Effective Date: December 1, 2023
Sacred Ohms is a platform that connects the owners of retreat properties and homes (“Ohms”) to retreat leaders who are seeking an energetically aligned space that is tailored to fit their desires for hosting their experience.
This Agreement is by and between us, Sacred Ohms, LLC (“Sacred Ohms,” “we,” “us,” or “our”) and you. Your access to this agreement is contingent upon your acceptance of the terms and conditions provided below, in the event that you do not agree with our terms and conditions, we ask that you kindly refrain from using this website to avoid being subject to this Agreement. By registering, accessing or site, making a property available for rental, or booking a property, you agree to the terms of our Privacy Policy and the terms provided herein.
Our Terms and Conditions apply to all users on our site, including without limitation Ohms Owners, retreat Leaders, and browsers. As such, we reserve the right to refuse service to anyone for any reason at any time.
We provide you and all Ohms Owners with access to the Platform subject to the following Terms of Use, which may be updated from time to time without notice to you. Any new features or tools added to the website shall also be governed by these Terms and Conditions. We reserve the right to update, change, or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our Platform is hosted on sacredohms.com, providing us with the online platform that allows us to connect various Sacred Properties and retreat Leaders.
Sacred Ohms platform is designed provide you with an opportunity to publish, offer, search for, and reserve Sacred spaces. While we serve as a nexus between parties, it's important to note that we do not have control over the behavior of Retreat Leaders and Ohms Owners. In an effort to maintain the integrity of the platform, however, our team may, from time to time, inspect, restrict, remove, or modify listings to: manage, safeguard, and enhance the platform (this includes actions for fraud prevention, risk assessment, investigation, and customer support); (ii) ensure members adhere to these Terms; (iii) comply with legal obligations or directives from courts, law enforcement, or other regulatory bodies; (iv) deal with content we deem harmful or offensive; (v) implement measures outlined in these Terms; and (vi) uphold and enforce quality and eligibility standards, including the removal of listings that fail to meet these criteria.
We also note that we do not act as an agent for either party, except in scenarios where we serve as a collection agent.
During the registration process, you will be asked to select a unique Login ID and Password (“Log-In Information”). Sacred Ohms will grant you access to the platform using the log-In credentials that you create, provided that your credentials comply with the requirements established by Sacred Ohms. We do not represent or warrant that your Log-In Information will be available for use. You shall be responsible for securing and maintaining the confidentiality of your Log-In Information and you shall be solely responsible for all acts and omissions taken by any third party using your Log-In Information. You shall immediately notify Sacred Ohms in the event of any known or suspected unauthorized use or disclosure of your Log-In Information.
Our Platform may contain links to or integration of third-party websites or services that are not affiliated with Sacred Ohms (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on or the Leaders of such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator for those External Sites if you have any concerns regarding such links or any content located on such External Sites. Sacred Ohms does not control these External Sites or services, is not responsible for the content of any linked External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites. If you decide to access any External Sites, you do so at your own risk. You agree that Sacred Ohms will have no liability to you arising from your use, engagement, exposure to, or interaction with any External Sites. (“External Sites”).
Sacred Ohms may use a point-of-sale software or a gateway service (“Third Party Servicers”) that provides Ohms Owners with an Interface with Retreat Leaders so that they can accept reservations. The fees and terms established by Ohms Owners and any services or facilities offered by may be set forth in a separate agreement between Ohms Owners and Retreat Leaders.
As a Retreat Leader, you are granted access to utilize our platform to research facilities, experiences, or any other services you may need to carry out your experience. As a Retreat Leader, you shall be responsible for managing your own booking, which includes coordinating directly with the Ohms Owners and remitting payment through our platform. As such, you are responsible and liable for your own acts and omissions.
As a Retreat Leader, you are responsible for ensuring that you do your part to carry out the reservations posted through our platform. In addition, your responsibilities shall include:
In addition to the above, and for the safety of all parties, we reserve the right to monitor all communications carried out between Retreat Leaders and Ohms Owners. As such, Retreat Leaders carry a responsibility to refrain from engaging in the use of third-party sites to communicate with Ohms Owners, sharing personal contact information with Ohms Owners outside of this Platform, making retreat arrangements with Ohms Owners outside of this Platform, and/or taking such other actions outside the Platform, as may be solicited, or encouraged by an Ohms Owner. If it is discovered that you have violated the terms of this Agreement, we reserve the right to deactivate your profile and revoke access to our Platform with or without prior notice.
