These Terms of Use (“T.O.U”) concern your use of the website with URL www.CoastalCliffs.com (hereafter “Website”) including without limitation all Products, Services and Content provided via the Website or on the Website.
Ownership of Website
The Website is provided by Patrick Dague and the Website is the sole and exclusive property of Patrick Dague, who may also be referred to herein as “the Website owner”.
Your Acceptance of Terms of Use (T.O.U.) is Required
Your access to and use of the Website, including without limitation all Products, Services and Content offered or available on the Website or via the Website, as may be further defined herein below, requires you to accept and comply with these T.O.U. so please read them carefully. Failure to read and understand these T.O.U. will not relieve you of your obligation to comply with them.
Sole Remedy if Dissatisfied
If at any point and for any reason whatsoever you not happy with the Website, the content on the Website or any of the Products, Services and Content provided via the Website or on the Website, or dissatisfied in any way whatsoever with these T.O.U., or both, you expressly agree that your sole and exclusive remedy is to stop using the Website.
Website Use by Adults and Minors
You must be a legal adult or an emancipated minor to use the website, except however persons who are at least 13 years old you may use the Website under the direct supervision of a parent or legal guardian, or under the direct supervision of a responsible adult, age 18 or older, who is authorized to supervise the use of the Website by a child’s parent(s) or legal guardian(s). Such use by a person who is at least 13 years old but not yet 18 years old is limited to the “Spirituality for Teens” content that is available via the Website.
A person who is at least 13 years old but not yet 18 years old may not book a short-term rental (BnB) stay, nor book any attendances at a spiritual retreat offered via the Website, nor are they allowed to buy merchandise offered on the Website or purchase and use any services that are or
may be offered via the Website. Persons under the age 13 may not use the Website.
Use is at Your Own Risk
Your use of the Website is at your own risk; if you don’t agree to this requirement you may not use the Website.
Representation of Legal Capacity, Ability & Authority
By using the Website you are representing that you have the legal capacity, ability and authority
to accept and comply with these T.O.U.
These T.O.U. may be Changed Without Notice by Owner
Patrick Dague as the Owner of the Website expressly reserves the right to change or amend these T.O.U. at any time and without any prior notice whatsoever, or he may authorize his employees, agents or assigns change or amend it, and any such changes will be, and are, automatically made a part hereof and are then made immediately and fully enforceable on you as a user of the Website.
Definition of Products, Services and Contents
The terms “Products, Services and Contents” include, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Website.
Products, Services and Contents are Copyright Protected
The Products, Services and Contents on or available through the Website is / are all protected by copyrights, trademarks, service marks, trade secrets, and/or other proprietary rights and laws, including all intellectual property rights whether or not those rights are registered.
All Rights Reserved
Patrick Dague reserves all applicable rights to the Website and its Products, Services and Contents.
Limited License for Use
Patrick Dague grants you, as a Website user, a limited license to use the Website. The permission granted includes his permission for you to use, own and display for your personal use, and only for your personal use, any downloadable merchandise, pictures, videos or other Products, Services and Contents on the Website. This limited license for use applies to both free and paid Products, Services and Contents.
Copyright Notice on Downloaded Products, Services and Contents
You are required to clearly display copyright notices on downloaded Products, Services and Content and keep required to all such notices fully intact so that its clear meaning is evident to any person who may see it.
No Right to Disseminate or Sell or Resell Products, Services and Contents
Patrick Dague expressly retains all rights to sell or resell Products, Services and Contents of the Website and no such right is given to you. You may however use any of the Website Products, Services and Contents for your own benefit and enjoyment.
Basic Prohibitions
You may not: (i) reverse engineer, decompile, tamper with, or create derivative works of the Website or its Products, Services and Contents; (ii) change, modify, or alter the Products, Services and Contents of the Website; (iii) use the Website for any commercial or illegal purpose; (iv) use the Website to violate any legal rights of any third party that is in any way associated with the Website as a user, vendor, employee or agent; (v) duplicate, reproduce, publish, display, distribute, or create derivative works of the Products, Services and Contents of the Website, except for downloads that are intentionally made available thereon; (vi) make any use of the Website Products, Services and Contents in violation of any state or federal law in the United States of America, or in violation of the laws of any other country; and (vii) make use of the Website and its Products, Services and Contents for any purpose not expressly provided for herein.
