Terms and Conditions
Lasted Updated Date: January 20th, 2024
Importance and Understanding.
Importance. THESE TERMS AND CONDITIONS CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. PLEASE READ THEM CAREFULLY.
Understanding. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO AGREE TO THESE TERMS AND CONDITIONS, AND YOU ACCEPT AND ARE BOUND BY THEM. IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION, YOU AFFIRM YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS AND CONDITIONS. YOU ACKNOWLEDGE YOU HAVE READ AND UNDERSTOOD THE ASSUMPTION OF RISK, WAIVERS, RELEASES, COVENANT NOT TO SUE, AND LIMITATIONS ON LIABILITY IN THESE TERMS AND CONDITIONS AND YOU ARE VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS.
Limitations on Orders. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS AND CONDITIONS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
Applicability of Terms and Conditions. These terms and conditions apply to the purchase and sale of products and services through www.boulderteahut.org (the "Site"). These terms and conditions are subject to change by Double Dorje, LLC (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these terms and conditions will be in effect as of the "Last Updated Date" referenced on the Site. You must review these terms and conditions before purchasing any product or services available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.
Other Relevant Documents. These terms and conditions are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy, which governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site, before placing an order for products or services through this Site, as well as our Cancellation Policy.
Cancellation Policy: Because seating is so limited, and because our booking platform does not allow automatic refunds for cancellations, we are only able offer refunds should it truly be a financial burden for you to not receive one.
You can reschedule up to 24 hours before a sit through the rescheduling link in your confirmation email.
Orders and Acceptance. You agree that your order is an offer to buy, under these terms and conditions, all products and services listed in your order, which we will not be obligated to sell unless we accept your order.
Prices, Discounts, and Payment.
Prices. All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect when the order is placed and will be set out in your order confirmation email. A price increase will only apply to orders placed after such increase. Posted prices exclude taxes. All taxes will be added to your total and will be itemized in your order confirmation email. We strive to display accurate price information. We may, however, occasionally make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to cancel any orders arising from them.
Discounts. We may offer, from time to time, discounts on the Site that may affect pricing and that are governed by separate terms and conditions. If there is a conflict between the terms and conditions for a discount and these terms and conditions, the terms and conditions for the discount will govern.
Payment. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before we accept an order. We accept credit cards, Venmo, PayPal, and cash for all purchases. You represent and warrant that (i) any credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the Site when you order.
Warranties and Scope. We warrant to you that the (i) products purchased through the Site will be free from material defects and (ii) services purchased through the Site will be performed using personnel of required skill, experience, and qualifications in a professional manner consistent with generally recognized standards for similar services. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL PRODUCTS AND SERVICES OFFERED THROUGH THE SITE OTHERWISE PROVIDED ARE “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE
Risks, Releases and Consents. The products and services sold through this Site will performed at the Boulder Tea Hut in the Lower Chautauqua area of Boulder, Colorado or the Sunshine Springs Tea House at 5207 Sunshine Canyon Drive near Boulder, Colorado (collectively , the “Properties”) in connection with tea ceremonies, meditation, workshops, group practices and group outings (collectively, the “Activities”).
