TERMS AND CONDITIONS

HATA RETREAT TERMS AND CONDITIONS POLICY

AGREEMENT BETWEEN USER AND WWW.HATA-RETREAT.COM

WELCOME TO WWW.HATA-RETREAT.COM. THESE TERMS AND CONDITIONS OUTLINE THE RULES AND REGULATIONS FOR THE USE OF HATA RETREAT’S WEBSITE.

BY ACCESSING THIS WEBSITE WE ASSUME YOU ACCEPT THESE TERMS AND CONDITIONS IN FULL. DO NOT CONTINUE TO USE HATA RETREAT’S WEBSITE IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS STATED ON THIS PAGE.

YOUR USE OF WWW.HATA-RETREAT.COM IS SUBJECT TO HATA RETREAT’'S PRIVACY POLICY. PLEASE REVIEW OUR PRIVACY POLICY, WHICH ALSO GOVERNS THE SITE AND INFORMS USERS OF OUR DATA COLLECTION PRACTICES.

VISITING WWW.HATARETREAT.COM OR SENDING EMAILS TO HATA RETREAT 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.

HATA RETREAT DOES NOT KNOWINGLY COLLECT, EITHER ONLINE OR OFFLINE, PERSONAL INFORMATION FROM PERSONS UNDER THE AGE OF THIRTEEN. IF YOU ARE UNDER 18, YOU MAY USE WWW.HATARETREAT.COM ONLY WITH PERMISSION OF A PARENT OR GUARDIAN.

ALL PRODUCTS ARE SOLD “AS IS”. YOU ASSUME THE RESPONSIBILITY FOR YOUR PURCHASE, AND NO REFUNDS WILL BE ISSUED. YOU MAY CONTACT US WITHIN 30 DAYS FROM THE PURCHASE DATE IF YOU WISH TO EXCHANGE YOUR PURCHASE FOR AN IDENTICAL PRODUCT. IF YOU WISH TO EXCHANGE A PRODUCT, YOU AGREE TO PAY FOR RETURN SHIPPING AND FOR THE SHIPPING TO SEND YOU THE NEW PRODUCT.

WWW.HATARETREAT.COM MAY CONTAIN LINKS TO OTHER WEBSITES ("LINKED SITES"). THE LINKED SITES ARE NOT UNDER THE CONTROL OF HATA RETREAT AND HATA RETREAT IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE, INCLUDING WITHOUT LIMITATION ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO A LINKED SITE. HATA RETREAT IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY HATA RETREAT OF THE SITE OR ANY ASSOCIATION WITH ITS OPERATORS.

CERTAIN SERVICES MADE AVAILABLE VIA WWW.HATARETREAT.COM ARE DELIVERED BY THIRD PARTY SITES AND ORGANIZATIONS. BY USING ANY PRODUCT, SERVICE OR FUNCTIONALITY ORIGINATING FROM THE WWW.HATARETREAT.COM DOMAIN, YOU HEREBY ACKNOWLEDGE AND CONSENT THAT HATA RETREAT MAY SHARE SUCH INFORMATION AND DATA WITH ANY THIRD PARTY WITH WHOM HATA RETREAT HAS A CONTRACTUAL RELATIONSHIP TO PROVIDE THE REQUESTED PRODUCT, SERVICE OR FUNCTIONALITY ON BEHALF OF WWW.HATARETREAT.COM USERS AND CUSTOMERS.

YOU ARE GRANTED A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE LICENSE TO ACCESS AND USE WWW.HATARETREAT.COM STRICTLY IN ACCORDANCE WITH THESE TERMS OF USE. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO HATA RETREAT 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 THE PROPERTY OF HATA RETREAT 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. HATA RETREAT 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 HATA RETREAT 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 HATA RETREAT OR OUR LICENSORS EXCEPT AS EXPRESSLY AUTHORIZED BY THESE TERMS.

THE SERVICE IS CONTROLLED, OPERATED AND ADMINISTERED BY HATA RETREAT 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 HATA RETREAT CONTENT ACCESSED THROUGH WWW.HATARETREAT.COM IN ANY COUNTRY OR IN ANY MANNER PROHIBITED BY ANY APPLICABLE LAWS, RESTRICTIONS OR REGULATIONS.

