TERMS OF USE
Please read these Terms of Use (“Terms of Use”) carefully before purchasing, accessing, or using any of the programs, products, services, and/or program material (collectively, the “Programs, Products, Services, and/or Program Material”) provided by Alyse Breathes, LLC, a Pennsylvania limited liability company (the “Service Provider”). Additionally, please review the terms of the Privacy Policy for how your information is stored and shared.
Terms of Use
All Programs, Products, Services, and/or Program Material are owned and operated by the Service Provider. The term “you” refers to any purchaser and/or user of any of the Programs, Products, Services, and/or Program Material.
These Terms of Use state how you may use the Programs, Products, Services, and/or Program Material. The Service Provider reserves the right to change these Terms of Use from time to time.
By using any of The Programs, Products, Services, and/or Program Material you are agreeing to the Terms of Use as they appear and are legally bound by them, whether you have read them or not. If at any time you do not agree with these Terms of Use, please do not use the Programs, Products, Services, and/or Program Material.
THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS, AND LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. YOU FULLY UNDERSTAND AND AGREE THAT BY ENROLLING IN, PURCHASING AND/OR USING ANY OF THE PROGRAMS, PRODUCTS, SERVICES AND/OR PROGRAM MATERIAL YOU ARE WAIVING CERTAIN LEGAL RIGHTS AND YOU ARE VOLUNTARILY AGREEING TO DO SO.
Use and Consent
By purchasing or using any of the Programs, Products, Services and/or Program Material, you agree to abide by these Terms of Use as well as the Service Provider’s Disclaimer, Terms and Conditions, and Privacy Policy, and any other terms and conditions that may apply, and you are required to act in accordance with them. Accessing, purchasing, or using the Programs, Products, Services or Program Material in any manner constitutes use of the Program, Products, Services and/or Program Material, and your agreement to be bound by these Terms of Use.
All of the Programs, Products, Services and/or Program Material are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to any Program, Product, Service or Program Material by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using the Programs, Products, or Services or its Program Material, you represent and warrant that you are at least 18 years old.
Intellectual Property Rights
The Service Provider’s Limited License to You. The Programs, Products, Services, and/or Program Material are property of the Service Provider and/or its affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
The content in the Programs, Products, Services, and/or Program Material is solely owned by or licensed to the Service Provider, unless otherwise indicated. This content includes, but is not limited to, the design, layout, look, appearance, graphics of the Programs, Products, Services, and/or Program Material or any other material or aspects of materials provided by the Service Provider to you. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use.
If you purchase or access any of the Programs, Products, Services, and/or Program Material, you will be considered the Service Provider’s licensee (“Licensee”). For the avoidance of doubt, all content obtained through it is property of the Service Provider, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use the Programs, Products, Services and/or Program Material in a manner that constitutes an infringement of the Service Provider’s rights or in a manner that has not been authorized by the Service Provider.
You are being granted a limited license to use the Program, Products and Services, and/or Program Material with permission and restrictions. This means that when you purchase a Program, Product or Service from the Website or otherwise, you are purchasing the limited right to use the Programs, Products, Services, and/or Program Material in the form that is provided by the Service Provider to you with certain conditions as specified in these Terms of Use. You are permitted to use the Programs, Products, Services and/or Program Material as follows:
You may download and/or print Programs, Products, Services, and/or Program Material for your own personal use in your business. However, you are not permitted to share, sell, reprint, or republish any other of the Programs, Products, Services, and/or Program Material, including, but not limited to, handouts, for resale or mass reproduction purposes for your own business use. This includes sharing this program with your friends, family, colleagues, etc. If they would like access, they must purchase their own license separately.
Any trademarks, taglines, and logos displayed on Programs, Products, Services, and/or Program Material are trademarks belonging to the Service Provider. All trademarks reproduced in this Website, which are not the property of, or licensed to the Service Provider, are acknowledged on the Website. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without the Service Provider’s express written consent, or permission granted herein.
