1.1 Acceptance of Terms
1.2 Right to Modify Terms
Breathe Your Truth reserves the right to modify the terms of this Agreement at any time at its sole discretion and may post a notice of such changes. If and when the Agreement is modified, You will be subject to the terms of the modified Agreement, and by accessing the Breathe Your Truth Course Website, You agree to the terms of modified Agreement, without further notice.
1.3 Term Definitions
1. “Breathe Your Truth Couse Website” means the Breathe Your Truth Course Website accessible through the URL www.bytcourses.thinkific.com or www.breatheyourtruth.com, among other websites owned and operated by Breathe Your Truth.
2. “Breathe Your Truth” and “BYT” means Breathe Your Truth, LLC.
3. “Parties” means Breathe Your Truth and You, collectively.
4. “Party” means either Breathe Your Truth or You.
5. “User Profile” means a profile posted by You on the Breathe Your Truth Course Website.
6. “You,” “Your,” and/or “User” means any individuals and/or entities visiting and/or otherwise accessing the Breathe Your Truth Course Website for any reason; said terms may be used interchangeably.
7. “Content” means all information, data, text, software, music, sound, photographs, graphics, videos, messages, tags, or other materials posted and/or otherwise displayed on, to, or at the Breathe Your Truth Course Website.
8. “Personal Information” means, without limitation, any information that identifies or describes an individual, including his or her name, professional licensing information, physical description, age, gender, home address, home telephone number, or education. Personal Information also includes statements made by, or attributed to, a User.
9. “Licensor” or “Licensors” means the individuals who have licensed their online lecture content exclusively to Breathe Your Truth.
2.1 Content Ownership
Breathe Your Truth LLC is the owner of all Breathe Your Truth posted on or otherwise accessible at or via the Breathe Your Truth Course Website including logos, all designs, text, graphics, pictures, and information. Unless otherwise agreed in writing, You will have a limited one (1) year license (without the right to sublicense) to view the Content for Your educational, non-commercial use only. Any copying, reproduction, retransmission, or republication of all, or part, of any Content found on Breathe Your Truth Website is expressly prohibited, unless Breathe Your Truth has expressly granted its prior written consent to so reproduce, retransmit, or republish the Content. Breathe Your Truth reserves all applicable rights in regard to the Content.
Breathe Your Truth may publish or transmit via the Breathe Your Truth Website any Content that is owned by third parties. Breathe Your Truth Licensors are the owners of their respective Intellectual Property found on the Breathe Your Truth Website. Any reproduction, retransmission, or republication of all or part of any Content found on the Breathe Your Truth Website is expressly prohibited, unless the owner of the Content has expressly granted its prior written consent to reproduce, retransmit, or republish the material.
2.2 Copyright Complaints
If You believe that any Content on the Breathe Your Truth Course Website infringes upon any copyright which You own or control, You or Your designee, acting as a “Complaining Party,” may send a notification of such claimed infringement to Breathe Your Truth [email protected]. Please include a description of the work that is allegedly being infringed, and where on the Breathe Your Truth Course Website the work may be found.
2.3 Content Availability
2.3.1 Individual Course
After purchasing a Course, You will have access to the Course for one (1) year. After one (1) year, Your access to the Course will end. To regain access to the Course, You will have to repurchase the Course.
After purchasing a subscription, You will have access to the Content for one (1) year. After one (1) year, Your access to the Content will end. You will have to renew Your subscription to continue Your access to the Content.
Breathe Your Truth reserves the right to terminate, block, or restrict Your access to or use of the Breathe Your Truth Course Website for any breach or violation of any term(s) of this Agreement, solely at the discretion of Breathe Your Truth.
You are responsible for obtaining and maintaining all computer hardware and software needed to access and use the Breathe Your Truth Course Website.
2.6 Internet Speed
We recommend Cable, Broadband Internet, or a company LAN on a T1 or higher to take full advantage of the high-quality video and multimedia that the Breathe Your Truth Couse offer.
