These terms and conditions (the “Terms and Conditions”) govern the use of www.yourmindfulbreath.com (the “Site”). This Site is owned and operated by Faye Barry. This Site is a blog.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
Intellectual Property
All content published and made available on our Site is the property of Faye Barry and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
- Harass or mistreat other users of our Site;
- Violate the rights of other users of our Site;
- Violate the intellectual property rights of the Site owners or any third party to the Site;
- Hack into the account of another user of the Site;
- Act in any way that could be considered fraudulent;
- Post any material that may be deemed inappropriate or offensive; or
- A replacement for professional medical support. All individuals are unique and my resources are not intended for medical advice. See Disclosure statement for additional details.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
User Contributions
Users may post the following information on our Site:
- Public comments.
By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions.
Sale of Goods And Services
These Terms and Conditions govern the sale of goods and services available on our Site.
The following goods are available on our Site:
- Unbreakable Calm: Your Roadmap to Peace.
The following services are available on our Site:
- Private or Group Mindfulness-Based Anxiety Coaching.
The services will be paid for in full when the services are ordered or as described per the payment plan options.
These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Third Party Goods and Services
Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.
User Goods and Services
Our Site allows users to sell goods and services. We do not assume any responsibility for the goods and services users sell on our Site. We cannot guarantee the quality or accuracy of any goods and services sold by users on our Site. However, if we are made aware that a user is violating these Terms and Conditions, we reserve the right to suspend or prohibit the user from selling goods and services on our Site.
Subscriptions
Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription.
To cancel your subscription, please follow these steps: If you would like to cancel your subscription, please email faye@yourmindfulbreath.com a minimum of 3 days before your next bill cycle.
You will receive a confirmation once your subscription has been cancelled. Your membership will continue through the end of your current charge cycle.
For example, if your credit card is charged on the 8th of each month and you cancel on June 20th, you will not lose access until July 8th.
Due to the nature of the content, subscription fees are non-refundable;
Free Trial
We offer the following free trial of our goods and services: A 14 day free trial that begins when the users register for a new account. The free trial includes unlimited access to all documents available for the Unbreakable Calm Group Coaching Program.
At the end of your free trial, the following will occur: You will automatically be billed our monthly subscription rate. If you do not want to be billed, you will need to cancel your subscription before your free trial ends.
To cancel your free trial, please follow these steps: In order to cancel for a refund less the credit card processing fees, you must send an email to faye@yourmindfulbreath.com within the 14 day trial period and explain why you no longer think this program is for you.
Payments
We accept the following payment methods on our Site:
- Credit Card;
- PayPal;
- Debit;
- Direct Debit; and
- Stripe.
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Refunds
Refunds for Goods
Refund requests must be made within 14 days after receipt of your goods.
Refunds do not apply to the following goods:
- Digital products other than Unbreakable Calm: Your Roadmap to Peace.
Refunds for Services
We provide refunds for services sold on our Site as follows:
- The Unbreakable Calm: Your Roadmap to Peace can be refunded within 14 days of purchase.
Guarantees
The following guarantees apply to our Site:
- With the Love It or Leave It Guarantee, you will have 14 days after signing up for the Unbreakable Calm Group Coaching Program for a refund less the credit card processing fees..
Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.
Limitation of Liability
Faye Barry and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Faye Barry and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the State of South Carolina.
Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Faye Barry are unable to resolve any dispute through informal discussion, then you and Faye Barry agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Faye Barry. The costs of any mediation or arbitration will be paid by the unsuccessful party.
Notwithstanding any other provision in these Terms and Conditions, you and Faye Barry agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
(804) 258-6889
faye@yourmindfulbreath.com
1806 Summit Ave, Ste 300 PMB 2046, Richmond, VA, 23230
You can also contact us through the feedback form available on our Site.
Effective Date: 3rd day of December, 2021
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