Copyright and Other Proprietary Rights to Content
Unless otherwise noted, all of the text, images, trademarks, data, film and video files and clips, audio files and clips, archival materials, software, databases, designs and other materials on the Site (“Content”) are protected by copyright laws. Breathe & Learn is the owner of the compilation of the Content posted on this Site. However, Breathe &Learn does not necessarily own each component of the compilation. Copyright and other proprietary rights in the Content may be held by individuals or entities other than Breathe & Learn. Breathe & Learn expressly prohibits the copying of any protected Content, except for the purposes of fair use as defined in the copyright laws.
BREATHE & LEARN FACILITATOR PROGRAM
Upon your purchase of the Facilitator Program, the payment of all applicable fees and taxes, and compliance with all of terms and conditions set forth in this paragraph, you are granted a one (1) year, non-exclusive, non-transferable, limited right and license to use the Facilitator Program. (“Limited License”). This Limited License begins to run once you have fully paid for the Facilitator Program and expires one (1) year thereafter. Please note that some, but not all of the materials in the Facilitator Program are capable of being downloaded. You may not copy, reproduce, retransmit, distribute, publish or commercially exploit any of the materials, including those materials that can be downloaded, for commercial purposes, nor may you modify or create derivative works for any of the materials, including those that are downloadable. You agree that Breathe & Learn owns all of the intellectual property rights, including the copyright, to the Facilitator Program, and nothing contained in the Limited License granted herein constitutes a transfer to you of any intellectual property ownership rights in the Facilitator Program.
Many of the names, titles, trademarks, service marks, and logos (collectively, the “Trademarks”) displayed on the Site, are marks of Breathe & Learn. The trademarks of third-parties may also be displayed on the Site. You may not use any Trademarks displayed on the Site without the express written permission of Breathe & Learn or the third party that owns the Trademark and you acknowledge and agree that nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademarks displayed on the Site. Any unauthorized use of the Trademarks, except as authorized in these Terms, is expressly prohibited.
No registration or login is required to use many of the features on the Site. Where you are required to create a User Account, including creation of a login and password, you are responsible for protecting your login and password from unauthorized use and for all activity that occurs on your account. You are prohibited from using another person’s account without permission. You agree to notify us immediately if you believe your login or password has been used without your permission. We are not responsible for losses or damages caused by your failure to safeguard your login or password.
Purchasing on the Site
You may purchase products thru the Site, including the Facilitator Program, as well as book spots in classes, workshops and special events (collectively “Programs”). Note that some of the Programs may require you to execute an additional document or documents in order to receive the Program(s), including, but not limited to, a Permission Slip and Waiver. Breathe & Learn has the right to refuse, limit, or cancel any orders for Programs placed on this Site. Errors in pricing are subject to correction and may be adjusted at any time. Errors on order processing are also subject to correction. You must be 18 or older to make a purchase on this Site. Where purchases are made by credit card, you agree that if legal action is needed to collect the amount due from your credit card purchase, you will reimburse Breathe & Learn for all expenses incurred to recover the amounts due, including attorneys’ fees and other costs. You understand that while Breathe & Learn will make every attempt to provide accurate information about the Programs purchased on the Site. We do not warrant that any information, including descriptions, promotions, and availability, is correct, complete, current, or without typographical errors.
REFUND AND CANCELLATION POLICY
The Refund and Cancellation Policy where you are seeking such Refund and Cancellation is as follows:
AFTER-SCHOOL WORKSHOPS: After-School Workshop Sessions are paid in full prior to the start of the sessions and are non-refundable. If your child misses a class, they may attend another class during the same week. (“Make-Up Class”) Please email us directly if you plan an attending a Make-Up Class.
SPECIAL EVENTS: A 100% Refund for Special Event(s) will be given if you provide notice of said cancellation at least 48 hours prior to the start of such Special Event(s). If you cancel within 48 hours of the Special Event(s), no refund will be given due to the additional costs incurred for unique materials and teachers.
SUMMER CAMP: Summer Camp is paid in full prior to the start of Summer Camp. Your payment is non-refundable and there are no make up classes. You may request rescheduling the week(s) you purchased and, space permitting, we will use our best efforts to grant such request.
CANCELLATION/RESCHEDULING BY BREATHE & LEARN: If Breathe & Learn needs to cancel or reschedule all or a portion of any of the Programs, you will be notified by email as soon as practicable. In such case(s), we will use our best efforts to reschedule the Program(s), however, if you are not able to attend on the rescheduled date(s), you will be entitled to pro-rata refund. By way of example only, if you have paid for eight (8) AFTER-SCHOOL WORKSHOP classes, and one (1) class is cancelled and you are not able to attend on the rescheduled date, you will be entitled to a refund equal to 1/8 of the total amount paid for the class. Under no circumstances will we be liable for any expenses you incur as a result of our cancellation of any Program.
PROCESSING YOUR REFUND REQUEST: Any request for a refund must be made within ten (10 days of the completion of applicable Program(s). Refund requests made after this ten (10) day period will not be granted. We will use our best efforts to process refund requests as soon as practicable under the circumstances.
Links to Third-Party Sites
Disclaimer of Warranties and Limitation of Liability
Breathe & Learn disclaims all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, copyright ownership and non-infringement of copyrights or other third party proprietary rights, arising from your use of the Site or its Content or items purchased on the Site, including, but not limited to, the Breathe & Learn Facilitator Program. We have no liability for any losses or damages of any kind relating in any way to your use of the Site, its Content or any items purchased on the Site, including, but not limited to, the Program. We do not warrant that the Site will provide continuous, prompt, secure, or error-free service. We assume no liability for any errors or omissions, including the inaccuracy of any Content on the Site or in any of the items purchased on the Site, including the Program, or for any damages or losses that you or any third party may incur as a result of the unavailability of the Site or any portion thereof or your sue of the Content on the Site or items purchased on the Site, including the Program. Breathe & Learn assumes no responsibility, and shall not be liable for, any damages to, or viruses that may affect your computer equipment or other property arising from your use of the Site and its Content. Breathe & Learn, Joanie Plake, its owner, and/or its officers, employees, and/or agents, shall have no liability for any damages, including without limitation, any direct, indirect, incidental, compensatory, punitive, special, or consequential damages, even if advised of the possibility of such damages, arising from or related to use of this Site, its Content or any items purchased on the Site, including the Program.
Termination, Modifications and Content Removal
You agree to indemnify, defend, and hold Breathe & Learn, Joanie Plake, its owner, and its officers, employees, and agents, harmless from and against all claims, causes of action, expenses, reasonable attorneys’ fees, losses, and damages, arising from or relating to your use of the Site, any of the Content on the Site and any items purchased on the Site, including the Program.
Jurisdiction, Venue and Choice of Law
These Terms shall be governed and construed in accordance with the laws of the State of California. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms, may only be brought in a federal or state court located in Los Angeles County, California and the parties hereby waive any objection that they may have to personal jurisdiction or venue in these courts.
Severability and Waiver
If any provision of these Terms is held to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. Breather & Learn’s failure to exercise or enforce any rights or provision of these Terms shall not constitute a waiver of such right or provision.
EFFECTIVE DATE: January 1st, 2019