Code of Conduct at Events and Retreats
You agree to respect the privacy of others you may interact with at events or retreats made available via the Website. Moreover, you expressly agree that if you interact with others at any event or retreat sponsored, offered or made available via the Website that you will interact with all such others in a reasonable, respectful and socially acceptable manner. You further and expressly agree that you will not repeat or share with any persons anything that may reasonably be considered to be confidential in nature about any other person you may interact with via the Website or as a result of attending events, retreats or gatherings made available on or through the Website.
Respect of Rights, Copyrights and Trademarks
You agree to respect the rights of others who may submit documents, photographs or materials to the Website and you expressly agree that that no materials of any kind submitted or otherwise created, used, posted, transmitted, or shared by you or others through you on or through the Website will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material.
You Agree Not to Deliberately Harm the Website
You agree not to take any actions, lawful or unlawful, that you know or reasonably expect will in any way damage, disable, overburden, or impair the Website or the intellectual property rights owned or licensed for use on the Website, including software viruses or code, files, or programs that can interrupt, destroy, or limit its functionality.
Money Payments and Contributions & Disclosures
When using a credit card to make a purchase on the Website or a monetary contribution on the Website you authorize a charge to your credit card that includes both payment for content delivered or payment for a contribution, plus payment for all applicable taxes or other duties or
levies that may be payable at the time of such payment or contribution, including any and all credit card charges or service fees that may be assessed by the credit card company used. You further authorize the use a third party to process payments, and consent to the disclosure of your
payment information to such third party.
Notice of Violation of a Copyright You Own on Our Website.
We fully comply with all copyright laws, including the Digital Millennium Copyright Act (“DMCA”). If you believe any of the Products, Services and Contents of the Website violate a copyright that you own or control please, immediately upon discovery of the violation, tell us about it using the submission form on the Website, or mail a letter to us with all necessary details, and we will in a timely manner then take all necessary steps to resolve the matter. The mailing address to use if such notice is sent via U.S. Mail is:
Coastal Cliffs
Attn: Patrick Dague
1043 Chetco Ave, PMB 228
Brookings, Oregon 97415
If you find it necessary to make such a notification please provide information that will allow us to contact you in expedient manner, including your mailing address, telephone number and an email address at which you may be contacted.
Third Party Sites, Content and Services Disclaimer
The Website may contain links to or redirect you as a user to other websites, including websites with information or materials offered by other spiritual teachers, or others, and content and videos on websites such as such as YouTube. Patrick Dague and his agents, employees and assigns disclaim any and all responsibility and liability for negative consequence that may result from your use of such links on the Website, including if you are redirected online away from the Website to another URL, any harm or damages you may suffer as a result. Permitting the use or installation of such links on the Website to other websites or videos, video content platforms or PDFs, documents or any other online content is not in any way intended to provide a guarantee by the Website owner that you will find them valuable. Moreover, Patrick Dague and his
employees, agents and assigns absolutely and expressly disclaims any and all liability for any loss, harm or damages that may happen as result of connection to a link to another website, web page or video, or any other online of offline content or service to which you may be directed or learn about as a result of using the Website.
Privacy Policy
There is a separate link to our Privacy Policy on the Website. The information we obtain through your use of the Website is subject to our Privacy Policy, which Privacy Policy is expressly incorporated by reference into these T.O.U.
Terminate Your Access
You agree that the Website owner, his agents, employees or assigns may, at his or their sole discretion, terminate your access to the Website, with or without notice, and for any reason, including breach of these Terms, or with no reason stated.
The Owner will Report Fraud
The Website owner will report any suspected fraudulent, abusive, or illegal activity to appropriate legal authorities.
No Warranty Express or Implied
You agree that the Website and all Products, Services and Contents on the Website or obtained via or through your use of the Website are provided without warranty of any kind or nature whatsoever, whether express or implied.
