TERMS & CONDITIONS
Last Updated: November 20, 2023
1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY ACCESSING THIS SITE AND PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS SITE IF (A) YOU DO NOT AGREE TO THESE TERMS, (B) YOU ARE NOT THE OLDER OF (i) AT LEAST 21 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT, (C) YOU ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR GOODS BY APPLICABLE LAW OR IF THE LAWS OF YOUR JURISDICTION PROHIBIT YOU FROM PURCHASING ANY APPLICABLE GOODS FROM THIS WEBSITE.
These terms and conditions (these “Terms”) apply to the purchase and sale of products from Hi-U Foundation, doing business as Confluence Retreats (referred to as "Confluence", "Confluence Retreat, "Hi-U", "us", "we" or "our" as the context may require) at www.confluenceretreats.org or other websites published or maintained by Us; (collectively, the “Site”). These Terms are subject to change by Hi-U Foundation or its subsidiaries or affiliates (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any products that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the website Terms & Conditions that generally apply to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products through this Site.
We do not offer any medical advice or encourage or support the consumption of any substance which is illegal or in violation of any laws. Products and Services offered by Hi-U Foundation are intended solely for the purpose of education and harm reduction. Nevertheless, the Products may discuss the preparation for and integration of experiences that you may experience while using certain psychotropic substances. Laws vary in different jurisdictions regarding such substances, and We encourage you to act only in accordance with the laws of the jurisdiction where you reside.
Use of the Site and Services
To access or use the Site, you must be 21 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children and people under the age of 21 are prohibited from using the Site. Information provided on the Site and in the Services related to retreat experiences involving the use of psychotropic substances, including Psilocybin Mushrooms provided by legal and licensed OHA (Oregon Health Authority) Growers and Service Centers in the state of Oregon under the Legal Psilocybin Services Initiative in partnership with, but not by Hi-U Foundation and/or Confluence Retreats (who only handles transportation, accommodation, meals, and other support services related to a Confluence Retreat program and other related information is subject to change. Hi-U Foundation makes no representation or warranty that the information provided (the “Content”), regardless of its source, is accurate, complete, reliable, current, or error-free. Hi-U Foundation 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.
2. Order Acceptance and Cancellation.
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order (collectively, the “Products”). All orders must be accepted by us or we will not be obligated to sell the Products to you. We may choose not to accept orders at our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Us and you will not take place unless and until you have received your order confirmation e-mail.
We reserve the right to refuse any order for Products placed by a person under the age of 21, in violation of these Terms, or which requires shipment to a jurisdiction where the Products are deemed illegal or otherwise banned, in our sole discretion. If we refuse an order, we will send you a message to the e-mail address you provided with your order.
3. Prices and Payment Terms.
Prices posted on this Site may be different than prices offered by us and other retailers both on the internet and at physical locations. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Posted prices do not include taxes if applicable. All such taxes will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept most major credit cards, debit cards, cash, check, and wire transfer for all purchases. Charges to your credit card will appear listing the brand and/or description of the Product(s) you ordered. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
4. Delivery.
We will arrange for digital delivery of or access to streaming services to provide the Products to you following your order. Please check the individual Product page for specific delivery options.
5. Intellectual Property.
(a) This site and all of its contents, and the content of all digital programs provided to you as Products (collectively, the “Content”) are our sole property or licensed to us by third parties. 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. Marketing materials and logos incorporating the words “Confluence,” “Confluence Retreats,” "Hi-U Foundaataion" and derivations thereof are trademarked and related words, logos, slogans, and designs and are the property of or licensed to us. Except as may be provided in a separate agreement between You and Us, You are not entitled to use, in any way, to sell, to sublicense, or to provide to any other parties, any of the Content or intellectual property on this Site for any reason without our written permission prior to such use.
(b) Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Content on this site. This license does not allow you to resell or make any commercial use of the site, its Contents or our Products sold through the site; make any derivative use of any of our Content; download, copy, or other use any Content or account information for the benefit of any third party; or use any data mining, robots, or similar data gathering and/or extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by us or our licensors, suppliers, publishers, rightsholders, or other content providers. No Content on, or Product sold through, this site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior express written consent. You may not misuse our Products or Content. You may use our site only as permitted by law and these Terms. The licenses we have granted you terminate if you do not comply with these Terms.
(c) The Site may contain logos, trademarks, or other intellectual property belonging to parties affiliated with us and belonging to third parties not affiliated with us. You are responsible for complying with all legal obligations and the intellectual property policies related to any use by you of any third party’s intellectual property displayed on this site. You agree to indemnify and hold us harmless for any use by you of any third party’s intellectual property or proprietary information displayed on this site.
(d) The Site may provide links to other websites. You acknowledge and agree that we are not responsible for the availability of such external websites, and do not endorse and are not responsible or liable for any content, advertising, Products and/or other materials on or available from such websites. You further acknowledge and agree that we 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 use of or reliance on any such content, goods or services available on or through any such websites.
(e) We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the Accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information:
(i) a description of the copyrighted work that you believe has been infringed upon and a description of the infringing activity;
(ii) a description of the location of the material that you believe is infringing;
(iii) your contact information, including address, telephone number and email address;
(iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner;
(vi) a physical or electronic signature by you; and
(vii) send the written notice to the following address:
CONFLUENCE RETREATS by Hi-U Foundation
EMAIL: support@confluenceretreats.org
6. Privacy.
We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of Products through the Site.
7. Returns and Refunds.
We want you to feel confident with your purchase and want to provide you with the highest quality customer service.