For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Programs, Products, Services, and/or Program Material titles or any other title or information of the Service Provider’s bearing the trademark symbols (TM) or ® may not be used by you for any reason without the Service Provider’s express written permission.
All rights not expressly granted in these terms or any express written license, are reserved by the Service Provider.
Information You Are Prohibited from Sharing with Others. As a Licensee, you understand and acknowledge that the Programs, Products, Services, and/or Program Material have been created, developed or obtained by it through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of the Service Provider which needs to be protected from improper and/or unauthorized use.
When you enroll in or purchase the Programs, Products, Services and/or Program Material, you agree that you are clearly and expressly prohibited from doing the following:
You will not copy, share, or steal the Programs, Products, Services, and/or Program Material, or any parts of them.
You will not in any way use, copy, adapt or represent any of the Programs, Products, Services, and/or Program Material in any way as if they are yours or created by you.
You will not in engage in improper and unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Program Material or any other information accessed or purchased through the Programs, Products, Services and/or Program Material, or any other communications provided by the Service Provider’s for your own personal use, business/commercial use or in any way that earns you money.
You will not duplicate, share, trade, sell, or otherwise distribute the Programs, Products, Services, and/or Program Material to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Program Material for their own personal use or business/commercial use. This means you cannot share or sell or any part of the Programs, Products, Services, and/or Program Material or Program Material to someone else so they can copy and/or use them for their own personal use, business/commercial use or in any way that earns them money. You are the only one granted a limited license to use the Service Provider’s Program, Product, Service, and/or Program Material.
You will not violate the Service Provider’s intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using the Programs, Products, Services, and/or Program Material for your own training purposes in no way gives you any copyright, trademark, intellectual property or ownership rights of the Service Provider’s Program, Product, Service or Program Material.
You will not reprint or republish any part of the Programs, Products, Services, and/or Program Material for publication or compilation into your own products, programs, services or program material for your own personal use or business/commercial use or in any way that earns you money.
You will not use the Programs, Products, Services, and/or Program Material in a manner that constitutes an infringement of the Service Provider’s rights or in a manner that has not been authorized by the Service Provider through its prior written consent.
You may not engage in improper and/or unauthorized use of the Programs, Products, Services, and/or Program Material or any other information related to Programs, Products, Services, and/or Program Material. Unless otherwise explicitly authorized in these Terms of Use, improper and/or unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) for commercial use, to any other person in a way that earns them money, any Program Material or any other information accessed or purchased through the Programs, Products, Services and/or Program Material or any other communications provided by the Service Provider to you promoting or relating to the Programs, Products, Services, and/or Program Material.
You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of the Programs, Products, Services and/or Program Material as set forth in these Terms of Use is considered theft and stealing and the Service Provider retains the right to prosecute theft to the full extent of the law.
You agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense.
Limitations on Linking and Framing. You may establish a hypertext link to the Service Provider’s Website or Content so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in the Service Provider’s Website or Content and does not state or imply that the Service Provider has sponsored, endorsed or has ownership rights in your website. However, you may not frame or inline link the Service Provider’s Content without its written permission.
Your License to the Service Provider. By posting or submitting any material on or through the Programs, Products, Services, and/or Program Material, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.
When you voluntarily submit to the Service Provider or post any comment, photo, image, video or any other submission for use on or through the Service Provider’s Website, you are granting the Service Provider, and anyone authorized by the Service Provider, consent to make it part of current or future Website, Programs, Products, Services and/or Program Material. This right includes granting the Service Provider proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by the Service Provider to you. You may, however, at any time, ask the Service Provider to delete this information. Your rights regarding this personal information can be found in the Service Provider’s Privacy Policy.
This does not include any of your own ideas, programs, or offerings. The Service Provider will not take, borrow, or steal any of your ideas, programs, or offerings for use in the Service Provider’s own business.
