Terms & Conditions

Terms & Conditions

General Release of Liability & Waiver / Terms & Conditions

We, the Undersea Spa of Pocahontas and Native-Wellness (referred to as “We/Us/Our/Ours/N-W/similar”) including its subsidiaries, affiliates, related entities, property, landlord, vendors, family, owners, partners, agents, legal representatives, officers, directors, employees, heirs, successors, and assigns, understand the importance of clarity and transparency in release and liability waivers. Therefore, we want to make sure that you, (referred to as You/Your/Yourself/Us/Client/similar) including its related entities, family, partners, agents, legal representatives, heirs, successors and all other parties associated with you, fully understand the terms and conditions outlined in this document, which is a Release and Liability Waiver.

First and foremost, you acknowledge that these are the sole and complete terms that bind our relationship. Any other terms or promises not explicitly stated in this document hold no weight or legal obligation. We are not responsible for any assumptions made based on verbal communication outside of these terms.

As a unique practice perhaps considered like complementary medicine such as massage therapy, herbalism, yoga, biofeedback, acupuncture, and tai chi, we want to make it clear that we do not practice western medicine, and we do not seek to replace standard medical practice. Any counsel, advice, or recommendations we provide should be treated as informational and educational in nature, similar to a publisher of information. You and all parties involved with you or in your group/party indemnify and hold us harmless for any counsel or discussions provided.

The purpose of Native-Wellness.com is to improve the overall health, vitality, and well-being of the body primarily through consultations, lifestyle suggestions, and the use of “Custom Preparations” or 3rd party non-medicinal dietary supplements or helpful devices. We do not diagnose diseases, disorders, or similar. We are not medical doctors nor do we “practice medicine”.

As part of Native-Wellness.com Services, the Client may be asked to provide information concerning physical/mental habits, medical history, allergies, current/past supplementation and prescriptions, moods, energy levels, likes and dislikes, lifestyle, diet and other applicable parameters. This information is collected to enable us to: (i) assess your current wellness habits and understanding, (ii) provide Lifestyle/Wellness/Dietary suggestions and education (iii) customize plant based and supplentary preparations to improve your general health, vitality, and overall well-being. We will hold this information in confidence (using HIPAA Compliant methodologies) and will not release or disclose this information to any other Party, without Client prior consent, except as required by applicable law. Due to the chances of fraud or scams, any international request for your information is likely to turned down or we will provide it to you and you would have to provide it to legal requesters.

If we suspect the existence of a disease, disorder, or similar, the Client understands we might be wrong or might need more details or information, might be informed of this suspicion. However, Client acknowledge this is not a diagnosis or conclusion about the state of my health and that I am directed to promptly consult my medical practitioner about any suspected problems.

It is important to note that any plant-based or supplementary offerings we customize specifically and ONLY FOR YOUR USE are considered in the role of an individual “herbalist” and are not currently considered subject to the cGMP (Good Manufacturing) process and they are not intended as an item for general retail sale. We also do not service minors or those of limited mental capacity as clients in any way for any reason. The FDA and FTC have left this area rather nebulous. You hold us harmless for any and all claims or complaints related to labeling or cGMP expectations. You agree these are not “products” or anything meant for use by others or for resale/barter/gifting/exchange/etc.

While we may provide suggestions and plans for your general health and wellness, it is ultimately up to you to become informed, discuss with appropriate individuals and professionals, take necessary precautions, and exercise personal due caution. We make no claims or promises as to personal results, and any herbal or nutritional supplements recommended are traditionally considered safe in the practice of herbalism as well as traditional Chinese, Indian, or other medicine, although some may be toxic in large doses. Your regimen may result in no benefit or much benefit or somewhere in between. It may take weeks to provide maximum benefit and at some point in the future, the benefit may diminish (this is called tolerance building). You may experience side effects, as with any drug or supplement. Individual results will vary.

Furthermore, while we follow many research studies, studies cannot be considered as the be-all-and-end-all for the topic studied. One or multiple medical studies are not to be considered as the authoritative or final answer in medicine or science. We are not physicians and do not practice medicine or prescribe medications.

  • If we customize something for you, it is proprietary based on a huge amount of research on our part and we rarely disclose what is in it.  You agree and indemnify and hold us harmless for this procedure/method in using such services. Upon your written request, we can prepare a list of known (to us) side effects the first time you start your subscription, as available (if you didn’t get it, please ask).
  • If you must know the contents of any proprietary custom preparation, there is a $15,000 fee in cleared funds for the reveal, and you must sign a nondisclosure (NDA) to not reveal to anyone else. Without the disclosure, it is $95,000 in cleared funds. We reserve the right to ensure that payment has cleared prior to producing same.
  • If you are pregnant or nursing, being treated for a medical condition, taking OTC or prescription medications, or have other similar situations, it is your responsibility to consult with your doctor prior to the use of any counsel, advice, products, services, or offerings from us.