Assumption of Risk. YOU ARE AWARE AND UNDERSTAND THAT ACCESSING, ENTERING AND USING EITHER OF THE PROPERTIES AND PARTICIPATING IN ANY OF THE ACTIVITIES MAY INVOLVE A RISK OF INJURY OR DAMAGE INCLUDING BUT NOT LIMITED TO RISKS ASSOCIATED WITH HOT WATER; BURNING CHARCOAL; GAS OR ELECTRIC STOVES; MOUNTAIN PATHS THAT ARE UNMAINTAINED AND MAY BE COVERED IN SNOW OR ICE; VERY NARROW SPIRAL STAIRCASES THAT MAY NOT CONFORM TO BUILDING CODES; SITTING ON THE FLOOR; DIRT DRIVEWAYS; PAVED DRIVEWAYS WITH SNOW OR ICE; AND SLIPPING AND FALLING ON ICE AND OTHERWISE. YOU ACKNOWLEDGE THAT ANY INJURIES THAT YOU SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY OUR ACTIONS, OMISSIONS, OR NEGLIGENCE, INCLUDING OUR NEGLIGENT EMERGENCY RESPONSE. NOTWITHSTANDING THE RISK, YOU ACKNOWLEDGE YOU ARE VOLUNTARILY ACCESSING ONE OR BOTH OF THE PROPERTIES AND PARTICIPATING IN ONE OR MORE OF THE ACTIVITIES WITH KNOWLEDGE OF THE POTENTIAL DANGER INVOLVED AND AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY OR DAMAGE ARISING THEREFROM, WHETHER CAUSED BY OUR ORDINARY NEGLIGENCE, THE ORDINARY NEGLIGENCE OF ANY RELEASEE OR OTHERWISE
Waivers; Releases; No Lawsuits. You hereby expressly waive and release any and all claims, now or hereafter known, against us, and our managers, employees, agents, affiliates, members, successors, and assigns (collectively, "Releasees"), on account of injury or damage arising out of or attributable to your being on either or both of the Properties and your participation in one or more of the Activities, whether arising out of the ordinary negligence of us, any Releasee or otherwise. You covenant not to make or bring any claim against us or any Releasee, and forever release and discharge us and all Releasees from liability under such claims. This waiver, release, and covenant not to sue does not extend to claims for gross negligence, willful misconduct, or any other liabilities that Colorado law does not permit to be released by agreement.
Compliance; Consent to Treatment. You agree that you will follow all instructions of our representatives or agents while on the Properties. You hereby consent to receive medical treatment deemed necessary if you are injured or require medical attention while on the Properties. You understand and agree that you are solely responsible for all costs related to such medical treatment and any related medical transportation. You hereby release and forever discharge us and hold us harmless from any claim based on such treatment or other medical services.
Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, OR IN CONNECTION WITH ANY BREACH OF THESE TERMS AND CONDITIONS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE. The limitation of liability set forth above shall: (i) only apply to the extent permitted by law; and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.
Privacy. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these terms and conditions, for any failure or delay in our performance under these terms and conditions 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, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), telecommunication breakdown or power outage.
Law; Jurisdiction; No Jury Trial.
Governing Law. All matters arising out of or relating to these terms and conditions are governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Colorado.
Jurisdiction for Disputes. Any claim or cause of action arising under these terms and conditions may be brought only in the federal and state courts located in the County of Boulder in the State of Colorado and you hereby consent to the exclusive jurisdiction of such courts.
Jury Trial Waiver. YOU irrevocably and unconditionally waive, to the fullest extent permitted by applicable law, any right to a trial by jury in any legal action, proceeding, cause of action or counterclaim arising out of or relating to THESE TERMS AND CONDITIONS.
Assignment. You will not assign any of your rights or delegate any of your obligations under these terms and conditions without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these terms and conditions.
No Waivers. The failure by us to enforce any right or provision of these terms and conditions will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by our duly authorized representative.
No Third-Party Beneficiaries. These terms and conditions do not and are not intended to confer any rights or remedies upon any person other than you.
Captions. The captions identifying various sections and subsections of these terms and conditions are for convenience only and do not define, modify, expand, or limit any part of them.
Notices. We may provide any notice to you under these terms and conditions by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent to you by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. To give us notice under these terms and conditions, you must contact us by personal delivery, overnight courier, or registered or certified mail to 907 12TH ST, BOULDER, CO. We may update the address for notices to us by posting a notice on the Site. Notices provided to us by personal delivery will be effective immediately. Notices provided to us by overnight courier will be effective one business day after they are sent. Notices provided to us by registered or certified mail will be effective five business days after they are sent.
Severability. If any provision of these terms and conditions is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these terms and conditions and will not affect the validity or enforceability of the remaining provisions of these terms and conditions.
Entire Agreement. Our order confirmation, these terms and conditions, our Website Terms of Use, and our Privacy Policy are the final and integrated agreement between you and us on the matters contained in these terms and conditions.