report number at help@Good Life Retreats.com; provided that your report shall not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
17. JURISDICTION AND VENUE.
These Terms shall be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law principles. You and we agree to submit to the personal jurisdiction of a state court located in San Diego, California Any action brought against Good Life Retreats shall be venued in San Diego, California.
18. ATTORNEY’S FEES.
The prevailing party in any action brought under this agreement shall be entitled to reasonable attorney’s fees and costs.
These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. We may assign our rights and delegate our obligations under these Terms in whole or part to a third party. Headings of sections are for convenience only and shall not be used to limit or construe such sections. Sections 1.4 (Release), 4 (Privacy), 5.1 (License), 6 (Third-Party Content), 7 (Payment), 8 (Proprietary Rights), 14 (Limits on Liability), 15 (Indemnity), 17 (Jurisdiction and Venue), 18 (Attorney’s Fees), and this Section 19 (Miscellaneous) shall survive any termination or expiration of these Terms.
Please contact us at support@GoodLifeRetreats.com with any questions regarding these Terms.