TERMS & CONDITIONS


MALIBUQUIETUDE.COM TERMS AND CONDITIONS

Use of any of the services, materials, or features appearing on Malibuquietude.com or Malibu Quietude, LLC mobile applications are subject to these terms and conditions. You agree to these terms and conditions by accessing and viewing the Site, or by using any Malibuquietude, LLC services.

These terms and conditions apply exclusively to your access to, and use of, the web site located at malibuquietude.com and Malibuquietude, LLC mobile applications. These terms and conditions do not alter in any way the terms or conditions of any other agreement you may have with Malibu Quietude, LLC.

These terms and conditions shall be effective immediately upon posting on the Site, and may be modified at any time, without notice. Your continued access or use of the site after the modifications have become effective shall be deemed your conclusive acceptance of the modified terms and conditions. Please check the Terms and Conditions page periodically for changes.

If you do not agree to all of the terms and conditions, you are not authorized to use the site or any of its services, materials, or features.

Definitions

The terms and conditions of Malibu Quietude, LLC (“Malibuquietude”) shall be referred to as the “Terms”. The individuals or companies using the site, its materials or its features shall be referred to as the “User”. This website, all its pages, materials and features, shall be referred to as the “Site”.

This is a Contract

The Terms is a legal agreement between Malibuquietude and the User. The Site is only available to individuals who can form legally binding contracts under applicable law. The Site is not available for use by minors. Any User of this Site represents that he or she accepts these Terms and intends to be personally bound by the Terms or that he or she has been authorized to accept these Terms on behalf of a company. Any User of the Site on behalf of any company also warrants that the company agrees to indemnify the User and company for violations of these Terms. If the User is not so authorized or does not intend to be personally bound, then User should not and may not use the Site.

User Guidelines

Malibuquietude reserves the right to deny further access to the Site, terminate all services to User or to delete any information or posts of any User who violates these guidelines, is the subject of complaints by other Users, or for any other reason, in its sole discretion, subject to applicable laws.

Users may not:

  • do or say anything to injure or harm others

  • display material containing nudity or pornographic material of any kind

  • provide material that is grossly offensive to the online community, including blatant expressions of bigotry, prejudice, racism, hatred, or profanity

  • promote, encourage or provide instructional information about illegal activities, or promoting physical harm or injury against any group or individual

  • defame any person or group

  • display material that exploits children under 18 years of age

  • violate the legal or intellectual property rights of another

  • violate the internet laws applicable to the User and of the United States

  • use the Site for displaying harassing, abusive, threatening, harmful, vulgar, obscene, or tortious material or invading others’ privacy

  • interfere with or disrupt the Site or servers or networks connected to the Site by posting advertisements or links to competing services, transmitting “junk mail”, “spam”, “chain letters”, or unsolicited mass distribution of e-mail

  • compromise the security of the Site, including, but not limited to, trying to gain access to system areas private to Malibuquietude or to other Users

  • aggregate data off the Site for commercial purposes outside the scope and purpose of the Site, including, but not limited to, using information available on the Site to spam or solicit Users without their permission

  • post any misleading, false or inaccurate information

  • modify, translate, produce a source listing, decompile, disassemble, or reverse engineer the Site or any portion thereof

  • create derivative versions of any part of the Site

  • rent, transfer, distribute or grant any rights in the Site in any form

  • repost any information that has already been deleted by MALIBUQUIETUDE because of its inappropriate nature or subject matter

 No Guarantee of Confidentiality

Malibuquietude makes every effort to maintain the confidentiality of any information submitted by Users. However, because Malibuquietude cannot control the conduct of others, it cannot guarantee that this information will remain confidential. Please use caution in deciding what information to input into the Site. Malibuquietude is not responsible for the release or improper use of such information by other Users or any release due to error or failure in the Site.

Third-Party Resources and Advertisements

Malibuquietude is not responsible for any third party content, including the content provided by other Users of the site, or that may be accessed through or linked to this Site.

Malibuquietude may run advertisements and promotions from third parties on the Site. User business dealings or correspondence with, or participation in promotions of, advertisers and any terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party advertiser. Malibuquietude is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

No Warranties

The Site, its materials and services, are provided “as is” without warranty of any kind, either express or implied. Malibuquietude disclaims all warranties, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title, non-infringement or free of viruses or other harmful components.