No Guarantee of Benefits or Accuracy
The Website owner provides certain Products, Services and Contents in good faith, but expressly does not guarantee the beneficial nature of any of them nor does he guarantee accuracy of any information provided on or through the Website. Your use at your own of all Products, Services and Contents on the Website includes therefore the risk of no benefits and the risk that inaccurate information may have been disseminated via the Website.
Website Does Not Provide Professional Advice
The Website is neither a substitute for a mental health therapist, nor a substitute for any other professional help and advice you as the user may want or need. The Website owner, his agents, employees and assigns absolutely and without exception disclaim any liability to you from any loss, harm or damages you may incur that result from an inference by you, or any belief on your part, that mental health services of any kind, or professional services of any kind, including those services that required the provider to be licensed in one capacity or another, and further including all unlicensed services, help or assistance of any kind or nature whatsoever. Any such loss, harm
or damages caused as a result of your reliance on information obtained through the Website are thus your sole responsibility and if you are unwilling to accept that responsibility you may not use the Website.
You Agree to Accept Responsibility
You agree that it is your sole responsibility, and not in any way whatsoever the responsibility of the Website owner, his employees, agents or assigns, to evaluate for you the accuracy, completeness, or usefulness of any and all information, opinion, advice, or services offered via the Website, including without limitation all Products, Services and Contents available or offered via the Website.
Indemnification
You agree to, and hereby do, indemnify and hold the Website owner, employees, agents, assigns, including his subsidiaries, affiliates, managers, business officers, business agents, contractors, partners and assistants (whether paid or unpaid by the Website owner) harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of these T.O.U. or in connection with any use of the Website or Services including, but not limited to, any damages, losses, or liabilities whatsoever with respect to or arising from the possession, use, or operation of the Website or Services.
Severability
If any of the provisions in these T.O.U. are found to be unenforceable or illegal, the rest of these T.O.U. except for the terms in the T.O.U that are not enforceable under law shall remain in full force and effect.
No Waiver for Failure to Enforce
A failure by the Website owner to enforce any single term, part or section of these T.O.U. is not a waiver of the single term, part or section of these T.O.U. that was not enforced, and the owner of the Website, or his employees, agents or assigns may therefore subsequently enforce it, or them, even if the single or multiple T.O.U. were not initially enforced when discovered.
Dispute Resolution
You agree to address all of your claims through good faith good faith up-front negotiation and to do you’re your best resolve it if possible via such good faith up-front negotiation. You acknowledge that the resolution process requires you to start the process by contacting the owner of the Website as herein above required and you agree to do so. Any dispute, controversy, or claim arising out of or related to these Terms, or the breach thereof, which cannot be resolved by good faith negotiation between the parties shall be settled by confidential binding arbitration by any third party dispute resolution attorney registered with the American Arbitration Association selected by either party and approved by both parties, except however if two such attorneys are rejected by you as being the arbitrator for any dispute the Website owner may then select an attorney registered with the American Arbitration Association and that attorney will be the arbitrator unless he or she has a conflict of interest, in which case the Website owner shall select a different attorney registered with the American Arbitration Association to handle the arbitration.
Controlling Law
These Terms of Use shall be governed by the laws of the State of Oregon with venue, if court proceedings are brought, to be a court of competent jurisdiction in Medford, Jackson County, Oregon.
Entire Agreement
These Terms of Use (T.O.U.) represent the entire agreement between you as a user of the Website and the owner of the Website, including his employees, agents and assigns, and it expressly supersedes all prior understandings, promises, and undertakings, if any, made orally or in writing with respect to the subject matter hereof.
You Have No Right of Assignment You may not assign any of these Terms of Use (T.O.U.) to a third party. The Website Owner Has Full Right of Assignment
The Website owner may assign all or any portion of these Terms of Use (T.O.U.) to a third party in his sole discretion. No modification, amendment, waiver, termination, or discharge of any portion of these Terms shall be binding unless executed and confirmed in writing by the Website
owner.
Contact
If you have any questions regarding these T.O.U please contact the Website owner using the submission form on the Website, or mail a letter to us with all necessary details concerning your question(s) to him. The mailing address to use is:
Coastal Cliffs
Attn: Patrick Dague
1043 Chetco Ave, PMB 228
Brookings, Oregon 97415
Thank you
The Website owner and his employees, agents and assigns thank you for reviewing these T.O.U. and agreeing to them, or in the alternative they thank you for reviewing these T.O.U. and then immediately closing the Website and making no use, or no further use, of the Website and of the Products, Services and Contents offered on or via the Website if you have found that you do not agree to these Terms of Use or with any particular single term or group of terms in these Terms of Use.
