TERMS AND CONDITIONS
By visiting and using www.euphoricdiscovery.com (the “Website”), you thus constitute you agree to be legally bound indefinitely under these Euphoric Discovery Terms and Conditions, Disclaimer, and Privacy Policy.
Throughout this document, terms and conditions, and privacy policy, “you” refers to anyone who uses, visits, and views EuphoricDiscovery.com (“company,” “we,” “our,” or “us”). We reserve the right to correct or modify these terms and conditions without notice. By using EuphoricDiscovery.com, you accept those modifications, alterations, deletions, and corrections. It is your responsibility to check EuphoricDiscovery.com’s home page for updates periodically.
Your continued use of EuphoricDiscovery.com after posting any changes to our Terms and Conditions as a general message, notification, or alert on the EuphoricDiscovery.com home page constitutes your acceptance of those changes and updates. You must not access or use EuphoricDiscovery.com if you disagree to be bound by law under these Terms and Conditions.
AGE AND UNITED STATES USE ONLY
We respect children’s privacy and “minors,” meaning individuals under the age of 13. Euphoric Discovery forbids children under the age of 13 from using and visiting this website. All information and media on this website are written and intended for individuals over the age of 18. Therefore, we do not intentionally or knowingly collect data from minors or disclose their personal information. As defined in our Privacy Policy, the use of EuphoricDiscovery.com is prohibited for children aged 13 or under. We do not intend to or purposefully offer products or content to individuals residing in the European Union as summarized in the General Data Protection Regulation. We make no indication that the information provided on EuphoricDiscovery.com, including any products and services, is unrestricted in other locations, including but not limited to the European Union, as delineated in the General Data Protection Regulation.
PRIVACY POLICY
We respect and value the privacy of your personal information. Your acceptance of our Privacy Policy is directly worded and defined in these Terms and Conditions and through continued use of EuphoricDiscovery.com. Examine our Privacy Policy for further information.
DISCLAIMER
Your approval of our Disclaimer is directly worded and defined in these Terms and Conditions and through continued use of EuphoricDiscovery.com. Please review Disclaimer for more information.
MANDATORY ARBITRATION AND GOVERNING LAW
You expressly waive your right to institute any legal claims, present or future, emerging out of or connected to our products or content. In the possible circumstance of any disagreement, lawsuit, or disagreement arising out of or relating to your use of this website, these terms and conditions are required to be referred to when determining the meaning of the text of a written document under the rules and statutes of the state of Florida and the United States.
You comply to consent and commit to the discretion of the jurisdiction of the state and federal courts in Florida, USA, without considering the codes of conflict of law or where the parties are located when a dispute arises.
You first comply to resolve disputes or claims through mandatory arbitration in Florida. You shall bear the total cost of arbitration as permitted by law. Your good faith engagement in arbitration precedes any other legal or fair settlement, such as legal action. You also agree that if a legal claim is created after the mandated arbitration, the prevailing party shall be authorized to recover rightful attorney’s fees and all other costs associated with the legal action.
Arbitration Agreement
you and Euphoric Discovery agree that any controversy, claim, action, or dispute in any way associated with your use of the Euphoric Discovery website, any purchase from Euphoric Discovery, or any products or services sold or distributed by Euphoric Discovery (“dispute”) will be settled by this outlined dispute resolution procedure and arbitration arrangement (“arbitration agreement”).
Alternative Dispute Resolution
If you or Euphoric Discovery proclaim this type of dispute, a method of choice, a non-exhaustive list, including mediation, arbitration, and neutral evaluation, will be in place to resolve the dispute, which is confidential but less formal than court proceedings.
Whoever claims a problem or dispute agrees to be the first to attempt to sincerely and honestly settle such dispute. If you are claiming the dispute, you must do so by delivering written notice by first class or registered mail to *9174 Palm Island Circle, North Fort Myers, Fl, USA, 33903* explaining the facts and circumstances, including any applicable evidence or support, and allowing us thirty days to respond to or resolve the dispute. You must email a notice stating that you mailed a formal dispute to Euphoric Discovery’s facility via email at euphoricdiscovery@gmail.com.