When you voluntarily submit information to use, you also grant the Service Provider, and anyone authorized by the Service Provider, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that the Service Provider has the right but not the obligation to use and display any contributions from you of any kind and that the Service Provider may elect to cease the use and display of any such contributions on the Service Provider’s Programs, Products, Services and/or Program Material at any time for any reason whatsoever. Again, you may request that the Service Provider remove this information at any time.
Media Release. By participating in the Programs, Products, Services, and/or Program Material, and using its Programs, Products, Services, and/or Program Material, including the Service Provider’s Facebook community, you consent to photographs, videos, and/or audio recordings that may be made that may contain your image, your voice and/or your likeness. Please note that these postings and recordings will be shared with other members who purchased the Programs, Products, Services, and/or Program Material.
Intellectual Property Rights in Work Product. The Service Provider agrees that you hold all intellectual property rights in any of your work product resulting from participation in the Programs, Products, Services, and/or Program Material, including but not limited to copyright and trademark rights. The Service Provider agrees not to claim any such ownership in your work product or intellectual property at any time.
Request for Permission to Use Content. Any request for written permission to use the Programs, Products, Services, and/or Program Material, in whole or in part, or any other intellectual property or property belonging to the Service Provider (“Content”), should be made BEFORE you wish to use it by completing the “Contact Us” form on this Website, or by sending an e-mail to info@alysebreathes.com.
The Service Provider very clearly states that you may not use the Programs, Products, Services, and/or Program Material, in whole or in part, in any way that is contrary to these Terms of Use unless the Service Provider gives you specific written permission to do so.
If you are granted permission by the Service Provider, you agree to use the specific Content that the Service Provider allows and ONLY in the ways for which the Service Provider gives you written permission.
If you choose to use the content in a way that the Service Provider does not specifically give you written permission for, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from the Service Provider, and you consent to immediately stop using such Content and to take whatever actions as the Service Provider may request and by the methods and in the time frame that the Service Provider prescribes to protect its intellectual property and ownership rights in its Programs, Products, Services and/or Program Material.
Security
When you apply for, enroll in, purchase or use the Programs, Products, Services and/or Program Material, the Service Provider may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally identifying information (“Confidential Information”).
By providing such Confidential Information to us, you grant the Service Provider permission to use and store such Confidential Information in accordance with the Service Provider Privacy Policy. The Service Provider, in turn, will use its best efforts to keep your Confidential Information safe, secure, and confidential. When you submit Confidential Information via the Service Provider’s Program, Product, Service and/or Program Material, the Service Provider will take measures to protect the security of your Confidential Information both online and offline.
However, due to the nature of the Internet, the Service Provider cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to the Service Provider or through the Service Provider’s services; therefore, submitting Confidential Information, data or other information is done at your own risk. The Service Provider has security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but it makes no assurances about the Service Provider’s ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
Facebook Groups
The product or program may come with a private Facebook Group. These Terms apply to the Facebook Group. Further, you understand that Facebook is a public platform and therefore, the Service Provider cannot guarantee your privacy for things that you voluntarily share in the group as other members will also see what is posted.
Personal Responsibility and Assumption of Risk
As a Licensee, you agree that you are using your own judgment in using the Service Provider’s Programs, Products, Services and/or Program Material and you agree that you are doing so at your own risk. The Service Provider’s Programs, Products, Services and/or Program Material are for informational and educational purposes only. You agree and understand that you assume all risks and no results are guaranteed in any way related to the Service Provider’s Programs, Products, Services and/or Program Material. The Service Provider’s Programs, Products, Services and/or Program Material are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of the Service Provider’s Programs, Products, Services and/or Program Material.
The Service Provider takes every precaution to protect its Programs, Products, Services and/or Program Material. However, due to the nature of the Internet, the Service Provider cannot completely ensure or warrant the security of the Programs, Products, Services and/or Program Material or the contributions or information transmitted to the Service Provider on or through its Website or its Programs, Products, Services and/or Program Material. Submitting contributions or information on or through the Service Provider’s Programs, Products, Services and/or Program Material is done entirely at your own risk. The Service Provider makes no assurances about its ability to prevent any such loss or damage to you or to any other person, company or entity arising out of use of its Programs, Products, Services and/or Program Material and you agree that you are assuming such risks. For further information on how the Service Provider protects your information, please see its Privacy Policy.