Malibuquietude adds, changes, improves or updates the information and documents on this Site without notice. It does not represent or warrant that Site materials and information are accurate, complete, reliable, current or error-free. BitchFix strives for its Site and other materials to be accurate. However, from time to time, there may be information available on or through the Site or elsewhere that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Malibuquietude reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order), which may include canceling orders. No advertisement or product listing is a binding offer of sale. Malibuquietude may, in its sole discretion, cancel any order at any time prior to shipping. As the actual colors you see will depend on your monitor, we cannot and do not guarantee that your monitor's display of any color will be accurate.

YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SERVICES, AND THAT MALIBUQUIETUDE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SERVICES.

Intellectual Property

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act and other applicable law, Malibuquietude has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, Users who are deemed to be repeat infringers of the intellectual property rights of others. Malibuquietude may also limit access to the Site of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Copyright Complaints

If you believe that any material on the Site infringes upon any copyright which you own or control, please provide Malibu Quietude with the following information relevant to your claim: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed and its location on the Site; (3) your address, telephone number, and email address; (4) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner; (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. You may submit your notice of claims of copyright infringement to:

Malibu Quietude, LLC
P. O. Box 4204 MALIBU, CA 90264-4204

Malibu Quietude may give notice of a claim of copyright infringement to any User by means of a general notice on the Site, email to a User’s email address in our records, or by first-class mail to a User’s address in our records.

Trademarks

“MALIBU QUIETUDE”, Malibu Quietude’s logo, Malibu Quietude abbreviation (MQ), and any other product or service name or slogan contained in the Site are trademarks of Malibuquietude and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Malibuquietude or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Malibuquietude” or any other name, trademark or product or service name of Malibu Quietude without prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and trade dress of Malibu Quietude and may not be copied, imitated or used, in whole or in part, without prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.

Links to Site

Malibuquietude welcomes links to this Site from other web sites. However, Malibuquietude in no way operates, controls or endorses linking sites. Nor does linking to Malibuquietude imply an endorsement of the third party web site by Malibuquietude. Malibu Quietude reserves the right to disallow any links at any time in its sole discretion.

Users are granted a limited, non-exclusive right to create a link to the Site, provided the link does not portray Malibu Quietude or any of its products and services, or any lawyer, in a false, misleading or defamatory manner, and provided further that the linking Site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.

Users may not use the logo or other proprietary graphic of Malibuquietude to link to this Site without the express written permission of Malibuquietude. Further, Users may not use, frame or utilize framing techniques to enclose any Malibuquietude’s trademarks, logo or other proprietary information, including the images found at the Site, the content of any text or the layout or design of any page or form contained on a page on the Site without Malibuquietude’s express written consent.

Except as noted above, Users are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Malibuquietude, or any third party, it being expressly denied.

Loss of Data

Malibuquietude, is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, file corruption, or any other reasons, subject to applicable laws.

Release and Use of Information

Malibuquietude, may release current or past User information, pursuant to the terms of the Privacy Policy, in the event that Malibuquietude, believes that accounts are in violation of the Terms or used to commit unlawful acts, or if the information is subpoenaed or otherwise compelled by a governmental authority.

Modifications to Service

Malibuquietude, reserves the right to modify or discontinue, temporarily or permanently, the Site, with or without notice to the User. The User agrees that Malibuquietude shall not be liable to the User or any third party for any modification or discontinuance of the Site. The User acknowledges and agrees that Malibuquietude, may immediately delete data and files in the User’s account and bar any further access to such files or the Site, subject to applicable laws.

Food Allergy Disclaimer

In the event we offer food products, Malibuquietude makes effort to identify ingredients that may cause allergic reactions for those individuals with food allergies. Because many orders made through the Site may be fulfilled through a third party suppliers, it cannot be guaranteed that every allergen in the food delivered will be identified and labeled. Products ordered through the site may contain wheat; milk; eggs; peanuts; tree nuts (i.e almond, hazelnut/filbert, walnut, cashew, pecan nut, brazil nut, pistachio nut, macadamia nut and coconut); soy or soybeans; fish; or other products which may cause allergic reactions. Users that are concerned with food allergies need to be aware of this risk.

