Terms of Purchase
By clicking “Join Mindful Masters Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Member”) agree to be provided with products, programs, or services as part of The Mindful Masters Membership Site (“Membership”) and you are entering into a legally binding agreement with the Company, subject to the following terms:
1. TERMS OF MEMBERSHIP.
(a) Upon purchase and execution of this Agreement, Member will be provided with the following content and/or services as detailed on https://academyofbreath.org/mindful-masters (“the Website”) and selected prior to purchase. Content, programs, and/or services (collectively known as “the Services”) may include but are not limited to:
- Monthly Guided Breathwork Journeys
- Themed conversations and topics every month
- Q&A, Coaching & Community Support
(b) The scope of Services rendered by the Company pursuant to this Agreement shall be limited to those contained herein and/or provided for on Company’s Website as part of the Membership.
(c) The Company reserves the right to substitute Services equal to or comparable if reasonably required by the prevailing circumstances.
(d) The Company may from time to time offer extra Services to Member for an additional fee.
(e) The Company reserves the right to increase the pricing of the membership subscriptions and or change the type of membership subscription services at any given time.
(f)The content included in the Membership Site is for your individual, non-commercial use. Member agrees not to share login details and/or materials with any third parties.
(g) Member will have access to the Membership Site while an active member (active means member does not have an outstanding balance).
(h) At any point should Company be terminating the Membership Site, Member will be given at least sixty (60) days notice.
(i) Member has the option to cancel membership at any time in writing via email to the Company or canceling through their payment hub and cancellation will take effect the following billing cycle.
2. PAYMENT AND REFUND POLICY.
(a) Upon execution of this Agreement, Member agrees to pay to the Company the purchase amount as stated on the Website.
(b) No refunds will be provided.
(c) Member who chooses a monthly membership, upon sign up and with the initial payment ($88) Member commits to a one (1) month term to the Membership, at the end of the initial term or at any time thereafter, Member will be billed on a monthly basis.
(d) Member who chooses a 3-month membership, upon sign up and with the initial payment ($264), Member commits to a one (3) month term to the Membership, at the end of the initial term or at any time thereafter, Member will be billed on a 3-month basis until member elects to cancel.
(e) Member who chooses a 6-month membership, upon sign up and with the initial payment ($582), Member commits to a one (6) month term to the Membership, at the end of the initial term or at any time thereafter, Member will be billed on a 6-month basis until member elects to cancel.
(f) Member who chooses a 12-month membership, upon sign up and with the initial payment ($968), Member commits to a one (12) month term to the Membership, at the end of the initial term or at any time thereafter, Member will be billed on a 12-month basis until member elects to cancel.
(g) Member will then be charged payment according to their selected payment plan: every thirty (30) days, (3) months, (6) months, or (12) months at which time the payment will be automatically debited via the account information included upon purchase.
(h) Credit Card Authorization. Each party hereto acknowledges that Company will charge the credit card chosen by the Member on the dates and for the amounts specified upon purchase and as included in this Agreement.
(i) In the event Member fails to make any of the payments as outlined above, Company has the right to immediately disallow services and benefits of the Membership until payment is paid in full.
DISCLAIMER. By participating in the Membership, Member acknowledges that the Company makes no guarantees as to the outcome of any Services, sessions, teachings accessed through this Membership. By participating in this Membership, the Member acknowledges that the Company does not warrant the accuracy of any information provided, is not liable for any losses the Member may suffer by relying on modules, content, guest speakers, videos, services, or products. Any use of videos requiring physical activity are done at Member’s discretion and the Company will not be held liable for any injury that could result from utilizing videos.
By participating in the Membership, Member acknowledges that the Company nor any of its representatives are financial advisors or attorneys, and content and/or services do not replace the need of other professionals. Services provided herein are in no way to be construed or substituted as financial, legal or any other type of therapy or advice.
Any testimonials or examples shown through the Company’s Website are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Membership and/or Services. You acknowledge that the Company has not and does not make any representations as to success of any kind that may be derived as a result of use of it’s programs, products or Services.
The Company may provide the Member with information relating to products that the Company believes might benefit the Member. The Company is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information provided.
RECORDING AND REDISTRIBUTION OF CALLS. Member acknowledges that group calls and/or trainings may be recorded. Member also acknowledges that the recordings may be redistributed and/or resold at a later date as part of separate offerings sold by the Company.
RELEASE. Member agrees that the Company may use any written statements, images, audio recordings or video recordings of Member obtained while enrolled in the Course. This includes any content Member may publish to social media accounts and online forums as well as any statements, images or recordings, captured about Customer’s participation in the Course.
Member waives any right to payment, royalties or any other consideration for Company’s use of such written statements, images, audio recordings and video recordings and Member waives the right to inspect or approve the finished product used by Company. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Member, their heirs, representatives, executors, administrators, or any other persons acting on Member’s behalf or on behalf of the Member estates have or may have by reason of this authorization.
INTELLECTUAL PROPERTY RIGHTS. In respect of the Material specifically created for the Member as part of this Membership, including modules, videos, documents, or other content (known collectively as the “Material”), the Company maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Member, nor grant any right or license other than those stated in this Agreement.
Member may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Website, content or intellectual property, in whole or in part without our prior written consent. Any unauthorized copying, reverse engineering, redistribution, reproduction, publication or modification of Website content by any person without Company’s prior written authorization is strictly prohibited, may be a violation of federal or common law, trademark, and copyright laws and may subject such a violator to legal action.
DISCLAIMER OF WARRANTIES. The Services provided to the Member by the Company under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
LIMITATION OF LIABILITY. By using the Company’s Services and purchasing this Membership, Member accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Member agrees that the Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Membership. Member agrees that use of this Membership is at user’s own risk.
DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Austin, Texas or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, regardless of the conflict of laws principles thereof.
NOTICES. All notices, requests, demands, and other communications under this Agreement shall be in writing submitted to firstname.lastname@example.org.
ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.