POCONO EVENT CENTER TERMS AND CONDITIONS

All Event Fees and materials are non-refundable.

However, Attendees can request a credit towards an online event of the same or lesser price within a calendar year IF you cannot attend your Event and notify us by writing (postmarked at least 3 days prior to the Event) at PEC, POB 4134, Jim Thorpe, PA 18229. Those who are barred from entering per our COVID/sick policy can request to attend ONE online or in person Event of the same purchase price or lower, within one calendar year, subject to availaibility.  Required 7 or more days written notice to us.  You can write us at POB 4134, Jim Thorpe, PA 18229

All online purchasers must bring the card used to book (this is called Card Present). Government issued photo ID may be requested to prevent use of stolen/lost cards. (This is a tourist town).

Throughout the site, the terms “we”, “us” and “our” refer to the these Parties related to the Undersea Spa of Pocahontas: its directors, owners, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, tutors, makers or licensors. We offer our site, including all information, tools, communications, media and services available to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

We sell products, services and Events/Seminars/Webinars/workshops. Before placing an order with us, you must agree to our Booking Terms and Conditions herewith. Please read our carefully and ensure that you understand them.

By visiting our site and/ or purchasing anything from us or attending, you engage in our “Service” and agree to be bound by these Booking Terms and Conditions including those additional terms and conditions and policies referenced herein and/or available by links or anciliary links or sites. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, makers, tutors, merchants, and/ or contributors of content.

If you advance purchased something and could not attend, items may no longer be available after the Event.  If they are, you are responsible for shipping and handling fees and providing a correct, non-PO box street address.

BOOKING CONDITIONS

Payments: We accepts Payments securely using most debit and credit cards including Visa, Mastercard, Discover and American Express or payment services directly available via our site payment processors.  At the physical location, transactions below $15 are made in cash. We do not accept promises of payment or checks of any kind. Payments are made through the website or other online sites or in person at the Pocono Event Center. We use payment processors such as Stripe and Paypal and Fresha and therefore we personally  do not store any credit or debit card nor your personal details. You hold us harmless from any hacking or loss experienced at/by these processors. 

Anyone trying to force a re-schedule, cancel, refund, change, or adjust any or extortion/blackmail attempts (via threatening negative reviews or other actions by them or indirectly by others) should understand that we prosecute ALL such fraudulent actions to a County of Fulton, State of Pennsylvania magistrate. You agree to this jurisdiction, and to summary judgment and are liable for all our legal fees and costs and a minimum $7500 judgment for damage to our business as well as a minimum $5000 Retainer paid by you to our attorneys.

Cancellation/Rescheduling: We reserve the right to re-schedule or adjust any workshop or course details with a minimum of 24 hours notice when  circumstances beyond our control require us to do so. This happens  rarely but examples of why this would be necessary would be due to force majeure, illness, unexpected unavailability of guest speaker, bereavement, adverse weather conditions or Act of God. We are not liable for any other loss or inconvenience on your part. We ask for your understanding should this apply but we reiterate that this happens rarely.

With some workshops, events, tours, courses, etc. We do have a minimum number of participants required in order for the workshop or course to proceed. This is often due to minimum orders of workshop materials required. With workshops, events, tours, courses, etc, we conversely have a maximum capacity due to social distancing or the ability to deliver an Event effectively. Should we need to cancel an Event due to these circumstances, we would refund any Payment in full.  This theoretically might take up to 60 days, as payment processors and banks are involved.