Terms of
Use
PRIVACY POLICY
Privacy
Policy
The words “you” and “your” refer to you as a person or entity who is accessing or using the Website or who is a participant in any retreat offered via the Website, or who is a short-stay (BnB) guest at any property referenced or reserved via the Website.
You are encouraged to read and understand the information presented here before using the Website and before submitting any personal information.
Requirement to Agree to Privacy Policy Terms
You are required to agree to the terms of this Privacy Policy, and each such term, as a condition of using the Website. If you do not agree to these terms, or any particular term or group of terms herein, your sole and exclusive remedy is to immediately stop using the Website. There is no other remedy available to you if you disagree in any way with this Privacy Policy or with any of the terms and conditions stated herein.
Privacy Policy - General Discussion
This document discusses and discloses how the Owner uses certain personal information you might send via the Website or via any other format such as print, email or information. These privacy disclosures also concern personal information you may transmit to us in any other way, or submit to Website affiliates when visiting the Website, making purchases on the Website, reserving a stay at a retreat on the Website, reserving a stay as a short term guest using the Website, downloading videos, documents or information from the Website or doing business or interacting in any other way with the Website or with other websites, video platforms or documents or information that may be linked to the Website, including without limitation both free and paid documents, information, videos and services.
Can-Spam Act Compliance
This document also discuses how the Owner operates the Website to stay in compliance with the Can-Spam Act (“the Act”), particularly as that relates to policies regarding the use of email to communicate with you.
You Have the Ability to Opt-in and Unsubscribe
The Website and all of Website partners, affiliates, associates and any sponsors who may request your email and other information must do so only via an opt-in or opt-out method of obtaining customer information. The Owner does not and will not send unsolicited email. Moreover if the Owner obtains email addresses and personal information from third parties he requires those third parties to comply with the Act. That compliance requires that any and all emails sent have information about the origin of the emails and instructions on how recipients can unsubscribe from receiving future email messages.
This Privacy Policy Can be Changed without Notice
You agree that that this “Privacy Policy” is subject to changes and updates at any time. If and when that happens it will be accomplished, with or without notice, by posting updates to this online page which will be effective immediately when so posted, regardless of whether or not you have been made aware of the change(s) or update(s) so posted.
When Received We Own Information You Provide
When using the Website you are advised that the information you transmit to us via any kind of media, including online, printed or in any other fashion that is sent via the Website or sent with the intention that it be included on the Website or which is related in any reasonable way to the Website, such as an emailed update sent to our admin or support staff, shall be deemed to be, and in fact becomes at the time of it’s receipt, and then is, our property. As a result thereof we are free to then use it for any lawful purpose, as further discussed and disclosed herein.
Disclaimer of Responsibility for Privacy on Other Websites
The Website may presently or later have links to other online resources and websites. However we expressly disclaim any responsibility for the privacy practices or the content of any other websites or online resources which may be linked, connected with, related to or referred to by us.
Compliance with Legal Orders and Subpoenas
The Owner reserves the right to release information we have received or lawfully obtained, if ever asked to do so, to the aforesaid officials and to do so as we, in our sole and absolute discretion, may then deem necessary so that we remain in compliance with the law.
Privacy Policy Specifics
Part A: Unsubscribe and Opt-Out Rights and Methods
The easiest way to “Opt-Out” with regard to not getting communications from us and/or our partners, associates and affiliates via email or in any other fashion is simply by not submitting your information. However, should you submit your information to us via a webform, e-mail or any other media format and then desire to be removed from our marketing lists you may “Opt-Out” simply by clicking the “Unsubscribe link” which we will typically always include when in communication with you. To remove yourself and your information from our marketing lists simply click on the Unsubscribe link which will be at the bottom of virtually every email we send you.
