TERMS OF WEBSITE & PRODUCT USE
Please read these Terms of Website & Product Use (“Terms”) carefully before using the website, products & services offered by One Universe LLC (“Company,” “our,” “we,” or “us”).
By using the Website or Service in any manner, including but not limited to visiting or submitting your email to the Website, you agree to be bound by these Terms. You also agree to be bound by these Terms when you download any of our products.
We reserve the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Website and Service by posting notice on the Website or by sending you an email. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms. It is your responsibility to check these Terms periodically for changes. Your continued use of the Service following the posting of any changes to the Terms constitutes acceptance of those changes, whether or not you have reviewed them. If you do not agree to these Terms after we have posted any changes, you should not visit the Website.
1. Scope of Terms & Conditions
Use of the Website and/or Service is void where prohibited by law. By using the Website and/or Service, you represent and warrant that your use of the Website and/or Service does not violate any applicable law or regulation. Only individuals aged 16 or old are permitted to use our Website. Children ages 16 to 18 must receive consent from their parents.
One Universe LLC and Hamilton Souther operate solely in the United States and do not offer or book tours involving Ayahuasca, San Pedro or any other sacred plants. One Universe LLC and Hamilton Souther do not use or advocate the use of any sacred plant where illegal.
2. Limited License & Proprietary Rights in Content
The Website and Service are furnished by us and are intended only for the personal use of its users. You acknowledge that all content and services offered on and through this Website, including but not limited to, courses, recorded sessions, articles, text, audios, music, sounds, video, photos, graphics, drawings, software, information, questions, creative suggestions, messages, and other materials (collectively, “Content”), are the proprietary property of Company, its users or its licensors with all rights reserved.
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Website, Content and Service for your personal, non-commercial use, provided that you comply fully with the provisions of these Terms. Any Company courses, products, recorded sessions, videos, ebooks, documents, music, files or other information (“Downloads”) that are downloaded are also licensed by the Company to you and we grant you a non-exclusive, non-transferable, limited right to access, use and display Downloads for your personal, non-commercial use. No other right or license is granted to Licensee by this Agreement to use the Downloads or any other intellectual property owned by Company.
You acknowledge that the Content and Downloads are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content and Downloads are copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content.
No Content or Downloads may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission. Your license for personal use does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods.
Any use of the Website or the Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
3. Teaching & Informational Purposes only
Our Website, Service, Content and Downloads are offered for teaching and informational purposes only; not for healing or treating anyone for any physical or mental condition or illness. Company is not a healing facility nor are our owners, directors, officers, employees, agents, and representatives licensed medical doctors, licensed physicians, licensed psychologists or licensed psychotherapist. We do not practice medicine, diagnose, cure or treat disease or illnesses or prescribe or administer prescription drugs or controlled substances.
Nothing contained on this Website, its Content or Service should be construed as medical advice or diagnosis and should not be interpreted as a substitute for physician consultation, evaluation, or treatment. Nothing said by Company or any owner, director, officer, employee, agent, representative, or affiliate should be construed as medical advice, diagnosis or treatment.
We do not recommend that anyone discontinue current medical treatment prescribed by licensed health care professionals. Never disregard professional medical advice or delay in seeking it because of something you have read or seen on our website.
If you have a medical emergency or are suicidal, you should call your doctor or 911 immediately or go to the nearest emergency room. Do not rely on online communication and information for urgent medical care.
4. Health & Safety
Some of our Service, Content and Downloads may induce trance when viewed or listened to. By downloading any product offered on our Website, you represent and warrant that you are of sufficient physical and psychological health to view and engage Content and Downloads. Your agree not to view or listen to any of our Service, Content or Downloads while driving any type of vehicle or operating machinery.
Before starting any activity or program described on our Website, Service, Content or Downloads, you represent and warrant that you have consulted with you physician to understand how the use of our Service, Content and Downloads may affect your physical and psychological health in any way. If you experience any discomfort or pain while doing any activity described in our Content or while viewing or listening to any Downloads, you must immediately cease the activity and seek the assistance of a physician or other applicable professional health care provider.
Any review, testimonial or other matter that could be regarded as an endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of viewing or using or courses and products. Results from use of our courses and products, Content and Downloads will vary. Testimonials on our website represent anecdotal experience of individual consumers. Individual experiences are not a substitute for scientific research.
6. Store User Account
You may create a user account on our Website store. In creating a user account, you agree to provide, true, accurate, current and complete information about yourself. Your user account is unique to you and may be used solely by you. You may not share your account login information with a third party. You accept responsibility for all activities that occur under your account and password.