Any liability of N-W, for any and all claims, are limited to the cost of ONE appointment or ONE month of subscription service or ONE product (purchase price), not to exceed $250 for a good/service rendered and only if paid for. You agree it is extremely unlikely several bottles of any supplement or a short course of treatment causes lasting, irreversible organ or other bodily damage injury harm or death; no claim for damages can be brought against us for alleged harm or death. Claims must be filed within 30 days of receipt of subject product/service/custom prep as follows, along withcompetent medical testimony (below). You agree that were required to provided a valid government photo ID at your first consultation to properly confirm identity of client (not the 15 minute initial consultation) and We must have it on file, otherwise You agree You give up all rights to make a claim. You agree that the 15 minute consultation involves no personal advice, custom prep or product.

You understand that all claims are limited to the coverage and settlements of our current insurance provider. You agree that you only receive custom preparations (plant-based/herbal/supplementary) and the FDA considers us similar to an herbalist. You agree anything you receive from us as part of your paid service with us, falls completely under “Professional Liability” and You waive any rights for claims identified or related in any way as “product liability” or similar regardless of your opinion, location and prevailing law.  You agree that any and all claims are limited to what is provided by our Insurance Provider in force at the time of your service, whether in settlement or any result of a court/governmental/regulatory decision.  You also agree that if the insurance company denies your claim, you waive any right to also or further pursue Native-Wellness or Undersea Spa in any manner. We are not a retailer and you completely agree we do not manufacture/create “Products”. Again, we are to be considered similar to Health Coaches. You agree that anything you claim as labeling Noncompliance with any governmental agency will result in immediate dismissal of your claim and bring potential liability for N-W’s legal costs.

In all cases, you totally agree and understand that YOU must completely establish and demonstrate the four standard elements of Duty, Breach of Duty, Causation, and Damages in all points, including:

  • That it is your obligation to provide relevant and competent healthcare experts as witnesses that must appear to testify and establish these facts.
  • Proof that your treatment fell below acceptable standards, per standard complementary/alternative practice.
  • Proof that the negligence directly caused an injury or resulted in a worse outcome you
  • That all settlements and judgments will be within the bounds previously agreed to above.

Mediation-Arbitration:

Notwithstanding the foregoing, any dispute, claim or controversy under $3,000 in value arising out of or relating to this agreement, or the breach thereof; the Parties agree that all claims and disputes arising under or relating to this Agreement are first to be settled by mediation administered by Arbitration Resolution Services (ARS). The parties expressly agree to abide by the Mediation Rules & Regulations of ARS as found at the ARS website, www.arbresolutions.com. Any unresolved disputes arising under or relating to this Agreement are to be settled by binding arbitration. The arbitration shall be conducted by ARS and the parties shall be bound by any and the applicable arbitration rules of ARS and any award/decision rendered. ARS rules can be found at the ARS website. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all decisions. Any such arbitration shall be conducted by an arbitrator experienced in [insert industry or legal experience required for arbitrator]and shall include a written record of the arbitration hearing. An award of arbitration may be confirmed in a court of competent jurisdiction. Unless the parties agree otherwise, the same individual will not serve as both mediator arbitrator.

You agree that We are ONLY registered in PA. We have no offices, sales or other nexus in any other state/province/country. Whether you come into our physical locale/business being/traveling/moving from within PA or from another locale, order/use our products/services onine in any way in another nexus, meet with us outside of PA for some reason, you FULLY AGREE we have NO foreign registration outside of PA and you waive the right for any reason to file any legal action outside of Carbon County, PA court system. You agree we have not consented in any way to any in-person, non-arbitration legal action outside of this County.

In conclusion, it is your responsibility to use any products or services provided by us as directed, including not “upping the dose” or “combining it with other similar treatments” when you don’t get the desired effect. We are not responsible for any harm caused by misuse or misinterpretation of our offerings, and you agree to indemnify and hold us harmless for any harm, loss.