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 HATA RETREAT AGREE OTHERWISE, A COURT OR ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HATA RETREAT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

HATA RETREAT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED 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. HATA RETREAT AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HATA RETREAT AND/OR ITS SUPPLIERS BE LIABLE 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 PROVIDE SERVICES, 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 HATA RETREAT OR ANY OF 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 YOU. 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.

HATA RETREAT SHALL BE EXCUSED FROM PERFORMANCE UNDER THESE TERMS OF USE IF HATA RETREAT IS PREVENTED, FORBIDDEN OR DELAYED FROM PERFORMING, OR OMITS TO PERFORM, ANY ACT OR REQUIREMENT UNDER THESE TERMS OF USE BY REASON OF: (A) ANY PROVISION OF ANY PRESENT OR FUTURE LAW, REGULATION, ORDER, ORDINANCES, ACTS OR MANDATES OF THE UNITED STATES OF AMERICA, OR ANY STATE OR MUNICIPALITY THEREOF WHICH PROHIBIT, RESTRICT, OR REGULATE HATA RETREAT’S PERFORMANCE OF ITS OBLIGATIONS AND/OR THE RECEIPT OF ITS INTENDED BENEFITS UNDER THIS AGREEMENT ; (B) ANY ACT OR OMISSIONS OF A THIRD PARTY; OR (C) ANY ACT OF GOD, EMERGENCY CONDITION, WAR, WEATHER, DROUGHT, FLOOD, EARTHQUAKE, STORM, FIRE, LIGHTNING, LABOR ACTIONS OR WORK STOPPAGES (INCLUDING, WITHOUT LIMITATION, STRIKES, SYMPATHY STRIKES, AND LOCKOUTS), NATURAL CALAMITIES, NATIONAL EMERGENCIES, PUBLIC HEALTH CRISES (E.G., INFECTIOUS DISEASES, EPIDEMICS, PANDEMICS, ETC., AND ALL ORDERS RELATING THERETO THAT ARE ISSUED BY ANY GOVERNMENTAL ENTITY OR AUTHORITY, INCLUDING, WITHOUT LIMITATION, STAY-AT-HOME, SHELTER-IN-PLACE, AND SOCIAL DISTANCING ORDERS AND DIRECTIVES), DECLARATIONS OF WAR, RIOT, CIVIL DISTURBANCE, SABOTAGE, EXPLOSIONS, OR TERRORISM.

HATA RETREAT RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO TERMINATE YOUR 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 ARIZONA AND YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS COURTS SITUATED IN PIMA COUNTY, ARIZONA IN ALL DISPUTES ARISING OUT OF OR RELATING TO THE USE OF THE SITE, WHETHER OR NOT SOUNDING IN CONTRACT, TORT, STATUTE OR OTHERWISE AT LAW OR IN EQUITY FOR DAMAGES OR ANY OTHER RELIEF. IF FOR ANY REASON A CLAIM RESULTS IN LITIGATION INITIATED BY ANY PARTY TO THIS AGREEMENT, EACH PARTY HEREBY WAIVES THE RIGHT TO A JURY TRIAL. 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 HATA RETREAT AS A RESULT OF THIS AGREEMENT OR USE OF THE SITE. HATA RETREAT'S PERFORMANCE OF THIS AGREEMENT IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED IN THIS AGREEMENT IS IN DEROGATION OF HATA RETREAT'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 HATA RETREAT 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 REMAINDER OF THE AGREEMENT SHALL CONTINUE IN EFFECT.

UNLESS OTHERWISE SPECIFIED HEREIN, THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE USER AND HATA RETREAT WITH RESPECT TO THE SITE AND IT SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS COMMUNICATIONS AND PROPOSALS, WHETHER ELECTRONIC, ORAL OR WRITTEN, BETWEEN THE USER AND HATA RETREAT 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.

HATA RETREAT RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CHANGE THE TERMS UNDER WHICH WWW.HATARETREAT.COM IS OFFERED. THE MOST CURRENT VERSION OF THE TERMS WILL SUPERSEDE ALL PREVIOUS VERSIONS. HATA RETREAT ENCOURAGES YOU TO PERIODICALLY REVIEW THE TERMS TO STAY INFORMED OF OUR UPDATES.

HATA RETREAT WELCOMES YOUR QUESTIONS OR COMMENTS REGARDING THE TERMS:

HATA RETREAT

PO BOX 215

JOSHUA TREE, CA 92252

EMAIL ADDRESS:

HELLO@HATARETREAT.COM

EFFECTIVE AS OF NOVEMBER 1, 2022