Disclaimer
You acknowledge that the Service Provider has the right but not the obligation to use any contributions from you and that the Service Provider may elect to cease the use of any such contributions on its Website or in its Content at any time for any reason. The Service Provider’s Website and its Content are for informational and educational purposes only. To the fullest extent permitted by law, the Service Provider expressly excludes any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with the Service Provider’s Website and its Content, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.
Medical Disclaimer. The information provided through the Service Provider’s Website or Content is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read on this Website, its Content, or received from the Service Provider. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. You agree that the Service Provider is not responsible for your health, the success or failure of your wellness decisions, or any other result of any kind that you may have as a result of information presented to you through the Service Provider’s Website or its Content. You are solely responsible for your results.
Health Disclaimer. The Service Provider cannot and does not guarantee that you will attain a particular result, positive or negative, through the use of its Website or its Content and you accept and understand that results differ for each individual. The Service Provider also expressly disclaims responsibility in any way for the choices, actions, results, use, misuse, or non-use of the information provided or obtained through the use of the Service Provider’s Website or its Content. You agree that your results are strictly your own and the Service Provider is not liable or responsible in any way for your results.
Legal and Financial Disclaimer. This Website and its Content are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through the Service Provider’s Website and its Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. The Service Provider is not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer, or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation.
HEALTH DISCLAIMER. Any health statements or examples shown through the Service Provider’s Website are only estimates of what might be possible now or in the future. There can be no assurance as to any particular health outcome based on the use of the Service Provider’s Website. You agree that the Service Provider is not responsible for your health & wellness, the success or failure of your personal or health decisions, or any other result of any kind that you may have as a result of the information presented to you through the Service Provider’s Website. You are solely responsible for your results.
TESTIMONIALS. The Service Provider presents real-world experiences, testimonials, and insights about other people’s experiences with the Service Provider’s Website for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and results they personally achieved, or they are comments from individuals who can speak to the Service Provider’s character and/or the quality of its work. They are not intended to represent or guarantee that current or future clients will achieve the same or similar results; rather, these testimonials represent what is possible for illustrative purposes only.
Warranties Disclaimer. THE SERVICE PROVIDER MAKES NO WARRANTIES AS TO ITS PROGRAMS, PRODUCTS, SERVICES, AND/OR PROGRAM MATERIAL. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, AND/OR PROGRAM MATERIAL ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SERVICE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SERVICE PROVIDER DO ES NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, AND/OR PROGRAM MATERIAL WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE PROVIDER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ITS PROGRAM, PRODUCT OR SERVICES MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY , TIMELINESS, RELIABILITY OR OTHERWISE.
Technology Disclaimer. The Service Provider tries to ensure that the availability and delivery of its Programs, Products, Services and/or Program Material is uninterrupted and error- free, including its content and communications through methods such as the Website, member forum, private Facebook groups, e-mail communications, videos, audio recordings, webinars, recorded webinars, teleseminars, recorded teleseminars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, e-books, or any other materials provided by the Service Provider to you. However, the Service Provider cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance, or updates, although, of course, the Service Provider will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, the Service Provider will not be liable to you for damages or refunds, or for any other recourse, should its Programs, Products, Services and/or Program Material become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make the Programs, Products, Services, and/or Program Material inaccessible to you.
Errors and Omissions. The Service Provider makes no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in its Programs, Products, Services, and/or Program Material. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, the Service Provider cannot be held responsible or accountable for the accuracy of its content. You acknowledge that such information may contain inaccuracies or errors and the Service Provider is not liable for any such inaccuracies or errors to the fullest extent permitted by law.
