Terms of Use
IMPORTANT! These terms of use govern your use of this site, which is provided by our company. By accessing this site, you are indicating your acknowledgment and acceptance of these terms of use. These terms of use are subject to change by our company at any time at our discretion. Your use of this site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these terms of use regularly.
Access to this site:
You agree to use this site only for the lawful purposes described in more detail in the “Restrictions on Use” section below. You agree not to take any action that might compromise the security of the site, render the site inaccessible to others or otherwise cause damage to the site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the site in any manner that might interfere with the rights of third parties. To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If our Company believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.
Restrictions on use:
This site is provided solely for non-commercial, personal use, and/or so that you may learn about our Company and the services we provide. You may not use this site for any other purpose, including any commercial purpose, without our Company’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyperlink to this site, without the express prior written permission of an authorized representative of our Company. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or Content accessible within this site. You agree to cooperate with our Company in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
Refunds & Cancellations:
Our refund and cancellation policies vary depending on the type of product that you have purchased:
Online Products:
- Downloadable Products – all of these products which give you immediate access to the content and don’t have any type of coaching, whether live or self guided, have a 30 day money back guarantee associated with them (examples include all 8 LOVE Albums, Alpha Healing System, Brain Stimulation System, Supermind, Superhuman and Supercharge)
- Courses With A Coaching Component – products which include a set layout for you to follow have a refund policy of 7 days from the start date of the course. (examples include the 21 Day Awakening Breath Journey and Online Instructor Training Course)
- Subscription Products – products that require a periodic payment to remain active can be cancelled anytime upto 48 hours before the next billing date. Once cancelled, you will maintain access to all of the content until the next billing date would have taken place.
Retreats & Other Live Events:
- Deposits for retreats are non-refundable
- If you have made the full payment and wish to cancel with at least 60 days notice prior to the retreat start date, you will receive a full refund less your deposit payment as stated above.
- If you have made the full payment and wish to cancel with at least 30 to 59 days prior to a retreat start date, you will receive a 50% refund less your deposit payment as stated above (we will retain your deposit and 50% of the final retreat payment)
- Cancellations made within 29 days until the retreat start date may receive a 15% refund.
Payment Plans (In House Financing):
We offer payment plans on some of our online courses which have a ticket price greater than $1499. This is our way of offering financing to those who can not afford to pay upfront. All of our payment plans are more costly than the one time payment option as we charge interest to assume the risk.
Once a client enters into a Payment Plan with SOMA Breath, the following rules apply:
- A 30-day cooling-off period is included on your deposit (initial) payment where the Client may be able to withdraw from the Agreement and claim a full refund, with all accesses being removed
- All recurring payments are NON-REFUNDABLE unless otherwise stated in this Agreement. In the event that Client terminates this Agreement prior to the end of the term, Client shall be responsible to make any and all remaining payments due under the term of the Agreement. If remaining payments are not made upon early cancellation by Client, access to the course may be removed
- Each monthly installment is due every 30 days from the deposit payment date. Client acknowledges that Client shall be responsible to make all payments, even where this Agreement has been terminated at the election of Client, in accordance with the terms hereof, prior to the conclusion of its term. In the event that the Client fails to timely pay an installment payment within ten days of the due date, a monthly service charge of 1.5% may be added to the balance due and owing.
- In the event the Client wishes to put the Program on hold, it is possible to put it on hold for up to 3 months at a time for a total of 6 months per Agreement, the first 2 months no interest will be charged, the third month 2% interest will be charged, for additional hold periods- each period will accumulate 2% interest and be added to the remaining payments. The Client may also downgrade their chosen course at a fee which would depend on the specific circumstance.
Proprietary information:
Trademarks
The material and Content accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by our Company is the proprietary information of our Company or the party that provided the Content to our Company, and our Company or the party that provided the Content to our Company retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of our Company, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. You are prohibited from using any of the marks or logos appearing throughout the site without the express written permission of our Company.
Copyrights
This site and its Content are protected by U.S. and/or foreign copyright laws, and belong to the Company or its partners, affiliates, contributors or third parties. The copyrights for the Content are owned by the Company or other copyright owners who have authorized their use on this site. You may download and reprint Content for non-commercial, non-public, personal use only (If you are browsing this site as an employee or member of any business or organization, you may download and re-print Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by the Company, for example in certain password-restricted areas of the site). You may not manipulate or alter in any way images or other Content on the site.
Hyperlinks
This site may be hyper-linked to other sites which are not maintained by, or related to, our Company. The inclusion of any hyperlink to a third-party site does not imply endorsement, sponsorship or recommendation by our Company of that site. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this site or our Company. Our Company has not reviewed any or all of such sites and is not responsible for the content of those sites. Our Company also makes no representations about the availability of hyperlinked sites. Hyperlinks are to be accessed at the user’s own risk, and our Company makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this site. If you hyperlink to a site, please be aware that you will leave our Company’s web site and will become subject to the rules and conditions of the linked site(s). We recommend that you make yourself aware of the Terms of Use of any sites you link to from our Company’s site.
