Terms and Conditions
Introduction. Please read these terms and conditions (hereinafter the "Terms and Conditions") carefully before using thepointretreats.com website (hereinafter this "Website") operated by The Point LLC, a Minnesota limited liability company ("us", "we" or "our").
These Terms and Conditions govern your use of this Website. It is your responsibility to review the Terms and Conditions. By accessing this Website, you agree to be bound by these Terms and Conditions. If you disagree with any part of the Terms and Conditions, or any subsequent modifications thereto, you must not access or use this Website.
You must be at least 18 years of age to use this Website. By using this Website and by agreeing to these Terms and Conditions you warrant and represent that you are at least 18 years of age.
Modification. These Terms and Conditions may change from time to time without prior written notice. Please check this page regularly to ensure you are familiar with the current version. Your continued use of this Website shall constitute acceptance of the then published Terms and Conditions.
Cancellation, Refund, and Exchange. Your credit card or PayPal account will be charged for your registration fee at the time of your registration. Much planning and effort goes into preparing for your stay at The Point. As such, your registration fee is non-refundable, except as further stated below.
All Rights Reserved. We own the intellectual property rights in this Website and material on this Website. All these intellectual property rights are reserved. You may not (i) republish material from this Website; (ii) sell, license, or sub-license material from this Website; or (iii) reproduce, redistribute, duplicate, copy or otherwise exploit or modify material on this Website for a commercial purpose.
Restricted Uses. You may not use this Website in any way that causes, or may cause, damage to this Website or impairment of the availability or accessibility of this Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You may not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You may not conduct any systematic or automated data collection activities on or in relation to this Website.
You may not use this Website for any purposes related to marketing without our express written consent.
Disclaimer. We try to ensure all our information is reliable, but we do not guarantee its validity or accuracy. We are not responsible for any errors or omissions and we do not warrant that the information on or provided through this Website is complete, true, accurate or non-misleading.
This Website and any material provided through it are provided on an "as is" basis without any representations or warranties, express or implied. We do not guarantee the improvement or cure of any medical diagnosis, symptom, malady, disease, illness, injury, or other health condition.
If you have medical or health concerns about any of the services, tools, instruments, or products we use or provide, you are encouraged to consult a medical professional of your choosing. We are not medical doctors.
WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR SUITABILITY OF THIS WEBSITE AND ANY INFORMATION PROVIDED THROUGH IT. FURTHERMORE, WE DO NOT WARRANT THAT THIS WEBSITE WILL BE CONSTANTLY AVAILABLE OR AVAILABLE AT ALL.
Third-Party Links. From time to time, this Website may contain links to websites that are not owned, operated or controlled by us. All such links are provided solely as a convenience to you. We are not responsible for any content, materials or other information located on or accessible from any other website. Neither do we guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.
Indemnity. You agree to indemnify and hold us (and our owners, members, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your use of this Website, (ii) your violation of these Terms and Conditions; or (iii) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of us. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Liability. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES) FOR ANY TORT, CONTRACT OR ANY OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR RELIANCE ON INFORMATION PROVIDED THROUGH THIS WEBSITE. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, AND EVEN IF WE HAVE BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY LOSS OF PROFITS, GOODWILL, USE OR OTHER INTANGIBLE LOSSES, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, RESULTING FROM: (i) THE USE OF OR INABILITY TO USE THIS WEBSITE; (ii) THE ACCURACY OF ANY INFORMATION RELATED TO OR PROVIDED THROUGH THIS WEBSITE, INCLUDING ANY ERRORS OR OMISSIONS CAUSED BY OUR OWN NEGLIGENCE; (iv) THE COST OF OBTAINING SUBSTITUTE PRODUCTS OR SERVICES RESULTING FROM ANY PRODUCTS, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM OR IN RELIANCE UPON THIS WEBSITE; OR (v) FOR ANY OTHER CLAIM BY YOU OR ANOTHER PARTY RELATED TO THIS WEBSITE OR INFORMATION PROVIDED THROUGH THIS WEBSITE.
IN NO EVENT SHALL OUR LIABILITY UNDER THIS AGREEMENT, IF ANY, EXCEED THE REGISTRATION FEE PAID BY YOU.
By using this Website, you agree that the exclusions and limitations of liability set out in these Terms and Conditions are reasonable. If you do not think they are reasonable, you must not use this Website.
Breach of Terms and Conditions. Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to this Website, prohibiting you from accessing this Website, blocking computers using your IP address from accessing this Website, contacting your internet service provider to request that they block your access to this Website, and bringing court proceedings against you.
Severability. If any provision of these Terms and Conditions is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these Terms and Conditions.
Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Minnesota, U.S.A., without regard to choice-of-law principles that may result in the application of the laws of another state. Any dispute between the parties arising under or relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the United States District Court for the State of Minnesota or the State courts sitting in the County of Washington. You hereby agree to submit to the jurisdiction of, and agree that venue is proper in, those courts in any such legal action or proceeding.