GENERAL TERMS AND CONDITIONS OF KABU RETREAT
1. KabU Retreat Registration Terms
By clicking the appropriate online button to complete your purchase for the KabU Retreat, Customer (or “you” or “your”) is agreeing to all the Terms and Conditions herein (the “Terms”).
2. Acceptance of the Terms of Use
These terms of use are entered into by and between You and Bnei Baruch America, Inc. (“Bnei Baruch America,” the “Company,” “we,” “us,” or “our”), a non-commercial, public benefit, charitable and educational, nonprofit incorporated in the state of Missouri, United States, and is described as a public charity under sections 501(c)(3) of the United States Internal Revenue Code. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms and Conditions”) govern your access to and use of https://retreat.kabbalah.info/) and registration and participation in the KabU Retreat, including any content, functionality, and services (collectively “Services”) offered on or through the “KabU Retreat” website (https://retreat.kabbalah.info/), and includes your registration to the KabU Retreat, use of the KabU materials, programs, and KabU brand (collectively “Website”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website and/or signing up to the KabU retreat, you accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://retreat.kabbalah.info/privacy-policy-retreat/ , incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website and you must not sign up to the KabU Retreat.
3. Payment
Customer agrees to terms of payment. Customer tuition must be paid in full at time of completion of this online transaction.
4. Transfer, Default, Cancellation, Termination, and Damage Fees
Transfer: For one time only, Customer may transfer the event enrollment for KabU Retreat from the originally purchased event date to the next desired and available date, without any additional charge. Additionally, Customer may transfer their event enrollment to a. In order to transfer, you must do so by notifying the Company in email at support@kabuconnect.com. Enrollment is on a first come, first serve basis determined by the date of enrollment. If Customer chooses to transfer, Customer will relinquish priority standing in the event for which Customer enrolled.
Default: Customer’s account must be current pursuant to these Terms before the start of each KabU Retreat event. If Customer does not pay at the time of this online transaction is complete, then Customer will be considered to be in default of this Agreement, and Customer’s participation in any event will not be available until the account becomes current. If the account remains in default for 30 days, this agreement will be canceled and Bnei Baruch America will reserve the right to collect Damages Fees.
Cancellation: Customer may cancel this transaction without penalty or obligation by submitting to Bnei Baruch America a signed and dated written notice prior to midnight of the third business day after the online purchase and prior to the commencement of the event. Notice must be emailed to support@kabuconnect.com. Faxed notices will not be accepted. Refunds will be issued within 4-6 weeks based on original method of payment. After the third business day, Customer may cancel this transaction in the same manner as noted above and will be subject to a 20% Damages Fee of the ticket price paid by the customer, since it would be extremely difficult and impractical to assess actual damages suffered by the company in the event of Customer’s cancellation.
No-Show: No refund will be provided if Customer fails to both 1) attend the confirmed event within the time period allotted and 2) obtain advance written consent from Bnei Baruch America.
5. General Provisions
Warranties: Customer acknowledges that Customer is not relying upon any warranties, promises, guarantees or representations made by the Company or anyone acting or claiming to act on behalf of the Company unless it is in writing signed by a designated and authorized Bnei Baruch America representative. All advertising material and all prior representations or agreements, if any, whether oral or written, are hereby superseded by these Terms. These Terms contains the entire understanding and agreement between Customer and Company, and no addition or modification of any terms shall be effective unless set forth in writing and signed by Customer and Company.
Terms and Conditions: Customer’s approval and execution of this Agreement, including all the Terms herein, will be required prior to the commencement of any event.
Dates, times, locations, and structure of the KabU Retreat are subject to change, including without limitation, modifying the KabU event from a hybrid event that includes live, in-person and virtual participation, to a digital virtual only KabU Retreat with no live attendance. If such a case occurs, participants will be issues a refund for the amount of the ticket price difference from what they paid to the cost of the virtual ticket. For example, if a customer singed up and paid the early bird price for a In person ticket and the event was then made to be virtual only, that customer will be issued a refund on the price difference between the amount they paid $379 to the price of an early bird virtual ticket at $99. In this scenario the customer will be issued a $280 refund.
The Company reserves the right to terminate this enrollment for any reason it deems appropriate. Tuition credits and refunds will be reviewed on a case-by-case basis.
Assignment: This agreement may not be assigned to another individual or entity without express written approval of Bnei Baruch America.
Personal Use and No Recording: You understand and agree that all written and/or electronic materials provided by the Company in connection with the KabU Retreat event are protected by the copyright laws, and you agree not to use any and all such written/electronic materials (collectively, the “Materials”) in any form after the KabU Retreat, other than for your personal use. You further agree that, other than for your personal use, you shall not make any summary or other derivate work of the KabU Retreat or the Materials in electronic, written, audio, video or any other form, and post or publish online or otherwise distribute to any third parties any such summary materials.
