By visiting ayawakening.com (“Site”), you consent to the following Terms and Conditions.
Use of ayawakening.com, including all materials presented herein and all online services provided by Ayawakening (“Company,” “we,” “us”, “our”) is subject to the following Terms and Conditions. These Terms and Conditions apply to any services, material, content, or resources made available through the Site (collectively, the “Services”). These Terms and Conditions apply to all site visitors, customers, and all other users of the Site. By using the Site or Services, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Use of the Site and Services
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Services related to retreat experiences involving the use of the psychotropic substance ayahuasca, provided by legal facilitators in Brazil, and other related information is subject to change. Ayawakening makes no representation or warranty that the information provided (the “Content”), regardless of its source, is accurate, complete, reliable, current, or error-free. Ayawakening disclaims all liability for any inaccuracy, error, or incompleteness in the Content and reserves the right to correct errors in descriptions and pricing from time-to-time.
In order to use the Services, you may be required to complete an application and to provide information about yourself including your first and last name, email address, mailing address, and other personal information. You agree that any information that you provide to Ayawakening will always be accurate, correct, and current. You agree to not impersonate someone else or to provide any information or an email address that is not your own.
We will send to you an email to confirm receipt of your application and to provide other details concerning your application, including to schedule an intake call and to provide details about registration for the Services, including retreat experiences. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible by emailing firstname.lastname@example.org.
Once registration for a retreat experience is completed, any amounts paid are not refundable, however, fifty percent (50%) of the purchase price may be applied to your participation in a future retreat if for any reason you must cancel.
Refusal of Service
The Services are offered subject to our acceptance of your application and payment. We reserve the right to refuse to service any person or entity, without the obligation to provide an explanation. We may at any time change or discontinue any aspect or feature of the Site or Services, subject to fulfilling our previous responsibilities to you based on acceptance of your payment.
You may use the Site and Services for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You agree to refrain from posting or transmitting through the Site any material that violates or infringes the rights of others, or that is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, or that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Material You Submit to the Site
You must not upload, post, or otherwise make available on the Site any artwork, photos, or other materials (collectively, “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You will be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. With respect to any and all Materials submitted by you to the Site, you expressly represent and warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or the rights of any third parties.
Intellectual Property Rights to Your Materials
We claim no intellectual property rights over the material you provide to Ayawakening. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Services. Content you submit to Ayawakening remains yours to the extent that you have any legal claims therein. You agree to hold Ayawakening harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant to us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
Our Intellectual Property
The Site and Services contain intellectual property owned by Ayawakening, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Services Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Services, without refund, if you violate this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by the posting of the new Terms and Conditions on this Site. Any use of the Site or Services after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Services, including these Terms and Conditions, at any time. We will post the most recent version to the Site and list the effective date on this page.
Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICES. ADDITIONALLY, AYAWAKENING IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF AYAWAKENING HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL AYAWAKENING’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICES YOU HAVE PURCHASED FROM AYAWAKENING, AND IF NO PURCHASE HAS BEEN MADE BY YOU AYAWAKENING’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED €100.
The Site and the Services may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Ayawakening. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Services. You shall provide to us such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing to us such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
Effect of Headings
The headings of the paragraphs of these Terms and Conditions are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement; Waiver
These Terms and Conditions constitute the entire agreement between you and Ayawakening pertaining to your use of the Site and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of these Terms and Conditions by Ayawakening shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Ayawakening.
All notices, requests, demands, and other communications under these Terms and Conditions shall be in writing and properly addressed as follows:
Av Pres.Wilson 2059, Ap 72
11065201 Santos, SP
These Terms and Conditions shall be construed in accordance with, and governed by, the laws of Brazil as applied to contracts that are executed and performed entirely in Brazil. The exclusive venue for any proceeding based on or arising out of these Terms and Conditions shall be in the city of Sao Paulo, Brazil.
If any term, provision, covenant, or condition of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
You may not assign, delegate, sublicense, or otherwise transfer your rights and obligations under these Terms and Conditions. Any transfer, assignment, delegation, or sublicense by you is invalid.
This Site is an informational resource only. Any Content provided on this Site or in any communication with Ayawakening is not a substitute for professional medical advice, diagnosis, or treatment for a specific medical condition. You assume full responsibility for how you use the Content. Always seek the advice of your physician or other qualified healthcare provider about any questions you have. Ayawakening does not guarantee the outcome of following the recommendations provided and any statements about the potential outcome are expressions of opinion only. We make no guarantees about the information and recommendations provided herein. By continuing to use, read, or participate on the Site, you acknowledge that we cannot guarantee any particular result because outcomes are based on subjective factors that are not within our control. Therefore, following any information or recommendations provided on the Site is at your own risk. If you need professional medical advice, counseling, or therapy, it is your responsibility to hire a licensed professional.
Updated: May 2019