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Terms of Service
Welcome to the website of The Royal Way (“Royal Way,” “we, “us,” and “our”). These Terms of Service (“Terms”) apply to all websites, portals, or pages owned or operated by Royal Way, including those accessible through the domain and subdomains: www.royalway.org (the “Site”). Please read the Terms carefully prior to using the Site.
PLEASE BE ADVISED THAT THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDES AN AGREEMENT TO ARBITRATE DISPUTES, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER WHERE APPLICABLE. PLEASE READ ALL THESE PROVISIONS BEFORE USING THE WEBSITE.
1. General Uses and Restrictions
By accessing and using the Site, you agree on your behalf and on behalf of any entity or person on whose behalf you are accessing the Site to abide by the Terms. Royal Way permits you to use and access the Site for lawful purposes only and only in a manner consistent with the Terms. Your agreement to the terms is a condition of being granted access to, and use of, the Site. If you do not agree with the Terms, you may not access the Site and must exit immediately.
By accessing the Site, you represent that you are at least 18 years of age, have the authority to agree to these Terms on your own behalf and on behalf of any organization or entity on whose behalf you are using or accessing the Site, and that all information provided by you is accurate.
2. Prohibited Uses
You agree not to use the Site to:
(i) violate any applicable law.
(ii) send unsolicited marketing materials, including junk email, spam, or chain letters.
(iii) post, transmit, or otherwise make available any material that is (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory, libelous, fraudulent, or otherwise tortious; (c) obscene, indecent, pornographic, or otherwise objectionable; or (d) protected by a third party’s copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right without the express prior written consent of the applicable owner.
(iv) post, insert, transmit, or otherwise make available any malicious or harmful software that is intended to (a) make unauthorized changes to or cause damage to any hardware, software, or equipment; (b) copy, provide unauthorized access to, or prevent authorized access to confidential information or personal information; or (c) prevent detection of any unauthorized invasion of nay hardware, software or equipment.
(v) harvest or collect information about users of the Site.
(vi) interfere with or disrupt the operation of the Site.
(vii) reproduce, copy, modify, adapt, translate, creative derivative works of, sell, resell, license, sublicense, rent, lease, loan, distribute, or otherwise exploit any portion of the Site except as expressly authorized by us.
(viii) reverse engineer, decompile, or disassemble any portion of the Site.
(ix) remove any copyright, trademark, or other proprietary notices from the Site.
(x) frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service.
(xi) systematically download and store Site content.
(xii) use any robot, spider, application, or other device to retrieve, index, scrape, mine, or otherwise gather Site content.
3. Third-Party Links and Content
This Site may contain hyperlinks to third-party websites and content from third parties. When you access third-party websites or content through this Site, you do so at your own risk. We do not investigate, monitor or check the accuracy or completeness of such third-party websites or content, and we are not responsible for any objectionable, inaccurate, misleading or unlawful content that may reside thereon or therein. The inclusion of any third-party content or hyperlink to a third-party site does not necessarily imply endorsement by us of that content or site. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage, loss, or harm caused or alleged to be caused by or in connection with your use of or reliance on any third-party site or third-party content.
As between you and us, we own the intellectual property rights to the Site’s contents, including, but not limited to, the text, graphics, and images on this Site.
The contents of the Site may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without our prior written consent. You may not remove, alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Site or any of its contents. We retain all rights, title, and interests in the Site’s contents unless expressly stated otherwise.
If you believe your copyrighted work is being used on the Site in a manner that constitutes copyright infringement, please contact our designated agent at email@example.com. Notices of copyright infringement must include your name, address, phone number, and email address, along with a statement identifying the material that you believe is being used without consent and the reason you believe it constitutes copyright infringement.
THE SITE AND ALL INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS.” ROYAL WAY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICES. ROYAL WAY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES OF (I) MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.
You agree to defend, indemnify, and hold harmless Royal Way, its affiliates, officers, directors, employees, agents, licensors, clients, and subcontractors from and against any and all claims, damages, losses, liabilities, costs, and expenses relating to or arising from (i) your use of the Site, (ii) your violation of the Terms, (iii) your violation of any third party rights relating to or arising out of your use of the Site, or (iv) your violation of any law or regulation relating to, or arising out of, your use of or access to the Site.