In addition to the above, and for the safety of all parties, we reserve the right to monitor all communications carried out between Retreat Leaders and Ohms Owners. As such, Retreat Leaders carry a responsibility to refrain from engaging in the use of third-party sites to communicate with Ohms Owners, sharing personal contact information with Ohms Owners outside of this Platform, making retreat arrangements with Ohms Owners outside of this Platform, and/or taking such other actions outside the Platform, as may be solicited, or encouraged by an Ohms Owner. If it is discovered that you have violated the terms of this Agreement, we reserve the right to deactivate your profile and revoke access to our Platform with or without prior notice.
In the event that you have any issues with your reservations made through one of the listed Ohms Owners, you agree to communicate and escalate those issues directly with us and the Ohms owner. Ohms Owners also agree to work on any issues that you may have with them directly, and without liability to Sacred Ohms.
If you decide to cancel a reservation, the refund you receive will depend on the cancellation policy set by the respective Ohms owner. Should there be extenuating circumstances, you might qualify for either a partial or complete refund. On the other hand, if the Ohms owner cancels or if there is an issue with your travel, you may be provided with an option to rebook or request a partial or total refund.
Should there be any changes to a booking, it is up to both the Retreat Leader and the Ohms property owner to arrange the details of the modification amongst themselves. You must also agree to cover any extra costs, charges, or taxes that come with the change.
You recognize that participating in certain activities involves unavoidable dangers and, to the extent allowed by law, you accept full responsibility for any risks that arise from your use of the platform and any content. This includes your stay at accommodations, engagement in experiences, or use of any other services provided by Ohms Owners, as well as any interactions with other Retreat Leaders, whether face-to-face or online. Essentially, it's up to you to thoroughly vet any service provided by an owner to ensure it meets your needs. For instance, such services might pose the risk of sickness, injury, disability, or even death, and by opting to use these services, you knowingly and voluntarily accept these risks.
By booking retreat properties through our Platform, you acknowledge that you are entering into a direct Agreement with the Ohms Owner. As such, you also agree to pay our booking fee in the amount equal to eleven percent (11%), including corresponding processing fees, for each booking, which shall be deducted from your payout which will be issued within 5-7 business days from a booking, unless otherwise specified.
As an Ohms Owner, you are granted access to utilize our platform to showcase your facilities, experiences, or any other services you provide to our retreat Leaders. As an Ohms owner, you shall be responsible for establishing your own pricing, managing your availability and implementing the house rules for your retreat properties. As such, you are responsible and liable for your own acts and omissions.
As an Ohms Owner, you are responsible for ensuring that you do your part to carry out the reservations posted through our platform. In addition, your responsibilities shall include:
In addition to the above, and for the safety of all parties, we reserve the right to monitor all communications carried out between Retreat Leaders and Ohms Owners. As such, Ohms Owners also carry a responsibility to refrain from encouraging or soliciting Retreat Leaders to use third-party sites, sharing their contact information outside of this Platform, making retreat arrangements with registered Retreat Leaders outside of this Platform, or taking such other actions outside this Platform that may be in violation of the terms within this Agreement. If it is discovered that you have violated the terms of this Agreement, we reserve the right to deactivate your profile, remove your listings, and revoke access to our Platform with or without prior notice.
By listing retreat properties through our Platform, you acknowledge that you are entering into a direct Agreement with the Retreat Leaders. As such, you also agree to pay our listing fee in the amount equal to four percent (4%) for each booking, which shall be deducted from your payout which will be issued within 5-7 business days from a booking, unless otherwise specified.
Your use of the Platform may involve the transmission to us of certain Personal Information. Our policies with respect to the collection and use of such Personal Information are governed according to our Privacy Policy which is hereby incorporated by reference in its entirety.
Prices for products listed on our site are subject to change without notice. We reserve the right at any time to modify or discontinue the Service or products (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.