You can also opt-out by sending a written request to us at this address:
Coastal Cliffs
Attn: Patrick Dague, Owner
1043 Chetco Ave, PMB 228
Brookings, Oregon 97415
Unsubscribing Without an Unsubscribe Link. You agree that we may occasionally send emails to you via Gmail or Outlook with no “Unsubscribe” link included. In such event you can still easily “Opt-Out of receiving more emails where we use that particular email service by sending a reply with the words “Opt-Out” in the subject line.
Part B: Types of Information We Collect and Use
We now or may in future automatically collect and/or track the following: (i) information you provide via on-line forms, including registration forms, surveys, email, and/or other entries, such as email addresses, personal, financial or demographic information; and (ii) technical information related to providing better services to Website visitors, such as the kind of online device you used to access the Website, IP address, the names and / or locations of servers used in connecting with the Website, web browser used, and without limitation other such information that is in compliance with law and which in our sole opinion may reasonably assist us in our efforts to provide good products and services to the users of the Website; and (iii) information related to user specific or user-aggregate use of the Website, including what pages our visitors access; and the e-mail addresses of visitors that communicate with us via e-mail.
Part C: How We Use Information & Data Gathered
As noted above, we use the information we receive and collect, including certain types of personal, demographic and profile data reasonably related to the products and services offered and provided via the Website, to improve the experience that you and other end-users have when visiting the Website. One of those uses may from time to time include informing you about information, content, products and/or services that we or an associate or affiliate has available and which we believe may be of interest to you. From time to time we may also use any personal, demographic and/or profile data we gather from you and others to improve the overall operation of the Website. That may include, without limitation, using it to help us with our marketing efforts and related purposes. Moreover, as a result of what we learn by review and analysis of that information we may at times contact you and/or others via email and potentially via other websites such as Facebook. We also use the information to help us provide feedback to any of the affiliates, associates or advertisers we may work with at times.
The information we gather and keep and will most typically be kept in private and protected databases for current and possible future use, potentially and again without limitation to include e-mails, display ads, regular mail via the post office, telemarketing and SMS text-messaging. Such marketing and promotional uses will most typically, but without limitation, concern existing and new products and/or services, upcoming seminars, webcasts and other events, and the current status of orders placed online or via email if they are not immediately delivered. By using the Website you agree to the uses of the information collected, as described and disclosed hereinabove, and specifically agree that we may contact you or provide information to you via any phone or text number you may voluntarily provide to us, even if your number is found on a do not call registry, an in-house or purchased list, or any similar registry. Should you later inform us of a desire not to be contacted via a particular phone number we will, without in any way waiving the uses of information you have herein agreed to and without creating liability for us in any way whatsoever (including non-compliance should that happen) make efforts that are, in our sole discretion, both reasonable and responsive to such a request.
Part D: Information We May Disclose to Third Party Entities
In keeping with the discussions and disclosures herein, we may from time to time share information and data collected via the Website and other means referenced with third party entities that we, in our sole discretion, and only after prescreening is done as may be reasonably necessary and prudent in our sole discretion and to our satisfaction. In this regard we reserve the right to share, rent, sell, or otherwise disclose data we collect to such third party entities that we have determined are reputable, and will share, sell or disclose such personal data for marketing products and services that we, in our sole judgment and businesses discretion, believe you may consider to be helpful or otherwise of interest.
Part E: Children May Not Submit Their Personal or Other Information
The Website is not intended for unsupervised use by people under 18 years of age.
As noted in our “Terms of Use” documentation on the Website children between 13 and 17 years old may use the Website under the direct supervision of a parent, legal guardian or an adult authorized by a child’s parent or legal guardian to directly supervise a child in that age group who uses the Website. Such use by a person who is at least 13 years old but not yet 18 years old is limited to the “Spirituality for Kids” content that is available free of charge on the Website; the email address or other personal information related to a child accessing that content is not required for such access and we do not solicit it.
In regard to the above we will not at any time knowingly collect data from children. The information and services provided by us via the Website or other means, and/or by our affiliates, associates, partners, sponsors, and any advertisers we may now or in future deal with are not intended to be viewed by children. Should we discover we have collected any information from a child we will immediately delete it and not communicate with that young person. In addition, no information delivered to us by a child or children will ever knowingly be used by us for any kind or type marketing or for any promotional purposes. That includes communications via the Website and via any and other communication formats we may use from time to time.