Payments

  • Payments are always made PRIOR to treatment. Note that some payment methods need to be prearranged and may not be available. Fee arrangements:
    • (No Fee) Cash, PayPal 4-Pay. Money Orders (only from major/local banks/Walmart/USPS). Note – all excess cash is immediately removed from store and deposited for security reasons.
    • (4% fee) Venmo, Zelle, Bitcoin (and @ liquidated value), American-based Credit/Debit Cards (AMEX, M/C, Visa, Discover only). In using these methods, you agree that you waive your rights to a chargeback/dispute for ANY reason.
    • ($19 pickup fee) Walmart-to-Walmart, Western Union, Moneygram.
  • Credit Card payments over $250 – ONLY by: Verified by Visa, Mastercard SecureCode, American Express SafeKey. These also require a current Govt Photo ID with purchase. This is a tourist town – we are protecting the cardholder and ourselves.
  • NOT ACCEPTED to avoid fraudulent chargebacks: checks, foreign currency, cashier’s checks, traveler’s checks, bank checks, ACH transfers, Apple Pay, Google Pay, Samsung Pay, Amazon Pay, Walmart Pay, any other “eWallet”, “eGold” “barter” or any other service that is nonstandard or allows a “reversal” of payments.
  • Services like ours are rarely included in medical coverage or HSA/FSA Cards. We are hopeful that in the future, this changes. However, at this time, unless explicitly provided in writing prior to services, we cannot accept medical coverage.
  • 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”. You agree that the charges, limitations, any expectations and what would be done were explained ahead of time and that N-W performs their procedures to the best of their abilities. It is your responsibility to understand what you have contracted for. As we made clear, results can vary for the individual and we do not provide refunds for perceived effectiveness of any product or service. Chargebacks/disputes or causing/leaving negative publicity(slander, libel) or leaving negative publicity related to or unhappiness with these terms and conditions you agree to or performing any actions considered forcing/seeking a refund, means you agree to receive a minimum judgment against you and your estate of at least $8,000 in damage to the N-W business, in additional to any and all legal and pursuit of judgment costs. Any judgments against you will survive any bankruptcy agents by you/your estate.

Native-Wellness ASSUMPTION OF RISK

By purchasing and using N-W products, you acknowledge and accept that N-W is a retailer and not the manufacturer/designer of 3rd Party labeled products, and makes reasonable efforts to ensure the safety of custom preparations. However, N-W does not test ingredients for contaminants or other issues.

You agree to assume sole responsibility for researching and assessing the safety of ingredients for yourself and other users. Retain and follow any instructions, warnings, or dosage guidelines provided by N-W or the product (packaging, inserts). Do not provide these products to minors or individuals with limited understanding.

If the product appears defective, refrain from use and notify N-W immediately. Understand that allergic or other reactions may occur, and it is your responsibility to perform tests as advised. Seek medical attention and discontinue use in case of a reaction or other issues. N-W is not responsible for medical expenses or reimbursement.

You agree short term use of any product or custom prep is unlikely to lead to lasting, irreversible organ or bodily damage and you have no claim for reversible issues or inconveniences.

Claims are limited to the purchase price, subject to applicable Delaware law, and must be filed through the appropriate magistrate in Delaware. Noncompliance with these terms may result in immediate dismissal of your claim and potential liability for N-W’s legal costs.

If any part of this Assumption of Risk is deemed invalid, the remaining provisions remain in full force and effect. You agree there is a potential for ingredient discrepancies or interactions and accept responsibility for proper use, storage, and application of the products. Consult a doctor before use, especially if pregnant, nursing, or receiving medical care. By engaging with N-W products and services, you voluntarily assume full responsibility for any risks, injuries, losses, or damages that may arise.

OUR WEBSITE TERMS AND CONDITIONS

The Native Wellness website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Native Wellness website constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Native Wellness reserves the right to change the terms, conditions, and notices under which the Native Wellness website is offered, including but not limited to the changes associated with the use of the Native Wellness website.

LINKS TO THIRD PARTY SITES

The Native Wellness website may contain links to other websites (“3rd party sites”). The 3rd party sites are not under the control of Native Wellness and Native Wellness is not responsible for the contents of any 3rd party site, including without limitation any link contained in a 3rd party site, or any changes or updates to a 3rd party site. Native Wellness is not responsible for webcasting or any other form of transmission received from any 3rd party site. Native Wellness is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Native Wellness of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Native Wellness website, you warrant to Native Wellness that you will not use the Native Wellness website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Native Wellness website in any manner which could damage, disable, overburden, or impair the Native Wellness website or interfere with any other party’s use and enjoyment of the Native Wellness website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Native Wellness website.