Please read these Booking Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Pricing: We pride ourselves on our realistic, competitive and honest pricing for all of our goods and services. Prices for our products are subject to change without notice. Others in attendance may have paid more or less than you. This could be due to a special offer, coming from a third party booking agency, looking far ahead or same day, group discounts, packages, membership, local discount, were a number of other reasons. This is no different than the airline industry. No adjustments will be made on other tickets nor will we disclose what other people pay.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Safety and Related: You agree that by purchasing a ticket and or attending an event workshop class seminar or similar, you hold harmless Pocono Event Center, Undersea Spa, Lenape-Susquehannock Reservation/Micronation, Mountain Man Journeys, Native Wellness, and any guest speaker or other organization or party for any of the following: actions by any attendee, actions by any branch of the government including police fire ambulance or emergency workers, actions by any terroristic outside or criminal element, weather events, natural disasters, illness/loss/injury/death related to a pandemic/endemic/transmissible disease by any known or unknown pathogen or other vector whether by someone attending or not attending one of our Events, Tours or similar, acts of God, any health or personal issues anyone in your party may experience unrelated to attendance, damage destruction or caused by building water wind or Earth movement, any loss harm or death beyond our reasonable ability to prevent or foresee, any action on our part excepting gross negligence as determined by a County of Fulton, State of Pennsylvania Magistrate, and you agree that any loss damage injury or death will be limited to the price of your ticket. All claims must be filed within 3 business days after your Event/Tour/Workshop/Course or similar, regardless of the age of the attendee.

SEATING

Pocono Event Center padded-chair seating is intended for those 275 lb or less. If you exceed this, you must use the non-padded seats, which have a higher weight rating.  Those who surpass this weight limit and do not, do so completely at their own risk.

Once you seat yourself, do NOT change seats.  We are in a pandemic.  Also, we socially distance.  Do not rearrange audience seats without checking with us; do not seat yourself next to other groups when space is available.

ERRORS AND OMISSIONS

You understand and agree that we do our best to provide accurate timely and quality information, products and services in as safe manner as possible in accord with known laws (per our understanding). No guarantees, warranties or promises of any kind are made. 

You agree that in any and all cases of loss inconvenience injury harm or death including any ADA activity, the maximum damages are limited to the purchase price of your Event/Course/Your/similar ticket, whether or not you paid.

You understand and agree that you and all in Your Party regarding any Errors or Omissions or damages claim, any insurance or legal action you pursue against us can only be pursued in the County of Fulton, State of Pennsylvania and that any case contrary to these Terms and Conditions must be immediately dismissed in all cases by our or any other insurance company or magistrate with all of our legal or other costs fully reimbursed by your Party. 

Pocono Event Center and Lenape-Susquehannock Reservation/Micronation is part of Undersea Spa of Pocahontas, an S Corporation registered in the state of Pennsylvania. By attending an Event or similar, you agree any legal action is solely against the Undersea Spa of Pocahontas Corporation, a limited liability entity and you agree that for any reason, you have no claim against Owners, Staff, Vendors, Agents, Property, Furnishings/Equipment or Representatives or any other party associated with the Corporation, their personal property, their person, etc. By naming any other Party than the Undersea Spa, you agree your entire claim will be dismissed by the Magistrate.

You further understand and agree that any claims are also limited by coverage from their current insurance in force whether expired or unexpired and any claims beyond that must be disregarded by the Magistrate.

PRODUCT USE, SAFETY AND LIABILITY

Please note that any Products we sell at an event, gift shop or online are NOT manufactured or produced by us. They are not intended for use by minors. You understand and agree that:

• We do not design any retail/food product we sell
• We do not produce any retail/food product we sell
• We do not knowingly sell any product with flaws or defects or other issues. Neither do we make a concerted effort to examine each item in that way, if it is not obvious on the surface.  We do not open boxes or containers to look for these.
• We bear no responsibility for anything sold/given by a guest speaker/charitable or other organization,
• We do offer products or sell knowingly to minors.  It is the responsibility of the purchaser to make the risks and details in the section clear to minors. If the minor cannot understand, then you become the responsible party for their usage.
• If you have any doubts allergies or issues with any food or other product you purchased, DO NOT USE IT. Continuing to use it is solely at your own risk.  If you are having any kind of reaction or medical  issues, seek medical attention immediately. You understand and agree Pocono Event Center, Lenape-Susquehannock, Mountain Man Journeys, Native Wellness, speakers, staff, guest companies, or other Parties have no responsibility to provide first aid, medical attention, medical transport, medical coverage, compensation, medical/dental insurance to any attendee or shopper or others in or out of the building for any reason.
• If you believe your product is defective in any way, DO NOT USE IT. Continuing to use it is solely at your own risk. Although all sales are final, products that you present us that are unopened and unused and undamaged (by you), that have a clear defect, may be refundable through a supplier.
• Anything we sell perceived as a “weapon” or “ammunition” or “projectile” or similar – bow, archery related, air rifle, etc we are only introducing you to a craft. Stone/native points or similar are for DISPLAY PURPOSES ONLY. We provide no warning, no industry training, usage or other information, other than any included in the original packaging from the manufacturer/wholesaler/reseller. You are completely responsible for learning proper usage, training, care, practice at a range, proper storage, assessing the safety or usability of your purchase. Anyone you cause to be injured or experience loss is solely at your and their risk. How you use it is your decision. We do not instruct, educate, encourage or otherwise have anything to do with its usage.
• Anyone using a product in a way inconsistent with its purpose or design, or one with obvious flaws does so solely at their own risk. You bear 100% of the burden of learning how to properly use the product and practicing reasonable care in your use display and storage of the product.
• You understand any damage claims for purchases are limited to the purchase price and all claims must be filed within 3 business days of purchase regardless of age of user or purchaser JJ.
• Anyone without the original store receipts understands they have no claim of any kind.
• Some products we sell may no longer have an identifiable producer/designer/reseller. This is often obvious by the nature of the item. In such cases, you purchase at your own risk.
• If you have any questions, issues or uncertainties with a purchase, notify us at once (direct questions to the Undersea Spa Gift Shop.
• Any liabililty claims must be directed to the producer/designer, if any.

We have no expectation of medical or other coverage by PEC for any reason. We agree that all claims are limited to the product purchase price, that loss of my receipt voids all claims (we do not keep or provide replacement copies), are subject to Pennsylvania and American law, and must be filed through the magistrate in County of Fulton, State of Pennsylvania. If any section of these Terms are held invalid per prevailing law, all remaining provisions remain in full force and effect. There may be additional ingredients not listed OR listed ingredients may not be at the level on the package.

Jewelry or items with small parts: these are a potential choke hazard, and I will keep these away from smaller children or those of limited understanding.

Soap or candles or similar crafts or products: I agree all of these have well known expected usages and even potential dangers, and it is the user’s responsibility to apply the. I must keep them out of the reach of minors or those of limited understanding. I understand candles must not be left unattended and should be kept away from curtains or any potential flame hazard. Soap and slippery items or anything on floors/steps/chairs is a trip/slip/fall type hazard and I understand it is my responsibility not to leave it in such a manner, wet or dry, where a person might be hurt.

Food & Drink: I understand that PEC is a retailer only of these items, that they do not open or serve restaurant style, and that it is solely my responsibility to ensure any food or drink appears without defect and is consumed safely, and it is my responsibility with regard to minors or those of limited understanding to ensure that they consume it safely.

Herbal/Medicinal: As to “Failure to Warn” or Errors&Omissions, in buying this I have agreed that it is SOLELY my duty as the purchaser to research and take actions I may deem necessary regarding any ingredients that may be listed as active/inactive — for me or anyone else using the product, regarding potential harm. It is my duty to retain any instructions/cautions/warnings that might come with a product or on the packaging or from PEC. 

It is my duty to understand the dosing, interactions, and usage information of this product. I understand that edible non-food products are not given to minors or those who may be of limited understanding; doing so voids all claims forever.  If the packaging or product appears defective, we will not use it and will notify PEC immediately in writing (email, etc).

For herbal or medicinal product, we are cautioned or provided instructions regarding patch test/”drink” test for reactions, we are responsible to properly apply it and assess, to ANYONE before they consume the product, and we realize that reactions still might occur now or in the future. If anyone who consumes it appears to have any reaction, we will immediately seek medical attention.