If we are claiming the conflict, we will contact you by email first to confirm your delivery address. We will then send a written notice by first class or registered mail. You and Euphoric Discovery agree that this dispute resolution course of action is a pre-condition that must be satisfied before initiating arbitration or a claim against the other party.
Scope of Arbitration Agreement
To the extent you cannot resolve a disagreement first via the informal dispute resolution process described above, a dispute will be settled through binding individual arbitration. Hence, you and Euphoric Discovery agree to give up the right to go to court to reason or uphold rights under this Arbitration Agreement and regarding any dispute, except small claims, as explained below. You and Euphoric Discovery expressly delegate to the mediator the authority to determine the arbitrability of any dispute, including the extent, relevance, validity, and enforceability of this Arbitration Agreement.
Right to Bring Small Claims in Court
Instead of arbitration, you or Euphoric Discovery may bring any individual claim in small claims court, agreeing with the jurisdictional and dollar limits that may apply as long as it is obtained and maintained as a separate claim.
How Arbitration Works
Either party may commence arbitration, which shall be executed by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (“AAA Rules”), as adjusted by this Arbitration Agreement.
AAA information and rules are defined on www.adr.org or by telephone at (800) 778-7879. The parties shall agree to another arbitration service if the AAA is unavailable or unwilling to hear the dispute. The AAA’s applicable rules will govern the payment of all filing, administration, and arbitrator fees. Euphoric Discovery also waives its right to seek attorney’s fees and costs in arbitration. You may arrange to have the arbitration completed by telephone, established on written requests, or in person in the county where you live or at an alternative mutually decided place and location.
Class Action Waiver of Right to Bring Class Actions and Representative Claims
Either party initiated, and all arbitrations are to commence separately. The mediator can settle the dispute with the same settlements obtainable in court. However, any relief must be individualized to you and shall not concern any other customer. You and Euphoric Discovery agree that each may initiate claims against the other in arbitration only in your or their capacities. In so doing, you and Euphoric Discovery waive the right to a trial by jury, to declare or participate in a class action lawsuit or class action arbitration (named-plaintiff or class member), and to declare or partake in any joint lawsuit or joint arbitration. Say a court decides that applicable law precludes enforcement of any of this paragraph’s limitations regarding a particular cause of action. In that case, that cause of action, and only that cause of action, must stay in court and be separated from any arbitration.
Other Terms
This Arbitration Agreement shall be governed by, deciphered, interpreted, and enforced by the Federal Arbitration Act and, where appropriate, the law of the state of Florida. The terms of the Arbitration Agreement provisions will prevail after your association with Euphoric Discovery and the use of EuphoricDiscovery.com or other services and products ends. Excluding as established above, if any portion of this Arbitration Agreement is determined invalid or impossible to enforce, it will not invalidate the remaining parts of the Agreement.
INTELLECTUAL PROPERTY
All content on this website, a non-exhaustive list including content, text, posts, logos, marks, graphics, designs, files, materials, services, products, inventions, videos, writing, music, audio, applications, formats, computer code, designs, downloads, and all other data and information presented on EuphoricDiscovery.com (“Content”) is created and owned by us and is protected by copyright, trademark, patents, trade secrets, and other intellectual property and unfair competition laws except any content from others that we are lawfully permitted to use. Under the Federal Trade Commission, deceitful and fraudulent business practices, including false advertising, trademark infringement, and “Bait and switch” selling tactics, are prohibited to protect Euphoric Discovery and you from economic injury. You are entitled to a restricted” revocable license to print or download content from EuphoricDiscovery.com for your own personal, noncommercial, non-transferable, enlightening, and educational use only while ensuring it’s not violating any copyright, trademark, intellectual property, or its proprietary rights.