Testimonials
In accordance with the FTC guide lines concerning use of endorsements and testimonials in advertising, please be aware of the following: Testimonials appearing on this site are actually received via text, audio or video submission. They are individual experiences, reflecting real life experiences of those who have used our products and/or services in some way or another. However, they are individual results and results do vary. We do not claim that they are typical results that consumers will generally achieve. The testimonials are not necessarily representative of all of those who will use our products and/or services. These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.
Video Recording Usage From Free and Paid Live Online Sessions
The online sessions that we do for free and also as part of our paid courses and memberships may be recorded, and SOMA Breath Inc. shall have all rights in and to such recordings, including the copyright therein. The copyright shall include, but not be limited to, the right to use, re-use, publish, and re-publish and otherwise reproduce, modify, and display any such film, photograph and/or recording for educational and promotional purposes, including without limitation, audiotapes, audio CDs, DVDs, websites, video, or film or any other form of recorded images. You grant SOMA Breath, Inc. the right, without compensation to you, to film, photograph and/or record you while participating in the Workshop and you waive any right which you now have or may have hereafter in any such film, photograph and/or recording. You agree to not record by audio, video, photographic or any other means, any portion of the Workshop.
Submissions
You hereby grant to our Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to our Company through this site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Our Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations. By making a Submission, you are guaranteeing to us that you have the legal right to post the content in the Submission and that it will not violate any law or the rights of any person or entity. Our Company will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.
Downloading material
You understand that our Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Our Company does not assume any responsibility or risk for your use of the Internet.
Disclaimer
The information, products and services offered on or through the site and by company and any third-party sites are provided “as is” and without warranties of any kind either express or implied. to the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchant ability and fitness for a particular purpose. we do not warrant that the site or any of its functions will be uninterrupted or error free, that defects will be corrected, or that any part of this site, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components. we do not warrant or make any representations regarding the use or the results of the use of the site or materials on this site or on third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise with regards to health & wellness content on the site:
With Regards To The Breathing Techniques & Programs Of SOMA Breath
Do not do the breathing techniques in SOMA Breath if operating heavy machinery or driving. If you have high blood pressure or any serious medical disease then please seek medical supervision from your doctor before using this product. We cannot take liability for any harm caused.
Proceed with great caution if you have any of the following:
- High blood pressure
- acute somatic and viral diseases
- chronic obstructive pulmonary disease (COPD-II and COPD-III)
- chronic diseases with symptoms of decompensation or terminal illness
- individual intolerance of oxygen insufficiency
- cancer, unless IHT is prescribed by a doctor
- people with epilepsy, pacemakers or heart arrhythmias, unless treatment (including IHT) is under direct medical supervision.
Phase 2 and 3 should be done in presence of instructor or lying down in place you will not faint and hurt yourself.
With Regards To Video Recordings In Our Webinars & Group Calls
During free and paid group video calls conducted through webinar jam, zoom, skype or any other online video platform, we may from time to time take recordings of the sessions and use individual clips in promotional material, webinar replays, for demonstrations or any other reasons which we deem necessary.
With Regards To Financial Content On The Site::
Neither company nor its owners, officers, directors, employees, subsidiaries, affiliates, licensors, service providers, content providers and agents are financial advisers and nothing contained on the site is intended to be or to be construed as financial advice. company is not an investment advisory service, is not an investment adviser, and does not provide personalized financial advice or act as a financial advisor. the site exists for educational purposes only, and the materials and information contained herein are for general informational purposes only. the education and i formation presented here in is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. you are encouraged to discuss any opportunities with your attorney, accountant, financial professional or other advisor.
Limitation on liability
Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if company has been advised of the possibility of such damages. in no event will the collective liability of company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid to company for the applicable content, product or service out of which liability.
Indemnity
You will indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
Information you provide
You may not post, send, submit, publish, or transmit in connection with this site any material that:
- You do not have the right to post, including proprietary material of any third party
- Advocates illegal activity or discusses an intent to commit an illegal act
- Is vulgar, obscene, pornographic, or indecent
- Does not pertain directly to this site
- Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive
- Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise
- Infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity
- Violates any law or may be considered to violate any law
- Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content
- Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site
- Solicits funds, advertisers or sponsors
- Includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications
- Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site
- Includes MP3 format files
- Amounts to a ‘pyramid’ or similar scheme
- Disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site
- Contains hyper-links to other sites that contain content that falls within the descriptions set forth above
Although under no obligation to do so, our Company reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any Submission.
Security
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms of Use. Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. By accepting this agreement you waive and hold harmless company from any claims resulting from any action taken by company during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either the company or law enforcement authorities.
Claims of copyright infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by COMPANY infringe your copyright, you, or your agent may send to COMPANY a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to COMPANY a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; seehttp://www.loc.gov/copyright for details.
Dispute Resolution
These Terms of Use shall be governed by and construed in accordance with the laws of the State of laws of California, United States of America, If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Class Action Waiver
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
Severability
If any clause within the Terms of Service (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from the Terms of Service, and the remainder of these Terms of Service will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, the dispute will be decided by a court.
Miscellaneous
These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions, such as our Privacy Policy and other disclosures, on this site will govern the items to which they pertain. Company may revise these Terms of Use at any time by updating this posting.