As to “Failure to Warn” or Errors&Omissions, in buying this I have agreed that it is SOLELY my duty as the purchaser to research and take actions I may deem necessary regarding ingredients (if listed) that may be listed as active/inactive — for me or anyone else using the product, regarding potential harm. It is my duty to retain any instructions/cautions/warnings that might come with a product or on the packaging or from PEC. 

If unfamiliar with a product or usage, it is my responsibility to ask questions IN WRITING, and when PEC staff is not engrossed in pressing business activities. I understand PEC may not have any additional details, and I understand they are not therefore responsible in any way. We have no expectation of medical, emergency or other coverage or reimbursement by PEC for any reason. We agree that all claims are limited to the product purchase price, that loss of receipt or accompanying paperwork voids all claims (we do not keep details of your transaction). 

If any section of these Terms are held invalid per prevailing law, all remaining provisions remain in full force and effect. There may be additional ingredients not listed OR listed ingredients may not be at the level on the package.

If either Party files a claim related to a product/service issue in spite of these Terms &Conditions,  they agree to arbitration through FairClaims.com and waive the right to request a continuance; the Party bringing the claim must file within 3 days of purchase of product/service, agrees to pay the Fees for both Parties when filing, as well as $5000 min or the required retainer for the “Defendant’s” attorneys and $7500 for potential subject experts the “Defendants” may require in their defense. The Claimant agrees if they lose, they cannot appeal. If the Defendant loses, they have 7 years to file with the magistrate in County of Fulton, State of Pennsylvania. Again, the Claimant will pay $5000 minimum or the required retainer to the Defendant’s attorneys and an additional $7500 for potential subject experts in their defense. 

All matters are subject to Pennsylvania and American law. We understand there can be interactions with my OTC/prescription meds or supplements. Some products have no listed end date, ingredients, instructions, warnings are cautions, or even packaging. I understand that PEC attempts to sell only safe products, but they do not test individual 3rd Party products for heavy metals, adulterants, toxins, insecticides, herbicides, ingredient levels, or in any other way.  Any plant substance can cause a reaction now or later. 

I totally agree it is extremely unlikely that one or a few bottles of any supplement or a short course of supplementary treatment led to any lasting, irreversible organ or other bodily damage. And that I have no claim for short term/reversible issues or inconvenience. I will refrain from using while pregnant, nursing, being treated for serious medical conditions. It is our responsibility to consult with our doctor(s) before use, especially if taking prescription medications, being treated for/have serious medical conditions.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. Sometimes, a product may become unavailable. Or we may have to substitute with a similar offering. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

PERSONAL INFORMATION

Your submission of personal information is governed by our Privacy Policy. 

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall we be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the purchase price of the ticket product or service of the impacted party, but in all cases limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold us harmless from any claim or demand, including reasonable lawyers’ fees, made by you or any third-party due to or arising out of your breach or lack of understanding of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

CHANGES TO TERMS AND CONDITIONS

You can review the most current version of the Terms and Conditions at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about our Terms and Conditions can be sent to us in writing at POB 4134, Jim Thorpe, PA 18229

POCONO EVENT CENTER WEBSITE TERMS AND CONDITIONS

PAYMENTS/REFUND POLICY

All sales are final and nonrefundable for any reason (in the same way that medical treatment is nonrefundable). That includes “dissatisfaction of services received: or claims of “services not received”. As we made clear, results can vary for the individual. All payments must be full in BEFORE receiving any services from Native-Wellness.com or The Undersea Spa of Pocahontas. We do not take checks, except verified cashier’s checks. Those seeking a refund anyway via a dispute or chargeback for any reason cause serious financial and reputational harm to a business. Persons leaving negative publicity, seeking a refund are committing a form of blackmail. In every case, we immediately file in court, and you agree to a minimum $7500 judgment – (summary judgment) in our favor and agree to pay a minimum $5000 retainer to our attorney. You agree all legal cases will be heard in the County of Fulton, State of Pennsylvania.