You agree not to do any derivative work, a non-exhaustive list including reproducing, replicating, modifying, altering, publishing, sharing, saving, posting, selling, or licensing of any portion of the content on EuphoricDiscovery.com, or that has ever once been on the website, in any manner to anyone without our preliminary written consent. You agree to abide by copyright, trademark statutes, and intellectual property rights. You shall be solely liable for any infringements of these EuphoricDiscovery.com terms and conditions.
USER-GENERATED CONTENT AND LAWFUL USE OF THE WEBSITE
Specifically referring to any content or information that you upload, submit, share, exhibit, post, transfer, message, email, or offer to us on EuphoricDiscovery.com or any of our social media sites, you affirm that you are the owner of that content or have prior written consent from the original producer and current owner of those intellectual property rights to use and disperse that content to us and on EuphoricDiscovery.com.
As outlined and defined below, we prohibit certain activities on EuphoricDiscovery.com. Euphoric Discovery secures the right to research and take reasonable legal action against anyone who, at the sole discretion of Euphoric Discovery, violates the clauses and conditions within this contract, including, without restriction, reporting violators to law enforcement authorities. You agree to use EuphoricDiscovery.com and Euphoric Discovery social media accounts for lawful purposes only. You shall be liable for damages resulting from violating any provision in these Terms and Conditions.
The forbidden activity comprises, but is not limited to: You agree not to upload, exhibit, post, transmit, spread, send, email, or submit to us on EuphoricDiscovery.com or any of our social media sites any information or content that:
- violates the rights of others;
- slanderous, offensive, profane, malicious, vulgar, indecent, defamatory, pornographic, endangering or threatening;
- encourages or promotes behavior that would constitute an illegal offense, resulting in civil liability, or otherwise violate any law;
- disperse material, a non-exhaustive list including spyware, computer viruses, all malicious computer software forms, or any other destructive data that is punishable by law;
- any attempts to acquire unauthorized admission to any portion or feature of the website;
- transmit unsolicited or unauthorized material or interfere with the function of the website;
- unlawful in any degree;
- is unquestionably offensive and cultivates racism, bigotry, hatred, or physical harm of any sort against any group or individual;
- attacks any business or individual;
- threatens or endorses harassment of another person or entity;
- exploits any person sexually, violently, or harassingly;
- incorporates nudity, violence, or offensive subject matter or shares a link to an adult or pornographic website;
- solicits personal information from any individual and will be held accountable accordingly for individuals under the age of 13;
- broadcasts information that you know is incorrect or misleading and encourages illegal activities or conduct that is offensive, threatening, profane, or defamatory;
- shares an illegal or unauthorized copy of another person’s or entity’s copyrighted work, delivering information to evade manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- concerns the dispatch of junk mail, spamming, chain letters, unsolicited mass mailing, instant messaging, spIT, or spimming;
- contains prohibited pages or password-only access pages or images (those not linked to or from another unrestricted page);
- advances or encourages any criminal action or industry or provides instructional details concerning illegal activities, including but not limited to producing, purchasing, or accepting illegal weapons, violating someone’s privacy, or supplying or creating computer viruses;
- someone’s passwords or personal identifying information for commercial or unlawful purposes from users of the website;
- concerns commercial activities and sales without our previous written authorization, such as contests, sweepstakes, exchange, advertising, or pyramid schemes;
- contains a photograph of another person you posted without that person’s consent;
- criminal action, a non-exhaustive list including stalking, lurking, spamming, spimming, transmitting of viruses or other destructive files, copyright infringement, patent infringement, or stealing of trade secrets;
- any computerized use of the system, including but not limited to using computing scripts for any purpose;
- interfering with, disrupting, or creating any hindrance on EuphoricDiscovery.com or the networks or services connected to the website;
- attempting to impersonate another user of the website or any other individual;
- using, obtaining, or sharing the account, username, or password of another individual at any time, disclosing your password to any third party or individual, or permitting any third party or individual to access your account;
- selling or otherwise transferring your profile, data, and access to purchases without permission from Euphoric Discovery;
- using any data or details obtained from EuphoricDiscovery.com to harass, abuse, or impair any person or entity;
- receiving payment or anything of value from a third person or entity in trade for your completing any commercial activity or sharing advertisements on or through EuphoricDiscovery.com on behalf of that person or third party, including but not limited to placing commercial content and links on your profile, publishing blogs or information with a commercial purpose, or transmitting private messages with a commercial purpose.
