• Facebook - Black Circle
  • Instagram - Black Circle

© Breathe and Learn 2018. All Rights Reserved.

South Bay

Manhattan Beach

Hermosa Beach

Redondo Beach

Mar Vista

Santa Monica

Venice

Terms of Use

 

Breathe & Learn is a kids yoga and mindfulness company with its principal place of business in California. (“Breathe & Learn”, “us”, “our” or “we”). By accessing these Terms of Use (“Terms”), along with the Breathe Learn Privacy Policy, the User agrees to be bound by the Terms of this website (“Site”). If you, as User of the Site (“User”, “you” or “your”) do not agree with these Terms, or if you do not agree with the Privacy Policy, please do not use this Site. By using this Site, you acknowledge that you are 18 years of age or older, or are an emancipated minor, or possess parental guardian consent to use this Site.

 

Acceptance of Terms and Conditions and Privacy Policy

 

By accessing and browsing this Site, you acknowledge that you have read, understand and accept these Terms, including Breathe & Learn’s Privacy Policy, and that you agree to be bound by these Terms and the Privacy Policy. We may change these Terms and/or the Privacy Policy, so Users are encouraged to visit this page from time to time to review the most current Terms and Privacy Policy. Your continued use of the Site after new or revised Terms are effective indicates you have read and understand and agree to be bound by those new or revised Terms.

 

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

 

You may purchase the “Breathe & Learn Facilitator Program” (“Facilitator Program”) thru the Site. By purchasing the Facilitator Program, you agree to accept these Terms of Use and the Privacy Policy. The Facilitator Program, along with the compilation of the materials provided in the Facilitator Program are protected by the copyright laws and you may not copy, reproduce, retransmit, distribute, publish or commercially exploit the Facilitator Program for commercial purposes, nor may you modify or create derivative works from such 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.

 

Trademarks

 

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.

 

User Accounts

 

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:

  • FACILITATOR PROGRAM: The Facilitator Program is non-refundable. Breathe & Learn has the right to cancel your one (1) -year Limited License to use the Facilitator Program if you violate these Terms of Use, including, but not limited to, any of the provisions of the “BREATHE AND LEARN FACILITATOR PROGRAM” section set forth above;

  • 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

 

This Site may provide links to sites that are owned or operated by third parties (“Third- Party Sites”). We have no control over such Third-Party Sites and cannot guarantee, represent, or warrant that the content on those sites is accurate and legal and do not contain viruses or other features that may adversely affect your computer. A link from our Site to a Third-Party Site does not imply a relationship with, or endorsement of, that site. These Third-Party Sites are governed by their own Terms of Use and we encourage you to read those terms if you choose to link to and use these 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

 

We may, at any time and for any reason, and at our sole discretion: (a) modify, suspend, or terminate the operation of or access to the Site or any portion thereof; (b) modify or change the Site; (c) remove or change Content on this Site; or (d) interrupt the operation of the Site. Your access to, and use of the Site, may be terminated by you or by us at any time for any reason. Any provision of these Terms of Use which, by its nature should survive, will survive termination of these Terms, including, but not limited to, all obligations relating to your use of the Content and any items purchased on the Site, including the Program.

 

Indemnification


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.

 

Entire Agreement

 

These Terms and the Breathe & Learn Privacy Policy are the sole and entire agreement between the parties with respect to the subject matter hereof and replace all prior or contemporaneous understandings or agreements regarding such subject matter.

 

 

EFFECTIVE DATE: January 1st, 2019