Part F: The Right to Contact You Regarding Accounts and Agreements
The foregoing notwithstanding, we reserve the right to contact you in certain situations as may be reasonably necessary in our sole opinion, even after you have unsubscribed or opted-out. Such situations may include confirming it was really you who sent us an opt-out email or letter, a request to pay a balance due on an open account, changes to your account status, whether done by you or by us, changes to your subscriber agreement with us, any issues regarding or related to this privacy policy, or any other policies or agreements relevant to you.
Part G: Changes and Our Right to Make and Implement Them
We expressly reserve the right to make and simultaneously implement changes at any time and for any reason to this policy by posting a change on the Website to this Privacy Policy.
Part H: Contacting Us
Should you or any advisor of yours have any questions about this privacy policy statement or about the operations of the Website or questions or concerns about how you are interacting with it or issues with regard to any such interactions please contact us via letter sent to the hereinabove referenced mailing address, or via the “Contact Us” form on the Website.
Part I: Our Can-Spam Act Compliance as it Relates to You
The Owner of the Website is dedicated to ensuring compliance with the Can-Spam Act passed in 2003 and which took effect on January 1, 2004. With respect to that, here are situations by which you may receive email from the Website or from a team member working directly for us as our representative:
- Acknowledging and responding to a communication from you.
- Responding to any request for free or paid content or information
- Responding to any application or survey you may submit.
- Responding to any request you may make of us for additional action
- A request from us for additional information to better support you with services or products we are providing to you at your request.
- Otherwise assisting you regarding the status of your transactional requests
- Thanking you for the much valued business you have given to us or referred to us
- General communications concerning any of our products or services that you appear to have an interest in as a result of opting-in , including promotions and advertisements.
- Notices to you regarding any changes in services, products and service or product availability
- Advertisements for third party products and services where we have reasonably determined that such product or service may be of interest
To help us in our efforts to comply with the Can-Spam Act we have implemented the following guidelines for email delivery:
- Emails we send to you will clearly identify that we sent them and will include the name of the Website and the name of the sender.
- Emails we send will have a clear and accurate subject line.
- Any email from us will include the ability to unsubscribe from future email messages included right in the email, or in the event a webmail media format such as Gmail is used, it will include clear and brief op-out instructions.
- Unsubscribing will ensure that your name and email address is removed from the specific email list from which you have unsubscribed.
- All emails we send directly to you from or via the Website, or from any of our team members, will include a valid post office “regular mail” address in the footer
- We require that any third party associates, affiliates and/or marketing partners comply with the Can-Spam Act.
- In addition to all of the above emails sent to you directly by the Website or a team member will always include an email address and physical address that can reliably be used for you to send suggestions to us as well as any complaints that may arise, and of course all other kinds correspondence as well.
- The foregoing notwithstanding, all customer service emails regarding the processing orders, payments, booking a retreat, booking a short-term (BnB) rental stay, and other such ongoing business matters may in our sole discretion still be sent to you until the ongoing business matter is fully resolved.
Part J: Our U.S. Postal Service Address, Email Address and Other Matters
From time to time we may enter into an arrangement with a third party website to allow individuals to opt into our marketing program on those third party websites. In each such case those third party websites will have represented and warranted to us, and we will have reasonably confirmed in ways that we deem appropriate in our sole discretion that: things
- any personal information they may get and transmit to us was collected from individuals and entities who supplied it voluntarily and knowingly,
- the third-party websites have the right, under their own privacy policy statements, to transfer such personal data and information to us, and
- the third-party website had, and has at the time we receive any such personal information from them, the right to make and send marketing offers to the individuals or entities that received them.
In closing we wish to express again our desire to satisfy and resolve any questions or concerns you may have regarding our Privacy Policy and most particularly our email practices as they relate in any way to the Website. If you have additional questions or wish to discuss this matter further, please contact us using the contact form on the Website, or alternatively write to us at:
Coastal Cliffs
Attn: Patrick Dague, Owner
1043 Chetco Ave, PMB 228
Brookings, Oregon 97415
Thank you for taking the time to review our Privacy Policy.
