Terms and Conditions

Terms and Conditions

Agreement between User and https://eembrace.org

Welcome to https://eembrace.org. The https://eembrace.org website (the “Site”) is

comprised of various web pages operated by Earth’s Embrace Community Church, Inc.

(“EECC”). The Site is offered to you conditioned on your acceptance without

modification of the terms, conditions, and notices contained herein (the “Terms”). Your

use of the Site constitutes you agreement to all such Terms. Please read these terms

carefully, and keep a copy of them for your reference.

https://eembrace.org is a Not-for-Profit Site.

Earth’s Embrace Community Church provides spiritual retreats. These retreats are to

include ayahuasca ceremonies, yoga, breathwork and group & individual integration sessions.

Privacy

Your use of https://eembrace.org is subject to Earth’s Embrace Community Church’s

Privacy Policy. Please review our Privacy Policy, which also governs the Site and

informs users of our data collection practices.

Electronic Communications

Visting https://eembrace.org or sending emails to Earth’s Embrace Community Church

constitutes electronic communications. You consent to receive electronic

communications and you agree that all agreements, notices, disclosures and other

communications that we provide to you electronically, via email and on the Site, satisfy

any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of you account

and password and for restricting access to you computer, and you agree to accept

responsibility for all activities that occur under you account or password. You may not

assign or otherwise transfer your account to any other person or entity. You

acknowledge that Earth’s Embrace Community Church and its associates reserve the

right to refuse or cancel service, terminate accounts, or remove or edit content in our

sole discretion.

Children Under Thirteen

Earth’s Embrace Community Church does not knowingly collect, either online or offline,

personal information for person under the age of thirteen. Our website and service are

available to those 18 years of age and older.

Cancellation/Refund Policy

If You Cancel:

28 days or more prior to the start of the retreat – 100% of your deposit will be refunded.

Or can be applied to a future retreat. This future retreat must have a start date within 12

months of the retreat date that was cancelled.

14 days or more prior to the start date of the retreat – 100% of your deposit amount you

paid for the retreat will be transferred and applied to a future retreat. This future retreat

will need to be scheduled within 12 months from the date of the retreat that was

cancelled, by you. If you do not reschedule the future retreat within the 12 months then

100% of the deposit is forfeit.

2-13 days prior to retreat start date – 50% of the deposit amount you paid can be

applied to a future retreat within 12 months of cancelled retreat date. The remaining

50% of the deposited amount will be forfeit.

24 hours or less – No refunds or credits will be given and the deposit is 100% forfeit.

There will be no rescheduling and NO credits given. If you fail to timely contact Earth’s

Embrace Community Church regarding timely cancellations or fail to show up for you

scheduled retreat weekend, you will NOT be given a refund in part or whole, nor will any

credit be available to apply to a future date.

To Cancel, you must send an email stating that you wish to cancel to

info@eembrace.org or call (813)810-6522 or (813)451-7989. Do not leave a message

or send a text. You must receive confirmation that we have received your cancellation

request.

IF We Cancel

If Earth’s Embrace Community Church cancels a retreat, you will be refunded 100% of

all paid funds. There will be NO compensation for airfare, hotel or any other travel

related costs incurred. In the unlikely event that we must cancel a retreat due to an

event out of our control (i.e. natural disaster, political unrest, pandemic, epidemic, etc.)

refunds are not guaranteed and may be issued at Earth’s Embrace Community

Church’s sole discretion only. Earth’s Embrace Community Church maintains the right to

apply you paid funds to a future retreat at its sole discretion.

Links to Third Part Sites/Third Party Services

https://eembrace.org may contain links to other websites (“Linked Sites”). The Linked

Sites are not under the control of Earth’s Embrace Community Church and Earth’s

Embrace Community Church is not responsible for the contents of any Linked Site,

including without limitation any link contained in a Link Site, or any changes or updates

to a Linked Site. Earth’s Embrace Community Church is providing these links to you

only as a convenience, and the inclusion of any link does not imply endorsement by

Earth’s Embrace Community Church of the site or any association with its operators.

Certain services made available via https://eembrace.org are delivered by third party

sites and organizations. By using any product, service or functionality originating from

the https://eembrace.org domain, you hereby acknowledge and consent that Earth’s

Embrace Community Church may share such information and data with a third party

with whom Earth’s Embrace Community Church has a contractual relationship to

provide the requested product, service or functionality on behalf of https://eembrace.org

users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use

https://eembrace.org strictly in accordance with these terms of use. As a condition of

your use of the Site, you warrant to Earth’s Embrace Community Church that you will

not use the Site for any purpose that is unlawful or prohibited by these Terms. You may

not use the Site in any manner which could damage, disable, overburden, or impair the

Site or interfere with any other party’s use and enjoyment of the Site. You may not

obtain or attempt to obtain any materials or information through any means not

intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well

as the compilation thereof, and any software used on the Site, is property of Earth’s

Embrace Community Church or its suppliers and protected by copyright and other laws

that protect intellectual property and proprietary rights. You agree to observe and abide

by all copyright and other proprietary notices, legends or other restrictions contained in

any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or

sale, create derivative works, or in any way exploit any of the content, in whole or in

part, found on the Site. Earth’s Embrace Community Church content is not for resale.

Your use of the Site does not entitle you to make any unauthorized use of any protected

content, and in particular you will not delete or alter any proprietary rights or attribution

notices in any content. You will use protected content solely for your personal use, and

will make no other use of the content without the express written permission of Earth’s

Embrace Community Church and the copyright owner. You agree that you do not

acquire any ownership rights in any protected content. We do not grant you any

licenses, express or implied, to the intellectual property of Earth’s Embrace Community

Church or our licensors except as expressly authorized by these Terms.