Links to Other Websites. The Service Provider may provide links and pointers to other websites maintained by third parties that may take you outside of our Programs, Products, Services and/or Program Material. These links are provided for your convenience and the inclusion of any link in the Programs, Products, Services, and/or Program Material to any other website does not imply its endorsement, sponsorship, or approval of that website or its owner. The Service Provider does not endorse and is not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in the Service Provider’s Website or its Content, or their accuracy or reliability. The Service Provider assumes no responsibility for errors or omissions caused by other websites that may be included in its Programs, Products, Services and/or Program Material. The Service Provider has no control over the contents or functionality of those websites and so it accepts no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore the Service Provider does not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.
By purchasing and/or using the Programs, Products, Services, and/or Program Material in any way or for any reason, you also implicitly agree to the Service Provider’s full Disclaimer which may be found on its Website.
Indemnification, Limitation of Liability and Release of Claims Indemnification. You agree at all times to defend, indemnify and hold harmless the Service Provider, as well as any of its affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to the Programs, Products, Services, and/or Program Material, or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions or in any other agreement with the Service Provider.
Limitation of Liability. The Service Provider will not be held responsible or liable in any way for the information, products, or materials that you request or receive through or on its Programs, Products, Services and/or Program Material. The Service Provider does not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with the Service Provider. The Service Provider does not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering the Programs, Products, Services, and/or Program Material, or in any way or in any location. In the event that you use the Programs, Products, Services, and/or Program Material or any other information provided by the Service Provider or affiliated with it, the Service Provider assumes no responsibility.
Release of Claims. In no event will the Service Provider be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on its Programs, Products, Services and/or Program Material, or on those affiliated with the Service Provider in any way, and you hereby release the Service Provider from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if the Service Provider is expressly advised of the possibility of such damages or difficulties.
Your Conduct. You are agreeing that you will not use the Programs, Products, Services, and/or Program Material in any way that causes or is likely to cause the Programs, Products, Services and/or Program Material, or access to them either to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to the Service Provider.
You must use the Programs, Products, Services and/or Program Material for lawful purposes only. You agree that you will not use the Programs, Products, Services, and/or Program Material in any of the following ways:
For fraudulent purposes or in connection with a criminal offense or otherwise conduct any unlawful activity
To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene, or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise injure others.
To send, negatively impact, or infect the Programs, Products, Services, and/or Program Material with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not
To cause annoyance, inconvenience, or needless anxiety
To impersonate any third party or otherwise mislead as to the origin of your contributions.
To reproduce, duplicate, copy or resell any part of the Service Provider’s Programs, Products,
Services and/or Program Material in a way that is not in compliance with these Terms of Use or any other agreement with the Service Provider.
Communication Guidelines. If you have a question or concern about your Programs, Products, Services, and/or Program Material, you may send an e-mail to info@alysebreathes.com and the Service Provider will do its best to reply to your question or concern promptly.
Purchases and Online Commerce.
If paying by debit card, or credit card, you give the Service Provider permission to automatically charge your credit or debit card as payment for your Program, Product or Service without any additional authorization.
In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise the Program, Product or Services will not continue and the Service Provider reserves the right to cease your access immediately and permanently.
If you fail to make payment in a timely manner in accordance with these Terms of Use or voluntarily decide to withdraw from the Programs, Products, Services and/or Program Material at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Programs, Products and/or Services.
All information obtained during your purchase or transaction for the Programs, Products, Services, and/or Program Material and all the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both the Service Provider and its payment processing company. Per the Service Provider’s Privacy Policy, please make sure that you review the privacy policy of the Service Provider’s payment processor.
You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use the Service Provider’s Programs, Products, Services, and/or Program Material for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
Since the Service Provider has a clear and explicit Refund Policy in these Terms of Use that you have agreed to prior to completing the purchase of any of its Service Provider’s Programs, Products, or Services, the Service Provider does not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or the Service Provider receives a chargeback threat during or after your purchase, the Service Provider reserves the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback. If you make a purchase from one of our affiliates, or any other individual or company (“Merchant”) through a link provided on or through our Programs, Products, Services, and/or Program Material, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant and their payment processing company as well. Your participation, correspondence, or business dealings with any affiliate, individual or company on or through the Programs, Products, Services and/or Program Material, and all purchase terms, conditions, representations, or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that the Service Provider shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.
