These Terms of Service are entered into by and between Experience Life Sciences, LLC (dba Experience Ibogaine) (the “Company”, “Experience Ibogaine”) and you (“you”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Service”), govern your access to and use our website (the “Website”), whether as a guest or a registered user.
Experience Ibogaine Services. Experience Ibogaine offers a platform that helps connect individuals providing retreat services with those wishing to access retreat services. Experience Ibogaine does not sell or provide ibogaine in the United States. Experience Ibogaine is a third party retreat promotion company and is not a party to any agreement between the retreat provider and you. Experience Ibogaine makes no representations and warranties on behalf of any retreat provider (including but not limited to the accuracy, completeness, cost, quality, or timeliness of any goods or services provided by any retreat provider) and will have no liability for any interactions between retreat provider and you. Notwithstanding the foregoing, Experience Ibogaine serves as the limited authorized agent of retreat providers for the purpose of accepting payments from individuals including you on behalf of retreat providers, and is responsible for transmitting such payments to the retreat providers. Experience Ibogaine has no control over and does not guarantee the existence, quality, safety, or legality of any goods or services posted by the retreat provider; the truth or accuracy of any advertisements; the ability of retreat providers to sell goods or services; the ability of you to pay for any goods or services. Experience Ibogaine does not warrant or guarantee that any goods or services offered through the Service will meet a your requirements.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:
- In any way that violates any applicable federal, state, local or international law or regulation.
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by Company, may harm Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
Liability Release
IN NO EVENT WILL COMPANY BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, AGGRAVATED, OR PUNITIVE DAMAGES, OR DAMAGES FOR INCREASED COSTS, DIMINUTION IN VALUE, OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL OR REPUTATION, USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY, OR COST OF REPLACEMENT GOODS OR SERVICES, OR LOSSES FROM ANY ACTS, OMISSIONS, STATEMENTS OR OTHER CONDUCT OF ANY CLIENTS, VENDORS, BUSINESSES OR OTHER THIRD PARTIES ON THE SERVICE, OR ANY OTHER MATTER RELATING TO THE SERVICES, OR ANY OTHER INTANGIBLE LOSSES. IN EACH CASE EVEN IF COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, IN NO EVENT WILL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE TOTAL AMOUNTS PAID AND AMOUNTS ACCRUED BUT NOT YET PAID TO PROVIDER UNDER THIS AGREEMENT IN THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Intellectual Property.
This website and all of its contents (the “Content”) are the sole property of Experience Ibogaine. This includes the graphics, logos, interface, layout, design, sounds, text, color scheme, blog posts, press releases, product names, product descriptions, ingredient lists, trademarks, software code, menus, and all other materials on this site. You are not entitled to use, in any way, any of the intellectual property on this site for any reason without the written permission of Company prior to such use.
Copyright Infringement.
Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website and its other Services. Company has adopted a policy that provides for the immediate suspension and/or termination of any Website or other Services user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations.
Copyright.
All contents of the Services, including the Website, are Copyright 2024. All rights reserved.
Amendment.
Company may amend this Agreement from time to time by posting an amended version at its website. Such amendment will be deemed accepted and become effective upon posting of the amended terms and conditions. This Agreement may not be amended in any other way except through a written agreement executed by Authorized Representatives of each party.
Arbitration
(a) Any dispute, claim, interpretation, controversy, or issues of public policy arising out of relating to this Agreement, including the determination of the scope or applicability of this Section, will be determined exclusively by mandatory binding arbitration held in San Diego, California, and will be governed exclusively by the California Arbitration Act, California Code of Civil Procedure, Title 9, §§ 1280-1294.4
(b) The Parties irrevocably submit to the exclusive jurisdiction of the state courts located in San Diego, California, with respect to this Section to compel arbitration, to confirm an arbitration award or order, or to handle court functions permitted under the California Arbitration Act. The Parties irrevocably waive defense of an inconvenient forum to the maintenance of any such action or other proceeding. The Parties may seek recognition and enforcement of any California state court judgment confirming an arbitration award or order in any United States state court or any court outside the United States or its territories having jurisdiction with respect to recognition or enforcement of such judgment.
(c) The Parties waive (i) any right of removal to the United States federal courts and (ii) any right in the United States federal courts to compel arbitration, to confirm any arbitration award or order, or to seek any aid or assistance of any kind
(d) Attorneys’ Fees. If a Party brings an action to enforce the provisions of this Agreement, the substantially prevailing Party will be entitled to recover its reasonable attorneys’ fees and expenses incurred in such action from the non-prevailing Party.