THIRD-PARTY LINKS
EuphoricDiscovery.com may include links to third-party websites or resources. We may operate as an affiliate for some of these third-party websites by suggesting or advertising their products or services on the website with links; however, we do not own or control any third-party websites. When you click on a third-party link, you agree to leave EuphoricDiscovery.com, meaning you are no longer legally committed to our terms and conditions.
You agree that Euphoric Discovery is not responsible or liable for the accuracy, content, or data published on any third-party websites you go to. By clicking a link on EuphoricDiscovery.com, you agree and take responsibility for all risks that may occur when using these third-party websites or resources, and any transactions that transpire between you and these third-party websites are solely between you and the third party. We shall not be liable for any damages or financial losses occurring from your use of these third-party websites or resources.
Pricing Policy
At EuphoricDiscovery.com, we offer limited-time promotional pricing. Items available online at EuphoricDiscovery.com will usually be priced the same as when we have them available at festivals, markets, and events we attend. Website prices will never be higher than in-person purchasing. There are instances that in-person purchasing will be a lesser price due to various promotional circumstances at different events.
Price Adjustments
Suppose you have purchased items previously at full price that are now on sale. Unfortunately, we cannot offer price adjustments for temporary promotions or discounts. We cannot refund you any difference in price adjustments.
Colors
We have done our best to display the products’ colors on the website as accurately as possible. However, the colors of listings and the product photos and images you see will depend on your monitor, display screen, and color settings. We cannot guarantee that your monitor’s display of any or all colors will be accurate.
Correction of Errors and Inaccuracies
We always strive to present the most recent, accurate, and reliable information on EuphoricDiscovery.com. However, our content may contain typographical errors or inaccuracies and need updating. Therefore, we reserve the right to correct any mistakes, inaccuracies, or deletions and modify and update information at any time without prior notice (including after submitting your order). We apologize for any inconvenience this may cause you.
Exchange Policy
Unfortunately, we do not offer exchanges for any products at this time.
Return Policy
You can send damaged items back to us that we have confirmed are damaged before sending them back via email, euphoricdiscovery@gmail.com, using any trackable/insured shipping method—return packages to the same address from which it was sent. Postage and packaging costs must be pre-paid for returns. We process returns in the order they are received.
Euphoric Discovery is not responsible for non-Euphoric Discovery items shipped back to us in error or any errors throughout the shipping process that result in a lost or damaged package. Any problems with shipping your return to us are not the responsibility of Euphoric Discovery; you will have to be responsible for resolving them with the shipping provider with which you sent the package. We will not refund any items we do not receive at our facility.
When Will I Be Refunded?
As soon as we process the return, we will email you a Return Notification to the email address you entered with your payment information. Please allow a week for your return to be processed once received at our facility. We will refund the shipping cost, returns, postage, and packaging to the original purchase method upon return of your purchased item. Please send proof of return postage and packaging costs to our email, euphoricdiscovery@gmail.com, to receive your total refund. Please allow five business days for refunds to be transferred to the original form of payment once you receive an email notification that the return has been completed. We will not refund any items we do not receive at our facility.
USE OF OUR PAID AND FREE PRODUCTS
We may offer products for you to download for free at no cost. However, this website also sells paid courses, programs, physical or digital products, and other related materials (“products”). Your purchase is exclusively for personal, non-exclusive, non-transferable, and noncommercial use.