Payment processing companies and Merchants may have privacy and data collection practices that are different from the Service Provider’s. The Service Provider has no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through the Programs, Products, Services and/or Program Material, you may be subject to the additional terms and conditions of a payment processing company, Merchant or the Service Provider that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the Merchant directly.
You release the Service Provider, its affiliates, its payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against the Service Provider or them, arising from your purchase through or use of the Service Provider’s Website or its Content.
Refund Policy. Your satisfaction with your Program, Product or Service is important to the Service Provider. Yet, because of the extensive time, effort, preparation, and care that goes into creating and/or providing its Programs, Products, Services and/or Program Material, the Service Provider has a no refund policy. Unless otherwise provided by law, you acknowledge that the Service Provider does not offer refunds for any portion of your payment for any of its Programs, Products, Services, and/or Program Material, and no refunds will be provided to you at any time. By using and/or purchasing any of the Programs, Products, Services, and/or Program Material, you understand and agree that all sales are final and no refunds will be provided.
Termination. You have the right to terminate your use of or participation in the Programs, Products, Services and/or Program Material at any time by sending an e-mail to info@alysebreathes.com. The Service Provider reserves the right in its sole discretion to refuse or terminate your access to its Programs, Products, Services and/or Program Material, in full or in part, at any time, without notice, by sending you an e-mail to the e-mail address you provided upon purchase of the Program, Product or Service.
In the event of cancellation or termination by either yourself or the Service Provider, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.
Upon termination by either yourself or the Service Provider, the Service Provider reserves the right to immediately refuse or terminate your access to any aspect of its Programs, Products, Services and/or Program Material, including but not limited to the Service Provider’s Website, private forum, e-mail communications, Facebook groups, live webinars or conference calls, or any other method of communications related to its Programs, Products, Services and/or Program Material at any time without notice and in the Service Provider’s sole discretion.
All of the terms of this Terms of Use, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and the Service Provider’s Refund Policy will still apply now and in the future, even after termination by you or the Service Provider.
Dispute Resolution. It is hoped that should there be any differences between the Service Provider and you, any disagreement could be worked out amicably through e-mail correspondence. However, should the Service Provider and you be unable to seek resolution within a reasonable time, you agree that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to the Service Provider at info@alysebreathes.com and include all of your reasons for dissatisfaction with your Program. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. Both the Service Provider and you agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction.
By purchasing the Programs, Products, Services and/or Program Material you are agreeing to a modification of the statute of limitations such that any arbitration must begin within one (1) year of the date of your e-mail to me referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action.
You also agree that should arbitration take place, it will be held in Wilmington, North Carolina, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
In the event of a dispute between the Service Provider and yourself, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage the Service Provider or any of its Programs, Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
If any terms of these Terms of Use are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.
Governing Law. These Terms of Use shall be governed by the laws of the State of North Carolina, regardless of the conflict of laws principles thereof.
Confidentiality and Privacy. Please review the Service Provider’s full Privacy Policy for how the Service Provider handles all of your information as well as your rights around such information.
Confidential Information. To use its Programs, Products, Services and/or Program Material, the Service Provider may seek personal data or information including your name, e-mail address, phone number, street address, billing information, birthday, preferences, interests, assignments, or other personally-identifying information (“Confidential Information”), or you may offer or provide a comment, photo, image, video or any other submission to the Service Provider when using or participating in its Programs, Products, Services and/or Program Material (“Other Information”). By providing such Confidential Information or Other Information to the Service Provider you grant it permission to use and store such information in accordance with its Privacy Policy. The Service Provider, in turn, will use its best efforts to keep your Confidential Information safe, secure, and confidential in accordance with these Terms of Use and its full Privacy Policy which may be found on the Service Provider’s Website. If you believe that any of your Confidential Information is incorrect or incomplete, please contact the Service Provider as soon as possible. The Service Provider will promptly correct any Confidential Information found to be incorrect.