9. Limitation of Liability
ROYAL WAY AND ITS AFFILIATES, EMPLOYEES, OFFICERS, AGENTS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AGGRAVATED, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMITTED MATERIALS, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
WITHOUT LIMITING THE FOREGOING, YOU FURTHER AGREE THAT ROYAL WAY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OR INABILITY TO USE THE SITES OR FROM ANY THIRD-PARTY MATERIALS, INCLUDING FROM ANY MALWARE OR ANY VIRUS, WORM, HACK, OR MALICIOUS SOFTWARE THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH.
YOU ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. YOU AGREE THAT THE MAXIMUM AGGREGATE LIABILITY OF ROYAL WAY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WILL BE $10.
10. Dispute Resolution
In the interest of resolving disputes between you and Royal Way in the most expedient and cost effective manner, you and Royal Way agree that any dispute arising out of or in any way related to these Terms, your relationship with Royal Way, any services and/or programs offered or provided by Royal Way, and/or any events hosted by Royal Way (including retreats) will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms, your relationship with Royal Way, any services and/or programs offered or provided by Royal Way, and/or any events hosted by Royal Way (including retreats), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ROYAL WAY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE TERMS WILL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
Notwithstanding Section 12.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and Royal Way will be governed by the Federal Arbitration Act and the Commercial Arbitration Rules (the “Judicate West Rules”) of Judicate West (“Judicate West”) , as modified by these Terms, and will be administered by Judicate West. The Judicate West Rules and filing forms are available online at www.judicatewest.com, or by calling the Judicate West at 1-800-488-8805. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
10.4 Notice; Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). Royal Way’s address for Notice is set forth in Section 11.4. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within thirty (30) days after the Notice is received, you or Royal Way may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Royal Way must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
If you commence arbitration in accordance with these Terms, Royal Way will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the Judicate West Rules. Any arbitration hearing will take place at a location to be agreed upon in Los Angeles County, California, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the Judicate West Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the Judicate West Rules. In that case, you agree to reimburse Royal Way for all monies previously disbursed by it that are otherwise your obligation to pay under the Judicate West Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits. Notwithstanding anything in these Terms to the contrary, and for the avoidance of doubt, the arbitrator can award injunctive relief as a remedy in any arbitration required under this Section 10.
10.6 No Class Actions
YOU AND ROYAL WAY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Royal Way agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Except as otherwise provided in these Terms, if Royal Way makes any future change to this arbitration provision, other than a change to Royal Way’s address for Notice, you may reject the change by sending us written notice within thirty (30) days of the change to Royal Way’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Royal Way.
If Section 10.6 (No Class Actions) is found to be unenforceable, then the entirety of this Section 10 will be null and void.
11. General Provisions
11.1 Entire Agreement
These Terms constitute the entire agreement between you and Royal Way relating to the Site. These terms supersede any and all prior or contemporaneous agreements or understandings between you and Royal Way.
If any provision of these Terms is found to be invalid by a court of competent jurisdiction, the provision shall be stricken. All other terms will remain in full force and effect.
No failure to exercise, or delay in exercising any rights, remedy, power, or privilege arising from these Terms will operate or be construed as a waiver thereof. Likewise, no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
11.4 Contact Us
If you have any questions about these Terms, you may contact us at:
The Royal Way
8088 High Road
Lucerne Valley, CA 92356
12. SMS MESSAGES
b. User Opt In: The SMS Program allows Users to receive SMS/MMS mobile messages by providing their phone number to Royal Way and/or affirmatively opting into the SMS Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the SMS Program, you agree that this Agreement applies to your participation in the SMS Program. By participating in the SMS Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
c. User Opt Out: If you do not wish to continue participating in the SMS Program or no longer agree to the SMS Program Terms, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the SMS Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Company and its service providers will have no liability for not honoring such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
d. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The SMS Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Effective October 19, 2023
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