Currently, we do not have the capacity to offer specific menus for those with a specific food allergy or serious dietary restriction. Please, refrain from ordering or subscribing to Malibu Quietude food product offerings if you have any type of severe food allergy or serious dietary restriction.

Malibuquietude cannot assume any liability for adverse reactions to food consumed, or items one may come in contact with while eating Malibuquietude products and/or engages in our fitness and wellness classes.

Accounts

If you choose to become a member of the Site you must register for an account with us (“Account”).  You will be prompted by the Site to provide Malibuquietude with certain personal and to fill out our registration form. By doing so, you represent and warrant that all information you submit is accurate and truthful, and that you regularly update the information to maintain its accuracy.

We may refuse any application to join our Site or receive our Services for any reason whatsoever. We may suspend or terminate your Account for any reason whatsoever.

You are solely responsible for keeping your Account login information confidential.  You are solely responsible for all activities that occur within your Account. If you suspect, or have reason to suspect, that there has been unauthorized access to your Account or any other potential security breaches, you agree to immediately notify the customer care department of Malibu Quietude. We will not be liable for any loss or damage arising from your failure to comply with these requirements.

By ordering from the Site you are signing up to a subscription with us and agree to pay the then current applicable fees listed on the site.

Transactions

If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to Malibu Quietude the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the website does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Malibuquietude reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.

You agree that by placing an order on the Site, you are entering into a binding contract with Malibuquietude and agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

The Subscription Contract Between You And Us

Malibuquietude often offers various subscription types: including re-billable monthly subscriptions (“Monthly Subscriptions”); prepaid annual subscriptions (“Annual Subscriptions”); and prepaid gift subscriptions of three, six or twelve months (“Gift Subscriptions”). Subscribing to our news will notify you of our offers.

AUTOMATIC RENEWAL TERMS

With respect to Malibuquietude subscriptions subject to automatic renewal, you agree that Malibuquietude may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before Malibuquietude reasonably could act.

MONTHLY SUBSCRIPTIONS

By purchasing a Monthly Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Malibuquietude after the expiration date of your payment card.

AUTOMATIC MONTHLY RENEWAL TERMS

Your subscription will be automatically renewed for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate until you cancel your Monthly Subscription renewal.

CANCELLATION POLICY FOR MONTHLY SUBSCRIPTION RENEWALS

To cancel your Monthly Subscription at any time, you may (i) logon to your account and follow the cancellation procedures there or (ii) send us a message at malibuquietude@gmail.com and we will do it for you. If you cancel, you may use your subscription until the end of your then-current subscription term.

AUTOMATIC DELIVERY TERMS: 

The product you selected for auto replenishment will be automatically sent to you at the frequency selected by you (e.g. every 30 days) and your payment method will automatically be charged when the order ships in the month in which delivery is to occur in the amount of the then-current retail price for the product on the Site until you cancel your Automatic Delivery option. 

CANCELLATION POLICY FOR AUTOMATIC DELIVERY PROGRAM:

To cancel your Automatic Delivery at any time, you may (i) logon to your account and follow the cancellation procedures there or (ii) send us a message at malibuquietude@gmail.com and our customer service representatives can help you cancel. 

Gift Subscriptions:

For Gift Subscriptions, the subscription will not be renewed after the then-current term expires. You cannot cancel a Gift Subscription and the pre-paid fee is non-refundable.

We reserve the right to revoke your subscription at any time as a result of a violation of these Terms or the Privacy Policy.

Product Information; Limitation on Quantities

Excluding any content that may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site will be available.

In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please contact us directly at malibuquietude@gmail.com

Taxes

Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable.

Risk of Loss

Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

Shipping Information when we offer food products  that need refrigerating:

Malibuquietude recommends next day air from April to November when temperatures can climb and 2-day air for the rest of the year. We are not liable for perishable food items during transport or when there is no one available to receive them.

To prevent melting or discoloration, we recommend that all Malibuquietude food products be stored in appropriate conditions upon receipt. Should you decide to refrigerate, please place in a re-sealable type of bag or container and let naturally warm to room temperature prior to opening.

Malibu Quietude does not ship to PO BOX addresses.

Shipping Costs (per recipient):

All shipping charges are per recipient, not per order.

Shipping Deadlines

Orders may take up to 24 hours for processing or more if the fulfillment is by other than Malibu Quietude company. Please see the details under each product description. Orders will be shipped Monday through Thursday. Orders placed on Thursday will be shipped the following Monday.