What The Service Provider Does With Confidential Information. The Service Provider requests and requires various personal data and/or Confidential Information to understand your needs and provide you with better services. In addition, the Service Provider may use such data and Confidential Information for the following reasons: (1) for internal record keeping, (2) to improve its Programs, Products, Services and/or Program Material, (3) to periodically send promotions about new Programs, Products or Services or other special offers from which you may unsubscribe at any time, (4) for aggregate, non- identifiable data for research purposes, (5) to customize the respective Programs, Products or Services you purchase or use according to your interests and/or (6) for support or communication related to your Program, Product, Service and/or Program Material.
Storage. All data and Confidential Information is stored through a data management system. This data and Confidential Information can only be accessed by those who help manage that information in order to deliver e-mail or otherwise contact those who would like to receive the Service Provider’s correspondence. You agree and acknowledge that we, including but not limited to the Service Provider’s team, staff, and affiliates, and those who manage the data management system may have access to your Confidential Information.
Confidentiality and Disclosure. All Confidential Information will be held in confidentiality and will not be disclosed to third parties, except that the Service Provider may disclose Confidential Information and personally identifiable information: (1) pursuant to this terms of these Terms of Use and Privacy Policy and the Service Provider’s Disclaimer, (2) if the Service Provider is required to do so by law, (3) in the good-faith belief that such action is necessary to conform to the law, (4) to comply with any legal process served on either the Service Provider or its partners, sponsors, investors, or affiliates, (5) to protect and defend its rights or property or those of its users or purchasers, and/or (6) to act as immediately necessary in order to protect the personal safety of its users, purchasers, or the public. The Service Provider will not sell, distribute, or lease your Confidential Information to third parties unless it has your permission or is required by law to do so.
Viewing by Others. Note that whenever you make your Confidential Information or Other Information available for viewing by others such as through the Service Provider’s Programs, Products, Services, and/or Program Material, its Website or social media, the Confidential Information or Other Information that you share also can be seen, heard, collected and used others, and therefore, the Service Provider cannot be responsible for any unauthorized use by others of such Confidential Information or Other Information that you voluntarily share online or in any other manner.
Cookies. The Service Provider may use the standard "cookies" feature of major web browsers. The Service Provider does not set any Confidential Information in cookies, nor does the Service Provider employ any data-capture mechanisms on its Website other than cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on the Website and some features of the Programs, Products, Services, and/or Program Material may not work as intended. The Service Provider has no access to or control over any information collected by other individuals, companies, or entities whose website or materials may be linked to its Programs, Products, Services and/or Program Material.
Passwords. To use certain features of the Service Provider’s Programs, Products, Services, and/or Program Material, you may be issued a group username and password or a unique individual username and password, which you will receive through your registration and/or purchase process. You may be able to change to username and/or password of your choosing. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under your password or account. You are not permitted to share your username and/or password with anyone. If the Service Provider learns that you have shared your username and/or password with another person, the Service Provider reserves the right to immediately terminate your access to the Program, Product, Service, and/or Program Material, Website, private forum, Facebook group or any other related communication. It is your responsibility to protect your own password from disclosure to others. The Service Provider cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are responsible for activities that take place using your password(s) and within your account. If you share your password(s) with anyone, they may be able to obtain access to your personal information at your own risk. You agree to notify the Service Provider immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. By using the Programs, Products, Services, and/or Program Material, you agree to enter true and accurate information as part of the registration, purchase process and otherwise. If you enter a false email address, the Service Provider has the right to immediately deactivate your account. The Service Provider will use its best efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with the Service Provider’s rights or property.
If you have any questions about any term of these Terms of Use, please contact the Service Provider at info@alysebreathes.com. Thank you.