3. User Accounts
3.1 User Responsibility
The Breathe Your Truth Course Website includes the option of allowing a User to create a “User Profile.” Users are wholly responsible for User Content posted, displayed, transmitted, or otherwise made available on or via User Profiles. You are also wholly responsible for ensuring that Your use of the Breathe Your Truth Course Website is compliant with the laws and regulations of any applicable jurisdiction.
3.2 Accounts and Passwords
In consideration of Your use of the Breathe Your Truth Course Website, You acknowledge that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You agree to provide accurate, current, and complete information concerning You when providing information to, signing up with, registering for use of, or otherwise providing information to the Breathe Your Truth Course Website and maintain and promptly update the Registration Data to keep it true, current, and complete. If You provide any information that is untrue, inaccurate, not current, or incomplete, or if Breathe Your Truth has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Breathe Your Truth has the right to suspend or terminate Your access to the Breathe Your Truth Course Website and to refuse any and all current or future use of the Breathe Your Truth Course Website, or any portion thereof.
You must have Your own password to access the Breathe Your Truth Course Website. You are not permitted to provide others access to Breathe Your Truth Courses using Your User Name and Password or another authorized User Name and Password. In the event that Breathe Your Truth discovers Password sharing, we reserve the right to terminate or block Your access to the Breathe Your Truth Course Website. You are responsible for all use of Your password(s).
3.3 Linking to Breathe Your Truth
1. Breathe Your Truth invites Users to link to our site. Linking to Breathe Your Truth must not improperly connote an affiliation with or an endorsement by Breathe Your Truth, or otherwise interfere with the operation of the Breathe Your Truth Website. Any links should open in a new browser window.
2. You must not place Breathe Your Truth Website pages in a “frame” within Your own website without explicit prior written permission from Breathe Your Truth.
3. Although the Breathe Your Truth Website may include links providing direct access to other Internet sites, Breathe Your Truth assumes no responsibility for the Content or information contained on such other sites, and does not exert any editorial or other control over those other sites. Breathe Your Truth provides no warranties and explicitly disclaims any liability for any Content or other information provided on other sites.
Except as expressly set forth herein, the content of the Breathe Your Truth Course Website (including all Breathe Your Truth intellectual property, text, materials, software, functions, services, and information made available herein or accessed by means hereof) are provided as is, without warranties of any kind, either express or implied, including without limitation warranties of suitability for a particular purpose. Breathe Your Truth does not warrant or guarantee uninterrupted access to the Breathe Your Truth Website, or any site linked to the Breathe Your Truth Website, and reserves the right to discontinue courses or to change the expiration date at any time.
Under no circumstances will Breathe Your Truth be liable in any way for any content, including without limitation any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Breathe Your Truth Website, and Breathe Your Truth makes no guarantees that the content will be accurate, current, or error-free.
You assume full responsibility and risk of loss resulting from use of the Breathe Your Truth Website and any information on the Breathe Your Truth Website. Breathe Your Truth makes no guarantees about the suitability of any information and its services for any purpose whatsoever. Breathe Your Truth may provide programs with exercises related to Your condition that You can perform at home. As there is a risk of injury with any activity, use caution when performing such exercises. IF YOU EXPERIENCE PAIN OR DISCOMFORT, IMMEDIATELY DISCONTINUE THE EXERCISES AND CONTACT YOUR CLINICIAN OR PHYSICIAN. BY VOLUNTARILY UNDERTAKING ANY EXERCISE IN A PROGRAM PROVIDED BY MEDBRIDGE, YOU AGREE THAT YOU ASSUME THE RISK OF ANY RESULTING INJURY. Breathe Your Truth will not be liable for any direct, indirect, consequential, special, exemplary, or other damages or losses that may result.
4.2 Continuing Education Courses
The information and content provided in the courses are for informational purposes only. Breathe Your Truth makes no warranties regarding, and bears no liability for, Your use of the information and content. Neither Breathe Your Truth nor the instructor assumes any responsibility for any loss or injury and/or damage to persons or property arising out of the use of the material contained in or related to the online courses. IT IS THE RESPONSIBILITY OF THE TREATING PRACTITIONER, RELYING ON INDEPENDENT EXPERTISE AND KNOWLEDGE OF THE PATIENT, TO DETERMINE THE BEST TREATMENT AND METHOD OF APPLICATION FOR THE PATIENT.