USE OF COMMUNICATION SERVICES

The Native Wellness website provides various Communication Services, including bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and other similar platforms, designed to facilitate communication with the public at large or within specific groups (collectively referred to as “Communication Services”). By accessing and using the Communication Services, you hereby agree to utilize them solely for the purpose of posting, sending, and receiving messages and materials that are appropriate and relevant to the specific Communication Service. This includes, but is not limited to, the following:

  1. You shall not engage in defamatory, abusive, harassing, stalking, threatening, or any other activities that violate the legal rights of others, including rights of privacy and publicity.
  2. You shall not publish, post, upload, distribute, disseminate, or share any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topics, names, materials, or information.
  3. You shall not upload files that contain software or other materials protected by intellectual property laws, unless you possess the necessary rights or have obtained all required consents.
  4. You shall not upload files that contain viruses, corrupted files, or any other software or programs that may disrupt or damage the operation of another person’s computer.
  5. You shall not advertise or engage in any business-related activities, such as selling or purchasing goods or services unless explicitly permitted by the specific Communication Service.
  6. You shall not advertise or engage in any business-related activities, such as selling or purchasing goods or services unless explicitly permitted by the specific Communication Service.
  7. You shall not download any files posted by other users of the Communication Services if you are aware, or should reasonably be aware, that such distribution would be illegal.
  8. You shall not falsify or delete any author attributions, legal notices, or proprietary designations contained within uploaded files.
  9. You shall not restrict or inhibit other users from utilizing and enjoying the Communication Services.
  10. You shall comply with any applicable code of conduct or guidelines specified for each Communication Service.
  11. You shall not harvest or collect information about others, including email addresses, without their explicit consent.
  12. You shall not violate any applicable laws or regulations while using the Communication Services.

Native Wellness is not obligated to monitor the Communication Services; however, it reserves the right to review and remove any materials posted within the Communication Services at its sole discretion. Additionally, Native Wellness reserves the right to terminate your access to any or all of the Communication Services, without prior notice, for any reason whatsoever.

Please note that any materials uploaded to the Communication Services may be subject to limitations regarding usage, reproduction, and dissemination as posted. You are responsible for adhering to these limitations when downloading such materials.

Website Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE NATIVE WELLNESS WEBSITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES AND IMPROVEMENTS ARE REGULARLY MADE TO THE INFORMATION PROVIDED HEREIN. THE NATIVE WELLNESS AND/OR ITS SUPPLIERS RESERVE THE RIGHT TO MAKE IMPROVEMENTS AND/OR CHANGES TO THE NATIVE WELLNESS WEBSITE AT ANY TIME. HOWEVER, ANY ADVICE RECEIVED VIA THE NATIVE WELLNESS WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS, AND IT IS STRONGLY ADVISED THAT YOU CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE SUITED TO YOUR PARTICULAR SITUATION.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE NATIVE WELLNESS WEBSITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES AND IMPROVEMENTS ARE REGULARLY MADE TO THE INFORMATION PROVIDED HEREIN. THE NATIVE WELLNESS AND/OR ITS SUPPLIERS RESERVE THE RIGHT TO MAKE IMPROVEMENTS AND/OR CHANGES TO THE NATIVE WELLNESS WEBSITE AT ANY TIME. HOWEVER, ANY ADVICE RECEIVED VIA THE NATIVE WELLNESS WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS, AND IT IS STRONGLY ADVISED THAT YOU CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE SUITED TO YOUR PARTICULAR SITUATION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE NATIVE WELLNESS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE NATIVE WELLNESS WEBSITE, THE DELAY OR INABILITY TO USE THE NATIVE WELLNESS WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE NATIVE WELLNESS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE NATIVE WELLNESS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE NATIVE WELLNESS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. THEREFORE, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NATIVE WELLNESS WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NATIVE WELLNESS WEBSITE.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of this website are protected by Copyright owned by Native Wellness and The Undersea Spa. The logos displayed on this website are trademarks and service marks of The Undersea Spa. All other trademarks, service marks, and logos used on this website are the property of their respective owners. Without prior express written authorization, you are prohibited from using, copying, distributing, or claiming as your own any of the marks associated with this website.

The following trademarks are registered trademarks of the company: “Native Wellness,” “Pocono Weight Loss Center,” “The Undersea Spa of Pocahontas,” “Where Jim Thorpe begins,” “Lenape-Susquehannock Reservation,” and “The Undersea Spa.

The names of actual companies and products mentioned on this website may be the trademarks of their respective owners.

The names of actual companies and products mentioned on this website may be the trademarks of their respective owners.

All rights not expressly granted herein are reserved.

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