Third Party Accounts

You will be able to connect your Earth’s Embrace Community Church account to third

party accounts. By connecting your Earth's Embrace Community Church account to your third party account, you acknowledge and agree that you are consenting to the

continuous release of information about you to others (in accordance with you privacy

settings on those third party sites). If you do not want information about you to be

shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by Earth’s Embrace Community

Church from our offices within the USA. If you access the Service from a location

outside the USA, you are responsible for compliance with all local laws. You agree that

you will not use the Earth’s Embrace Community Church Content accessed through

https://eembrace.org in any country or in any manner prohibited by any applicable laws,

restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Earth’s Embrace Community Church,

its officers, directors, employees, agents and third parties, for any losses, costs,

liabilities and expenses (including reasonable attorney’s fees) relating to or arising out

of your use of or inability to use the Site or services, any user postings made by you,

your violation of any terms of this Agreement or your violation of any rights of a third

party, or your violation of any applicable laws, rules or regulation. Earth’s Embrace

Community Church reserves the right, at its own cost, to assume the exclusive defense

and control of any matter otherwise subject to indemnification by you, in which event

you will fully cooperate with Earth’s Embrace Community Church in asserting any

available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of

or concerning these Terms and Conditions, or any provisions hereof, whether in

contract, tort, or otherwise at law or in equity for damages or any other relief, hen such

dispute shall be resolved only by final and binding arbitration pursuant to the Federal

Arbitration Act, conducted by a single neutral arbitrator and administered by the

American Arbitration Association, or a similar arbitration service selected by the parties,

in a location mutually agreed upon by the parties. The arbitrator’s award shall be final,

and judgement may be entered upon it in any court having jurisdiction. In the event that

any legal or equitable action, proceeding or arbitration arises out of or concerns these

Terms and Conditions, the prevailing party shall be entitled to recover its costs and

reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in

regards to these Terms and Conditions or any disputes arising as a result of these

Terms and Conditions, whether directly or indirectly, including Tort claims that are a

result of these Terms and Conditions. The parties agree that the Federal Arbitration Act

governs the interpretation and enforcement of this provision. The entire dispute,

including the scope and enforceability of this arbitration provision shall be determined by

the Arbitrator. This arbitration provision shall survive the termination of these Terms and

Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis;

class arbitrations and class/representative/collective actions are not permitted. THE

PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY

IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER

IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE

PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL

ACTION AGAINST THE OTHER. Further, unless both you and Earth’s Embrace

Community Church 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.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR

AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR

TYPOGRAPHICAL ERROS. CHANGES ARE PERIODICALLY ADDED TO THE

INFORMATION HEREIN. EARTH’S EMBRACE COMMUNITY CHURCH, INC AND/OR

ITS SUPPLIERES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT

ANY TIME.

EARTH’S EMBRACE COMMUNITY CHURCH, INC AND/OR ITS SUPPLIERS MAKE

NO REPRESENATATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,

TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,

SERVICES AND RELATED GRAPHICS CONTAIED ON THE SITE FOR ANY

PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL

SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED

GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF

ANY KIND. EARTH’S EMBRACE COMMUNITY CHURCH, INC AND/OR ITS

SUPPLIERES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH

REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND

RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS

OF MERCHANTABILIYT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND

NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT

SHALL EARTH’S EMBRACE COMMUNTY CHURCH, INC AND/OR ITS SUPPLIERS

BE LIABILE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,

CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,

WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,

ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR

PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE

OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO POVIDE SERVIES,

OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED

GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF

THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,

STRICT LIABILITY OR OTHERWISE, EVEN IF EARTH’S EMBRACE COMMUNITY

CHURCH, INC OR ANYOF ITS SUPPLIERS HAS BEEN ADVISED OF THE

POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT

ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR

INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YO. IF YOU

ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE

TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE

USING THE SITE.

Termination/Access Restriction

Earth’s Embrace Community Church reserves the right, in its sole discretion, to

terminate you access to the Site and the related services or any portion thereof at any

time, without notice. To the maximum extent permitted by law, this agreement is

governed by the laws of the State of Florida and you hereby consent to the exclusive

jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the

use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give

effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists

between you and Earth’s Embrace Community Church’s performance of this agreement

is subject to existing laws and legal process, and nothing contained in this agreement is

in derogation of Earth’s Embrace Community Church’s right to comply with

governmental, court and law enforcement requests or requirements relating to your use

of the Site or information provided to or gathered by Earth’s Embrace Community

Church with respect to such use. If any part of this agreement is determined to be

invalid or unenforceable pursuant to applicable law including, but not limited to, the

warranty disclaimers and liability limitations set forth above, then the invalid or

unenforceable provision will be deemed superseded by a valid, enforceable provision

that most closely matches the intent of the original provision and the remainer of the

agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement

between the user and Earth’s Embrace Community Church with respect to the Site and

it supersedes all prior or contemporaneous communications and proposals, whether

electronic, oral or written, between the user and Earth’s Embrace Community Church

with respect to the Site. A printed version of this agreement and of any notice given in

electronic form shall be admissible in judicial or administrative proceedings based upon

or relating to this agreement to the same extent and subject to the same conditions as

other business documents and records originally generated and maintained in printed

form. It is the express wish to the parties that this agreement and all related documents

be written in English.

Changes to Terms

Earth’s Embrace Community Church reserves the right, in its sole discretion, to change

the Terms under which https://eembrace.org is offered. The most current version of the

Terms will supersede all previous versions. Earth’s Embrace Community Church

encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Earth’s Embrace Community Church welcomes your questions or comments regarding

the Terms:

Earth’s Embrace Community Church, Inc.

Email Address:

info@eembrace.org

Telephone number:

(813) 810-6522