If you believe someone has accessed your member name and/or password without your authorization, e-mail us immediately. Company cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
7. Privacy and Security
8. Termination of Use
If at any time during your use of our Website or Service, you do not comply with these Terms, we reserve the right to terminate your access to this Website (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website or Service, including, but not limited to, (i) restricting the time the Website is available, (ii) restricting the amount of use permitted by you, and (iii) restricting or terminating any user’s right to use the Website. You agree that any termination or cancellation of your access to, or use of, the Website may be effected without prior notice to you. If you do not abide by the provisions of these Terms, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Website.
In the event of termination, the restrictions imposed on you with respect to material downloaded from the Website, and the disclaimers and limitations of liabilities set forth in these Terms, shall survive. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Website.
9. Standards and Conduct Guidelines
You agree not to use this Website, Service or Content to:
- Upload, post, email or otherwise transmit any content or other materials or information that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a director, officer, employee, shareholder, agent or representative of Company or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Company or any other person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content or other materials transmitted to or through this Website;
- Upload, post, email or otherwise transmit any content or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email or otherwise transmit any content or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
- Upload, post, email or otherwise transmit any content or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law.
- “Stalk” or otherwise harass another user or employee of this Website; or
- Collect or store personal data or attempt to collect or store personal data about other users of the Website.
Your privilege to use this Website, Service and Content depend on your compliance with the standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of this Website and Service and/or take any other appropriate measures to enforce these standards and conduct guidelines if we, in our sole discretion, believe a violation has occurred on your part. Further, if you fail to adhere to our standards and conduct guidelines, we may terminate, in our sole discretion, your use of, or participation in this Website.
Company reserves the right to investigate and take appropriate legal action against anyone who, in the Company’s sole discretion, violates these Terms, including, without limitation, terminating your account and/or reporting such activity to law enforcement authorities.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or Content (“Submissions”), provided by you to us are non-confidential and shall become the sole property of the Company. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
11. Third Party Site
Our Website or Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Website. When you access third party websites, you do so at your own risk. These other websites are not under Company’s control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. Company makes no representations or warranties with respect to any linked site. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
12. Copyright Complaints
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our sole discretion, terminate the rights of any user to use our Website (or any part thereof) who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact us email@example.com.
13. Assumption of Risk
You acknowledge and agree that when participating in course, service or activity described in our Website, Service, Content or Downloads, there is the possibility of physical injury, emotional distress and/or death, and you assume the risk and responsibility for any such results.
By participating in any course, service or activity described in our Website, Service, Content or Downloads, you hereby voluntarily accept any and all risks that may be sustained by you, including but not limited to, bodily and psychological injury, death and property damage, associated with participating in any such course or activity.
I expressly understand and agree that under no circumstances will Company, its officers, directors, employees, volunteers, agents, contractors, affiliates, representatives, and partners be responsible for any loss or damage, including personal injury or death, resulting from my participating in, downloading, viewing or listening to any Service, Content or Downloads.
14. Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
Your use of the Website and Service is at your own risk. The Content, products, offerings, and materials on this Website are provided “as is” and without warranties of any kind, either express or implied. Company disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement, and any warranties implied by any course of performance or usage of trade.
You expressly understand and agree that Company does not warrant or make any representations or guarantees regarding its Service, Content or Downloads in terms of their results. We cannot guarantee and do not promise any specific results from the use of our Service, Content or Downloads. We do not warrant or make any representations or guarantees regarding the use or the results of the use of the Content, products, offerings, and materials in this Website in terms of their correctness, completeness, accuracy, reliability, or otherwise. Further, please note that no advice or information obtained by you from our personnel or through this Website shall create any warranty not expressly provided for in these Terms.
We reserve the right to change any and all Content and other items used or contained in the Website and any services offered through the Website at any time without notice. We do not warrant that this Website or any function contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the servers that make this Website available are free of viruses or other harmful components. Any product, offering, content and material downloaded or otherwise obtained through the use of this Website is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product, offering, content or material.
15. Limitation of Liability
You acknowledge that we has no control over, and no duty to take action regarding: what Service, Content or Downloads you access via the Website, what effect the Content, Service or Downloads may have on you, how you may interpret or use the Content, Service or Download, what actions you may take as a result of having been exposed to the Content, Service, or Downloads. You release the Company of all liability for you having acquired or not acquired Content, Service or Downloads through our Website.