You recognize and approve that you have no right to transfer, alter, sell, revise, reproduce, create derivative works of, or exploit our products. You cannot sell, share, or redistribute any of our free or paid products under any circumstances.
TERMINATION
We reserve the right to reject, terminate, restrict your access, revoke, and end your use of EuphoricDiscovery.com at our sole discretion, including any or all content published by you or us at any time for any reason, without notice.
Terms apply to you upon your accessing the website. These Terms, or any of them, may be terminated by Euphoric Discovery without notice at any time for any reason.
Notice
Euphoric Discovery may deliver various notices through electronic mail, a general message, alert, or notification on EuphoricDiscovery.com, or written communication delivered to the address you provided or on record in the website system from previous information you provided by first-class US mail.
Enforcement of Terms
By accessing and using EuphoricDiscovery.com, you consent that your use of the website is subject to these Terms, as governed by and abiding by the laws and statutes of the United States of America and with the laws of the state of Florida, including federal copyright and trademark laws.
Special Warnings for International Use of the Website
Realizing the global nature of the Internet, you consent to comply with all local laws regarding your online use. You approve to abide by all applicable laws concerning the dispatch of technical information exported from the United States or your country of residence.
Privacy & security
EuphoricDiscovery.com is governed by our Privacy and Security Policy, which is available to access on the website and is incorporated into these Terms with this as a reference.
NO REFUNDS
All sales of products and services on EuphoricDiscovery.com are final. We will not administer any refunds or exchanges for any reason except for damaged or lost packages. Refer to the “Return Policy” section for information on refunds for damaged packages.
NO WARRANTIES
ALL CONTENT, INFORMATION, PRODUCTS, AND SERVICES ON THE WEBSITE ARE AVAILABLE FOR PURCHASE IN “AS IS” AND “AS AVAILABLE” CONDITION AND THIS IS THE REPRESENTATION OF OUR PRODUCTS WITHOUT INCLUDING ANY FURTHER WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MEETING EXPECTATIONS OR MEETING THE BUYER’S INTENTED USE, INCLUDING ANY POTENTIAL FUTURE DAMAGE OR DEFAULT OF THE PRODUCT, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. EUPHORIC DISCOVERY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS, AND SERVICES MENTIONED, SUGGESTED, OR RECOMMENDED ON THIS WEBSITE. EUPHORIC DISCOVERY AND OUR OWNERS MAKE NO WARRANTIES THAT THE WEBSITE WILL FUNCTION OR SERVE TO MEET YOUR NEEDS OR WANTS OR THAT THE INFORMATION PRESENTED HERE WILL BE EXHAUSTIVE, UPDATED, OR ERROR-FREE. EUPHORIC DISCOVERY DISCLAIMS ALL WARRANTIES, IMPLIED OR EXPRESSED, FOR ANY PURPOSE TO THE FULL EXTENT ADMISSIBLE BY LAW.
LIMITATION OF LIABILITY
You agree that under no circumstances will Euphoric Discovery or our administrators, employees, beneficiaries, shareholders, joint venture partners, or anyone else working with or associated with us be held liable for any direct, indirect, incidental, consequential, fair, unique, punitive, exemplary, or any other damages requested and awarded in a lawsuit, resulting from your use of this website, when the defendant’s willful acts were malicious, violent, oppressive, fraudulent, wanton or grossly reckless, a non-exhaustive list including all the content, information, feedback, opinions, products, services, images, and graphics presented here.
Your use of EuphoricDiscovery.com legally binds that your use of the website is at your sole risk and that you are exclusively responsible for the accurateness of the personal and any information you provide, the consequence of your actions, personal and business outcomes, and all other usage with the website.