5. Limitation of Liability
In no event shall Breathe Your Truth, its members, officers, affiliates, agents, licensors, employees, or internet service provider(s) (collectively, “representatives”) be liable to You or to any third party for any direct, indirect, incidental, special, or consequential damages whatsoever, including without limitation lost revenue, lost or damaged data, or other commercial or economic loss, whether based in contract, tort (including negligence), or any other theory of liability. The foregoing limitation shall apply even if Breathe Your Truth or its representatives have been advised or should have known of the possibility of such damage. Breathe Your Truth’s total liability in any event is limited to the amount, if any, actually paid for use of the Breathe Your Truth Course Website, and You hereby release Breathe Your Truth and its representatives from any and all obligations, liabilities, and claims in excess of this limitation.
Individual Course Fees
Each Course is priced individually. Please refer to Course descriptions for Course fees.
6.2 Tax Responsibility
All Fees are stated exclusive of all taxes, duties, levies, imposts, fines or similar governmental assessments, including sales and use taxes, value-added taxes, goods and services taxes, excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon, excluding taxes based on Breathe Your Truth’s net income (collectively, “Taxes”). You shall be responsible for and bear Taxes associated with its purchase of, payment for, access to or use of Breathe Your Truth. You hereby confirm that Breathe Your Truth can rely on the name and address set forth in your Breathe Your Truth registration as being the correct information for tax purposes. Obligations under this Section 6.2 (Tax Responsibility) shall survive the termination or expiration of these Terms.
7. Course Credit Policy
7.1 Individual Course Sales
Breathe Your Truth is committed to providing the highest quality online education for our Users. In the event that Breathe Your Truth experiences circumstances which render the coursework or learning assessments unavailable to You for a significant period of time, You may choose one (1) of the following:
1. Extending the amount of time the Course is available to You for the amount of time the Course was unavailable.
2. Receiving a replacement Course of equal value to the unavailable Course at no extra cost to You.
7.2 Subscription Sales
Membership Services are fully earned upon payment of the membership fee. Payments are nonrefundable and there are no refunds for partially used periods.
You may cancel Your subscription at any time. If You terminate Your subscription, Your subscription will remain active until the end of Your then-current subscription period—namely, the subscription period through which You paid before Your termination. THERE WILL BE NO REFUND FOR ANY UNUSED PORTION OF YOUR SUBSCRIPTION.
You agree to indemnify and hold Breathe Your Truth and its Representatives harmless from any and all losses (including without limitation attorneys’ fees) resulting from any claims based on or relating to Your use, or the use of any individual using Your password, of the Breathe Your Truth Course Website. You further agree to indemnify and hold Breathe Your Truth and its Representatives harmless from any and all losses resulting from claims of third parties, including without limitation attorneys’ fees, that result in whole or in part from violations by You, or any individual using Your password, of any of the terms of this Agreement.
This Agreement shall be governed by the laws of the State of Florida. In the event that litigation results from or arises out of this Agreement or the performance thereof, both Parties agree to Arbitration with a single arbitrator qualified by the American Arbitration Association. The Parties agree to reimburse the prevailing Party’s reasonable attorneys’ fees, arbitration costs, and all other expenses, whether or not taxable by the arbitrator as costs, in addition to any other relief to which the prevailing Party may be entitled.
This agreement is personal to You, and You may not assign this Agreement or the rights and obligations thereunder to any third party or person.
11.2 Agreement Binding on Successors
The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their permitted heirs, administrators, successors, and assigns.
No waiver by either Party of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement.
If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision, and such invalid term, clause, or provision shall be deemed to be severed from the Agreement.
The ownership and intellectual property rights and license provisions set forth in this Agreement, and any other provisions that by their sense and context the Parties intend to have survive, shall survive the termination of this Agreement and any obligations hereunder for any reason.