8. Usage Limitations.
(a) You may not:
(i) Submit any false or misleading information to this site or use this site to submit any false or misleading information to us or any other party;
(ii) Use this site to access any private network of ours, any other private proprietary information belonging to us, or any other information not intended for customer use;
(iii) Upload any harmful computer program or component, including any virus, malware, bot, trojan, worm, bomb, or any other computer component, program or action designed to damage and/or alter this site in any way or to receive any proprietary information belonging to us;
(iv) Take any action that disrupts or changes the functionality, content or accessibility of this site, including any act that takes down the site;
(v) Disguise your origin or that of any message sent by you, pretend to be somebody or something else, or impersonate anybody or anything;
(vi) Use this site in any way for any purpose that is unlawful or in violation of these Terms; or,
(vii) Upload any content, including, but not limited to, comments, feedback, or other submissions, that contains unlawful, offensive, threatening, libelous, defamatory, or otherwise objectionable material in violation of these Terms.
(b) User Accounts. You may access our Site by a user account (“Account”) using a username and password provided by you to us. You agree that we may access your Account for any reason at our sole and absolute discretion. You further acknowledge, consent, and agree that we may disclose your account (and its contents) if required to do so by law or if we have a good faith belief that such disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims; and/or (iv) protect the rights, property or personal safety of us, our users and/or the public.
(c) You are solely responsible for maintaining the confidentiality of your Account. Including all activities occurring under your Account and all access to, and use of the Site by anyone using your Account, whether or not such activities and access are actually authorized by you, including but not limited to all communications, transactions and obligations. We shall not be liable or responsible for any loss or damage arising from any unauthorized use, access or any other breach of security of your Account, including but not limited to your member sign-in password and email address. You acknowledge and accept that your use of the Site is in compliance with these Terms. You further acknowledge and accept that we shall have no obligation to investigate the authorization or source of any Account activity, including purchase activity, following a proper log-in to the Site, which is defined as a matching and current member sign-in and user password. You shall notify us immediately of any unauthorized access to your Account or any other unauthorized use of the Site.
9. User Comments, Feedback, and other Submissions
If you send certain submissions to the Site or to websites linked to or from the Site (for example, contest entries, blog entries, or social media posts) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove Comments or content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
10. Warranty and Disclaimers.
OTHER THAN AS STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE PRODUCTS ARE PROVIDED “AS IS” AND HI-U FOUNDATION DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE PRODUCTS. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED IN THE PRODUCTS; (B) THE SPECIFIC FEATURES OF THE PRODUCTS, OR A PRODUCT’S ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SITE.
Limitation of Liability
EXCEPT AS REQUIRED BY APPLICABLE LAW, THE RESURGENCE TRAINING INSTITUTE, INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:
(i) ERRORS, MISTAKES, OR INACCURACIES IN THE PRODUCTS;
(ii) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE PRODUCTS;
(iii) ANY UNAUTHORIZED ACCESS TO OR USE OF THE PRODUCTS;
(iv) ANY INTERRUPTION OR CESSATION OF THE AVAILABILITY OF THE PRODUCTS;
(v) ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE PRODUCTS BY ANY THIRD PARTY;
(vi) ANY CONTENT WHETHER SUBMITTED BY A USER OR THE RESURGENCE TRAINING INSTITUTE, INC., INCLUDING YOUR USE OF CONTENT;
(vii) THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT OR PRODUCTS; AND/OR
(viii) ANY ACTIVITY YOU COMMIT IN VIOLATION OF LOCAL, STATE, OR FEDERAL CRIMINAL LAW.
THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
HI-U FOUNDATION, AND ITS AFFILIATES' TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE PRODUCTS IS LIMITED TO THE AMOUNT THAT YOU HAVE PAID TO THE RESURGENCE TRAINING INSTITUTE, INC. IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO HI-U FOUNDATION, OF THE CLAIM.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
B. What Can You Do if a Dispute Arises with Us?
The informal dispute resolution procedure detailed in Section 16 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
11. Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riots or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
12. Governing Law and Jurisdiction
This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Delaware.
13. Dispute Resolution and Binding Arbitration.
YOU AND WE AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
B. Mandatory Binding Arbitration.
Any dispute, claim, interpretation, controversy, or issues of public policy arising out of relating to these Terms, including the determination of the scope or applicability of this Section 13 that is arbitrable, will be determined exclusively by binding arbitration held in Delaware and will be governed exclusively by the Delaware Uniform Arbitration Act § 5701 et seq, (the “DUA”).
You and we irrevocably submit to the exclusive jurisdiction of the state courts located in Delaware with respect to this Section 13 to compel arbitration, to confirm an arbitration award or order, or to handle court functions permitted under the DUA. The parties irrevocably waive the defense of an inconvenient forum to the maintenance of any such action or other proceeding. The parties may seek recognition and enforcement of any Oregon 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.
Prior to resolution or a decision by the arbitrator, each party shall bear its own costs and expenses and an equal share of the arbitrator’s expenses and administrative fees of arbitration. The arbitrator shall award all costs, reasonable attorneys' fees, and expenses of the arbitration proceeding to the substantially prevailing party, as determined by the arbitrator.
C. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
14. Indemnity
You will indemnify and hold us and our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively, the “Indemnified Parties”) harmless from any breach of these Terms by you, including any use of Content or Products other than as expressly authorized in these Terms. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, attorney’s fees and expert witness fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
15. Assignment
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 15 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
16. No Waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of ours.
17. No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
18. Notices
To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us. To give us notice under these Terms, you must contact us as follows: (i) by personal delivery, overnight courier, or registered or certified mail to
CONFLUENCE RETREATS BY HI-U FOUNDATION
EMAIL: SUPPORT@CONFLUENCERETREATS.ORG
C. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
19. Severability
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
20. Entire Agreement
Our order confirmation, these Terms, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.