Returns

Malibu Quietude does not accept any returned  perishable items as they are food products and cannot be restocked or resold. Returned or rejected shipments are not eligible for credit or refund. Please see other specified return policy under each non-perishable product. Once you have clicked on the "confirm" button, it might be not possible to edit or cancel your order. If you want to change some parameters, Customer addresses, etc., please check whether such an option is available in your account. We are not bound to make such modifications in your order, but we will do our best on a case-by-case basis. Replacement of Products and credits to the Member's account for Products claimed as damaged or not received are subject to Malibu Quietude investigation and discretion.

The risk of loss and title for such items pass to you upon our delivery to the carrier. It is your (if you are a User) or your Customer's (if you are a Merchant) responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case Malibu Quietude will not make any refunds and will not resend the Product.

Malibu Quietude will review replacement/return requests only if (a) there is a missing or broken Product, or a print error if Malibu Quietude is at fault and (b) Malibu Quietude receives a complaint within 14 days from the day the Product was delivered or within 14 days after the estimated delivery date, if the Product is missing.


Limitation of Liability

THE USER AGREES THAT MALIBUQUIETUDE, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF MALIBUQUIETUDE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USER FURTHER AGREES THAT MALIBUQUIETUDE, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

Indemnification

The User agrees to indemnify, defend, and hold Malibuquietude harmless from and against any and all liability and costs incurred in connection with any loss, liability, claim, demand, damage, and expenses arising from or in connection with the contents or use of the Site. The User agrees that this defense and indemnity shall also apply to any breach by the User of the Terms. The User further agrees that this defense and indemnity shall include without limitation attorneys’ fees and costs. The User also agrees that this defense and indemnity shall apply to Malibuquietude and Malibuquietude, LLC’s affiliates, agents, associates and employees. Malibuquietude reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User and the User shall not in any event settle any matter without the written consent of Malibuquietude.

No Agency

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created between User and Malibuquietude by these Terms.

Choice of Law and Venue

The Terms and the relationship between the User and Malibuquietude shall be governed by the laws of the State of California without regard to its conflict of law provisions, even if the User is outside of California. Jurisdiction and venue shall be exclusive to the state or federal courts in the County of Los Angeles, California, United States of America. Users consent to the exclusive jurisdiction of these courts.

The original of the Terms has been written in English. The User waives any statute, law, or regulation that might provide an alternative law or forum or to have the Terms written in any language other than English. Malibuquietude and User exclude the United Nations Convention on Contracts for the International Sale of Goods from these Terms.

Headings

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Privacy Policy Incorporated

The Terms incorporates by reference Malibuquietude’s Privacy Policy.

Entire Agreement

The Terms constitute the entire agreement between User and Malibuquietude with respect to the subject matter covered herein, and supersede all previous agreements.

Severability

If any provision of these Terms shall be deemed unlawful, void or unenforceable by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. The invalid that provision shall also be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Waiver of Terms

If Malibuquietude fails to exercise or enforce any right or provision of these Terms, that failure shall not be used to prove that Malibuquietude has waived the right or provision. No waiver of any of the Terms shall be deemed a waiver of any other such Terms.

Notices, Questions or Comments

Any notices, questions or comments to Malibuquietude regarding the Terms shall be sent to:

Malibu Quietude, LLC
30765 PACIFIC COAST HWY # 441 MALIBU, CA 90265-3646

Any notice to User shall be given to the name and email or mailing address submitted at the time of User’s registration.

RESERVATION POLICIES:

Email us for private classes schedule. Check our calendar when available for class schedule and sign up to stay updated on our upcoming group classes, hikes, fantastic life-changing retreats and more.

CANCELLATION POLICY:

We apologize for the inconvenience but we don't accept cancelations at this time. Rescheduling will be considered for private or couple's classes within 48 hours prior notice. See disclosure notices attached to each product. 

FACILITIES:

We are currently working on purchasing real estate for development of Wellness Retreat in Malibu.  Email us for partnerships and collaborations or DONATE to make it happen quick and continue our free classes whereas our teachers volunteer at schools, community centers and elderly facilities to teach people mediation, yoga and mindfulness.

MEDICAL CONCERNS:

Please see disclosure notices attached to each product.  Use all services and products at your own discretion.