6. Health and Covid
I AM AWARE OF THE COVID-19 PANDEMIC AND RELATED GOVERNMENTAL ORDERS, DIRECTIVES AND GUIDELINES (COLLECTIVELY “DIRECTIVES”), INCLUDING DIRECTIVES FOR FREQUENT HAND WASHING, SOCIAL DISTANCING AND USE OF FACE MASKS IN PUBLIC LOCATIONS OR OTHER SETTINGS/GATHERINGS. I AM AWARE THAT THE EVENT MAY BE HELD IN A LOCATION OF A GROUP GATHERING DURING THE COVID-19 PANDEMIC. I AM AWARE THAT I COULD BE INFECTED, SERIOUSLY INJURED OR EVEN DIE DUE TO COVID-19. I AM VOLUNTARILY ATTENDING THE EVENT WITH KNOWLEDGE OF THE DANGER INVOLVED AND AGREE TO FULLY AND SOLELY ASSUME ANY AND ALL RISKS OF SICKNESS, BODILY INJURY, DEATH OR PROPERTY DAMAGE, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN.
7. Qualifications for Use
This Website and the registration to the KabU Retreat is offered and available to users who are 18 years of age or older. The subject matter and materials of the Website and KabU Retreat are intended for individuals of sound mind, healthy psychological constitution, and good mental health. The Company is committed to your well-being and the well-being of all its users. The Company reserves the right to cancel, terminate, or otherwise refuse the use of the Website and any related services including registration to the KabU Retreat, when in the Company’s sole discretion the Company determines that a user’s use of the Website or use or participation in the Company’s KabU Retreat would potentially be psychologically, mentally, spiritually, physically, or otherwise injurious to you or to other users. By using this Website and signing pu to the KabU Reatreat, you represent and warrant that you are of legal age to form a binding contract with the Company, meet all of the foregoing mental health eligibility qualifications, and agree to comply with the Company’s determinations regarding your qualifications to use the Website and the Company’s services. If you do not meet all of these qualifications, you must not access or use the Website.
8. General Release
In consideration of my participation in the KabU Retreat, I hereby generally release the Company and its agents, representatives, employees, promoters, vendors, contractors, successors, assigns, insurers and affiliated companies for any and all liability whatsoever related to the Company’s negligence, negligent conduct or omissions, or my participation in this seminar.
Having been so apprised, I hereby elect to and do assume the risk for claims heretofore or hereafter arising, known or unknown, from this Release and from my participation in the Retreat. I acknowledge that I have been given the opportunity to ask questions regarding any aspect of the release contained herein, and by signing below, do acknowledge that I have carefully and completely read and fully understand all aspects of the releases and agree to the terms in their entirety. By participation in or attending the KabU Retreat Virtually, I expressly agree not to record by audio, video, photography or any other means, any portion of this seminar, post on the internet or otherwise make publicly available any recording of any portion of this KabU Retreat.
9. Media Release
During the KabU Retreat, video images, movies, photographs and audio recordings will be made by the Company, their agents or authorized independent contractors. As a result of my participation in the KabU Retreat, either in Person or Virtually, I may be included in any such video, movie, photographic or audio reproduction. Any and all of said reproductions are the exclusive property of Bnei Baruch America and Bnei Baruch America is the exclusive copyright owner. I shall have no claim, right or interest to any of these recordings or reproductions and my registration and attendance of the event grants permission to the Company to use any of said recordings and reproductions in any responsible manner, including, but not limited to, promotional materials and commercial purposes. Such uses shall include and not be limited to commercial product, television infomercial, audio, CD and/or video tapes, internet and/or wireless transmission. These rights shall belong to the Company in perpetuity. All video, audio, photographic and written material purchased by or provided to me during the KabU retreat is protected by the copyright laws of the United States and other countries.
By registering and paying for the KabU Retreat, I acknowledge that if anyone is hurt or property is damaged during my participation in these activities, I may be found by a court of law to have waived my right to maintain a lawsuit against Bnei Baruch America on the basis of any claims from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. I acknowledge that if anyone is hurt or property is damaged during my participation in these activities, I may be found by a court of law to have waived my right to maintain a lawsuit against the Company on the basis of any claims from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms
10. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT OR PRODUCT OR SERVICE IN THE LAST TWELVE MONTHS OUT OF WHICH LIABILITY AROSE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
13. Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Missouri in each case located in the City of St. Louis and County of St. Louis although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
14. Arbitration
At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Missouri law.
15. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
16.Force Majeure
We shall not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, regulations, or prohibitions,, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, pandemics, epidemic, lockouts, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage, provided that, if the event in question continues for a continuous period in excess of seven days, you shall be entitled to give notice in writing to us to terminate this Agreement.
17. Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
18.No Third-Party Beneficiaries
This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
19. Entire Agreement
The Terms of Use, and our Privacy Policy, and Sales Confirmation, and Community Guidelines constitute the sole and entire agreement between you and Bnei Baruch America, Inc. regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
20. Your Comments and Concerns
This website is operated by Bnei Baruch America Inc. 7253 Watson Rd, Suite 1031, Saint Louis, MO 63119.
All notices of copyright infringement claims should be sent to the Company at the above address.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: kabu@kabbalah.info