From time to time, we may develop, prepare, create, and/or highlight retreat experiences or guides to enhance your booking experience from our blog. You acknowledge that our guides, posts, recommendations, and anything contained within our blog are created purely for inspiration purposes, and that we shall not be held liable for any loss, damages, breach of contract, warranty, negligence, strict liability, in tort or otherwise sustained from relying on our suggestions through any Ohms Owner. You also acknowledge that the Ohms Owner, not Sacred Ohms, LLC, is responsible for addressing any claims of yours relating to the property or your possession and/or use of the facility, including, but not limited to: (i) general liability claims; (ii) any claim that the property fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
By uploading photos to your profile, you are agreeing that Sacred Ohms reserves the right to utilize any photographs you submit for marketing on social media platforms or for promotional purposes on the website, blog, or other marketing collateral without requiring further consent or compensation.
In addition to other prohibitions as set forth in this Terms and Conditions, you are prohibited from using the Sacred Ohms site or its content:
All title and intellectual property rights (including without limitation, copyrights, patents, trademarks, and trade secrets) in and to the Sacred Ohms Websites (including but not limited to, related software, images, photographs, animations, video, audio, music, text, and content), are owned by Sacred Ohms, its affiliates, or licensors. All title and intellectual property rights in and to the information and content which may be accessed through use of the Sacred Ohms websites are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement does not grant you any rights to use such content, nor does it grant any rights to the Sacred Ohms, other than the right to use the Sacred Ohms Website according to the terms of this Agreement.
THE PLATFORM, THE SERVICES AND ALL CONTENT, FUNCTIONS AND MATERIALS MADE AVAILABLE TO YOU THROUGH THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
NONE OF SACRED OHMS, ITS AFFILIATES, SUBSIDIARIES, PARTNERS, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “SACRED OHMS PARTIES”) OWN OR CONTROL THE THIRD-PARTY PROPERTIES THROUGH WHICH YOU BOOK RENTALS. NONE OF THE SACRED OHMS PARTIES IS A PARTY TO, ANY TRANSACTION, COMMUNICATION OR INTERACTION BETWEEN YOU AND THE THIRD-PARTY OHMS OWNER OR BETWEEN YOU AND OTHER USERS OF THE THIRD-PARTY PARTNER WEBSITE OR OTHER USERS OF THE SERVICES.
IN CONNECTION WITH ANY WARRANTY, CONTRACT OR COMMON LAW TORT CLAIMS: (I) NONE OF THE SACRED OHMS PARTIES SHALL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE PLATFORM OR THE FACILITIES, EVEN IF A SACRED OHMS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE PLATFORM OR THE FACILITIES SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
THE PLATFORM AND THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, PRICING, OR OTHER ERRORS LISTED ON OR OMITTED FROM THE PLATFORM OR THE SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE PLATFORM AND THE SERVICES AT ANY TIME WITHOUT NOTICE.
Any Provision within these Terms that’s deemed prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
You agree to defend, indemnify, and hold Sacred Ohms, including any heirs, assigns and its successors, harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from:
We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
The Platform and the Services are based in the United States. We make no claims concerning whether the Platform, the Services, and the Content may be viewed, or be appropriate for use outside of the United States. If you access the Platform, the Services, or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Platform and/or the Services, at any time and for any reason without prior notice or liability. You may terminate your account at any time by following the instructions in your account settings. We reserve the right to change, suspend, or discontinue all or any part of the Platform and/or the Services at any time without prior notice or liability.
We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material hosted by our Platform or Platform, and wish to provide us with a Notification of Claimed Infringement, you may contact us through our Designated Agent under the Digital Millennium Copyright Act (the “Act”) as follows:
Any notice alleging that materials hosted by or distributed through the Platform or Platform infringe on intellectual property rights must include the following information:
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
In the event of a dispute arising under or relating to this Agreement (each, a “Dispute”), either party may elect to resolve the dispute finally and exclusively by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website http://www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
Any legal claim must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.
If this Agreement is terminated in accordance with the Termination provision above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Fees and Payment” (until you pay all fees and taxes due hereunder), “Intellectual Property,” “Member Content; Licenses,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” “Controlling Law,” “Binding Arbitration,” “Class Action Waiver,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
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. By continuing to use or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of our changes.
Questions about the Terms of Service should be sent to us at contact@sacredohms.com.