Under no circumstances will we be responsible for any loss or damage, or personal injury or death, resulting from anyone’s use of the Website, Service, Content or Downloads posted on or through the Website.
You expressly understand and agree that, to the maximum extent allowed by law, the Company, its officers, directors, employees, agents, contractors, affiliates, representatives, subsidiaries, sublicenses, licensors, and distributors, partners, volunteers, and each of their employees, contractors, directors, suppliers and representatives shall not be liable to you or any third person under contract, tort, strict liability, negligence or any other legal or equitable theory for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from: (a) the use or misuse of the Website, Service, Content, or other products, material or offerings; (b) what effect Website, Service or Content may have on you or any third person or how you or any third person may interpret or use the Website or Content or actions you or any third person may take as a result of viewing Content; (c) use of Website, Service or Content, or materials viewed by third persons as a result of your breach of this agreement; (d) access or inability to access the Website; (e) unauthorized access to or alteration of your transmissions or data; (f) statements or conduct of any third party on our website; (g) violation of the Terms; (h) infringement by you, or any third party using your account of any intellectual property or other right of any person or entity; (i) for breach of any of your representations and warranties in these Terms; and (j) any other matter relating to the Website, Service or Content.
In no event shall the collective liability of the Company and its officers, directors, employees, agents, contractors, affiliates, representatives, subsidiaries, sublicenses, licensors, and distributors, partners, and each of their employees, contractors, directors, suppliers and representatives for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the greater of $100 or the amount paid by you to access the Website. Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations and exclusions may not apply to you. If you are dissatisfied with any portion of the Website, Content or Service, or with the Terms, your sole and exclusive remedy is to cease using the Website, Content or Service.
You agree to indemnify, hold harmless and, at our option, defend the Company, its owners, officers, directors, employees, agents, contractors, affiliates, representatives, subsidiaries, sublicenses and distributors, partners, and each of their employees, contractors, directors, suppliers and representatives, from and against any and all liability, loss, claim, demand, damages, costs and/or expenses (including, but not limited to, reasonable attorneys fees and expenses) under contract, tort, strict liability, negligence or any other legal or equitable theory that arise from your use or misuse, or access to, the Website, Service, Content or Downloads or otherwise from your Submissions, violation of the Terms, or infringement by you, or any third party using your account or viewing the Website, Service or Content or material on your computer or any third party viewing Website, Service or Content as a result of (a) the use or misuse of the Website, Content, or other products, material or offerings; (b) what effect Website or Content may have on you or any third person or how you or any third person may interpret or use the Website or Content or actions you or any third person may take as a result of viewing Content; (c) use of Website or Content, or materials viewed by third persons as a result of your breach of this agreement; (d) access or inability to access the Website; (e) unauthorized access to or alteration of your transmissions or data; (f) statements or conduct of any third party on our website; (g) violation of the Terms; (h) infringement by you, or any third party using your account of any intellectual property or other right of any person or entity; (i) for breach of any of your representations and warranties in these Terms; and (j) any other matter relating to the Website or Content.
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses at your sole expense. You also waive and hold us harmless from any claims resulting from any action taken by the Company during or as a result of investigations into the breach of these Terms, or misuse of Website or Content and/or from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
You and/or your estate hereby indemnify the Company against any claim by any person arising directly or indirectly from your death, injury, loss or damage suffered by you, allegedly caused or contributed to by an act or omission by us, its directors, employees, contractors, consultants and agents.
17. Governing Law and Choice of Forum
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, excluding its conflicts of law rules. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extend and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and the Company agree that any cause of action arising out of or related to the Website, Content or Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
18. Dispute Resolution
Any controversy, claim or dispute arising out of or in relating to these Terms, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate shall be settled by arbitration in the state of Colorado, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS.
The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. The arbitrator shall not have the right to award punitive damages or speculative damages to either party. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of these Terms, the parties consent to exclusive and personal jurisdiction and venue in the United States Federal Courts or state courts located in the U.S. District Court. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms, including without limitation, this section.
19. Miscellaneous Terms
We may assign our rights and obligations under these Terms. These Terms will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms, or to exercise any right under the Terms, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect. All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
The captions and headings in these Terms are intended only for convenience, and will in no event be construed to define, limit or describe the scope or intent of these Terms, or any provision of these Terms, nor in any affect the interpretation of these Terms.
20. Contact One Universe LLC
You may contact us at the following address: firstname.lastname@example.org.
(Last modified as of October 26, 2015)