You also, with the continued use of EuphoricDiscovery.com, legally agree that we and our officers, employees, beneficiaries, shareholders, joint venture partners, or anyone else working with or associated with us are not liable under any circumstances to you for any damages resulting from
- any errors or deletions on the website, delay or denial of you to any products or services, failure of proper website function of any kind or interruption, website attacks including computer viruses, hacking of information, breach, and any other system collapses or failures;
- any loss of income, benefit, data, gain, profits, business, or any charity related to the website;
- any theft or unauthorized access, under the Computer Fraud and Abuse Act, by a third party without authorization to obtain your data, which could include financial information, from the website, regardless of our failure or oversight and
- any use, misuse, or mishandling of the information, products, and services offered, suggested, recommended, and presented on EuphoricDiscovery.com.
You agree that this limitation of liability shall apply regardless of whether such liability derives from negligence, breach of contract, or failure, including all failure, without legal justification, to perform any promise that comprises all or parts of this contract or failure to meet the norms and expectations of the industry or the conditions of any express warranty or implied warranty, including but not limited to the implied warranty of merchantability promising that the goods we sell will do what we suggest they will and function as described and that there is nothing significantly wrong with them justifying them unfit to sell. You agree that this limitation of liability shall apply regardless of whether there was or is any legally cognizable harm to persons or property or all other legal theory of liability. You agree that we do not supply or offer express or implied guarantees for the content presented on EuphoricDiscovery.com. You accept that we guarantee no specific, positive, or promised results in any regard on EuphoricDiscovery.com.
INDEMNIFICATION
You agree to take liability for, indemnify Euphoric Discovery, compensate, and hold Euphoric Discovery and its administrators, employees, beneficiaries, shareholders, joint venture partners, or anyone else working with us or associated with Euphoric Discovery harmless for any losses, claims, disputes, damages, harm, demands, actions, lawsuits, proceedings, judgments, or court hearing, including costs, expenses and fair attorneys’ fees (“Liabilities”) assessed against or otherwise caused by you, in whole or in part, from (a) actions or omissions, whether done negligently, including those that constitute deliberate indifference; mistake or error; inadvertence; negligence; gross negligence; malice; intentional, negligent, or innocent misrepresentation; breach of contract; or other actionable conduct, by you, your agents, directors, officials, supervisors, managers, employees, agents, or representatives; (b) all your actions and use of EuphoricDiscovery.com, including purchasing programs, products, guides, blog access, and services; (c) violation of any laws, statutes, regulations, or ordinances by you; or (d) violation of any EuphoricDiscovery.com terms and conditions by you or anyone connected to you; e) violation by you or any other user of your account or electronics of any intellectual property or other rights of any individual. Euphoric Discovery will inform you immediately of any such claims or liability, and we reserve the right to deny such claim, liability, or damage or losses at your sole expense. You are legally bound to fully cooperate and assist us, upon request, to support any such claims financially.
ENTIRE AGREEMENT
These Terms and Conditions, our Privacy Policy, and Disclaimer, comprise the complete agreement between you and Euphoric Discovery concerning EuphoricDiscovery.com. It supersedes all previous or coexisting communications, discussions, negotiations, recommendations, suggestions, or proposals we may have had with you, whether direct or implied, electronic, oral, or written. The terms of this contract are the complete and final agreement.
A printed copy of this entire Agreement, containing the Terms and Conditions, Privacy Policy, Disclaimer, all statutes, and any notice provided in the electronic format, shall stand permissible in judicial or administrative proceedings regarding EuphoricDiscovery.com to the same extent and given the same opportunity as other business contracts and documents saved and retained in printed form.
SEVERABILITY
Suppose a court, regulatory authority, or other public or private tribunal of competent jurisdiction determines any provision in these Terms and Conditions to be invalid or unenforceable. In that case, such provision is deemed omitted from this Agreement. This Agreement remains in full force, valid, binding, and enforceable. It is altered to any degree necessary to give such force and effect to the remaining provisions, but only to such section.
These Terms comprise the complete agreement between you and Euphoric Discovery regarding your use of EuphoricDiscovery.com.
Updated: December 30, 2023
CONTACT
If you have any questions, get in touch with us at euphoricdiscovery@gmail.com