TERMS OF WEBSITE & SERVICE USE
AGREEMENT TO TERMS
Please be advised the Site is hosted in Ireland. If you access the Site from the United States, Asia, or any other regions of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the European Union, then through your continued use of this Site, you are transferring your data to Ireland, and you expressly consent to have your data transferred to and processed in Ireland.
RIGHT OF MODIFICATION
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject to any registration requirement within such jurisdiction or country. Accordingly, use of the Site is void where prohibited by law. By using this Site, you represent and warrant that your use of the Site does not violate any applicable law or regulation. You will comply with all applicable laws in accessing and using this Site.
Age. We do not knowingly accept, request, or solicit information from children or knowingly market to children. The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site. Therefore, if we receive actual knowledge that anyone under the age of 18 has provided personal information to us without the requisite and verifiable parental consent, we will terminate that account.
Physical & Psychological Health. Should you decide to participate in any Services, you must conduct research and/or consult with your physician regarding any techniques and modalities used in our Services, including, but not limited to, breathwork, diets, fasting and use of herbal medicines or supplements, to determine 1) if you can safety participate; 2) if you need to modify any aspect of the Services in order to safety participate; and 3) if you are of sufficient psychological health to participate.
EDUCATIONAL & INFORMATIONAL PURPOSES ONLY
Our Site and Services are offered for educational and informational purposes only; not for healing or treating anyone for any physical or mental condition or illness. BMT is not a medical facility nor are our members, managers, owners, directors, officers, employees, agents, and representatives licensed medical doctors, licensed physicians, licensed psychologists or licensed psychotherapists. We do not practice medicine, diagnose, cure or treat diseases or illnesses or prescribe or administer prescription drugs or controlled substances. Nothing contained in the Site or Services should be construed as medical advice or diagnosis and should not be interpreted as a substitute for physician consultation, evaluation, or treatment.
You should discuss any techniques, practices and modalities mentioned on our Site and Services with your primary care physician. We do not recommend that anyone discontinue current medical treatment prescribed by licensed health care professionals. Never disregard professional medical advice or delay in seeking it because of something you have read or seen on the Site or Services. If you have a medical emergency or are suicidal, you should call your doctor or 911 or other applicable emergency telephone number for your area immediately or go to the nearest hospital emergency room. Do not rely on online communication and information for urgent medical care.
USE OF OTHER TECHNIQUES OR SUBSTANCES
BMT may record group audio or video chats. Your image and/or voice may be recorded by various mechanical and electrical means of all descriptions. You voluntarily consent to and give BMT the unrestrained right in perpetuity to use and own your image and voice, in any manner we may see fit and for any purpose whatsoever, including but not limited to commercial, advertising, publicity, public displays, and promotions. You hereby waive to the fullest extent that you may lawfully do so, any causes of action in law or equity you may have or may hereafter acquire against us for any violation of any right of publicity or privacy, libel, slander, copyright, trademark or any other intellectual property claim or violation or false light arising out of or in connection with the utilization of your image or voice. This release shall be binding upon you and your heirs, legal representatives, and assigns. In these respects, you hereby waive the protection of any law that might otherwise prevent you from waiving unknown claims against us, such as California Civil Code Section 1542 which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Any review, testimonial or other matter that could be regarded as an endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of viewing or using our courses and products. Results from use of the Site and Services will vary. Testimonials on the Site represent anecdotal experience of individual consumers. Individual experiences are not a substitute for scientific research. We have the express right in our sole discretion to remove or refuse any testimonial you may provide to us. There is no guarantee that any testimonial provided to us will be included on our Site.
USER REGISTRATION & ACCOUNT POLICY
You are required to register an account with us to have access to the Site or use our Services.
Sole User. Each person may only maintain one account at any given time. You are responsible for all use of the Site made by you or anyone else using your account in violation of the terms of this agreement and are responsible for preventing unauthorized use of your account.
Account Security. We recommend that you do not select an obvious username or password (such as your name) and that you change it regularly. BMT assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account. We are not liable for any loss or damage that you may incur as a result of someone else using or accessing your account to access or use the Site and Services, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else’s access to or use of the Site and Services.
INTELLECTUAL PROPERTY RIGHTS
USE OF SITE & CONTENT
Provided that you are eligible to use the Site, and except as otherwise indicated elsewhere on the Site, you are granted a non-exclusive limited license to access and use the Site and to download or print a copy of any portion of the Content available on the Site subject to the following conditions:
- Content must be used solely for personal, informational, non-commercial purposes;
- Content must not be modified or altered in any way;
- Content must not be distributed;
- You must not remove any copyright or other proprietary notices contained in the materials;
We reserve the right to revoke the authorization to view, download, and print the materials available on the Site at any time, at our sole discretion, upon notice that the use of Content does not abide with the above requirements. Any such use shall be discontinued immediately without written notice from us.
The rights specified above to view, download and print the materials available on the Site are not applicable to the design or layout of the Sites. You are not authorized to copy or use any software, proprietary processes, or technology embodied or described in this Site.
We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks. Any copy of the content that you make for information, non-commercial purposes must include the copyright notice or other attribution associated with the content.
Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any of our patent, trademark, copyright or other proprietary rights for any purpose not expressly set out in this Agreement.
ACCEPTABLE USE POLICY
You must only use the Site and Services for their stated or intended purpose and in accordance with this Agreement and all applicable laws and regulation. You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Use the Site or Services in any manner inconsistent with this Agreement or any applicable laws or regulations, in our sole determination;
- Use any part of the Site and Services other than for its intended purpose;
- Use any part of the Site and Services in any illegal activity or in the furtherance of any illegal activity;
- Interfere or violate the legal rights (such as rights of privacy and publicity) of others or violate others’ use or enjoyment of the Sites and Services;
- Attempt to do anything that does or could interfere with, disrupt, negatively affect or inhibit other users from using or enjoying the Site and Services or links on the Site
- Publish, post or disseminate any material that is illegal, discriminatory, or that encourages a criminal offense;
- Trick, defraud or mislead us or other users, especially in any attempt to learn sensitive account information such as user passwords;
- Mislead or deceive us, our representatives and any third parties who may rely on the information provided by you, by providing inaccurate or false information, which includes omissions of information;
- Deceive or mislead us through creating a false identity, impersonating another user or person, or use the username of another user or person;
- Disguise the origin of any material transmitted via the Site and Services (whether by forging message/packet headers or otherwise manipulating normal identification information);
- Violate, infringe or misappropriate any intellectual property right of any person (such as copyright, trademarks, patents, or trade secrets, or other proprietary rights of any party) or commit a tort;
- Delete the copyright or other proprietary rights notice from any Content;
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
- Use any information obtained from the Site in order to harass, abuse, or harm another person;
- Harass, annoy, intimidate, or threaten any of our users, employees or agents engaged in providing any portion of the Site;
- Separate, tarnish, denigrate, defame or otherwise harm us or the Site, in our sole determination;
- Use the Sites as part of any effort to compete with us or otherwise use the Site or the Content for any revenue-generating endeavor or commercial enterprise;
- Make any unauthorized use of the Site, including but not limited to, harvesting data for the purposes of use or sale, collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
- Except as may be the result of standard search engine or Internet browser usage, use launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheer utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property;
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (GIFs), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCMs”);
- Access any content, area or functionality of the Site and Services that you are prohibited or restricted from accessing or attempt to bypass or circumvent measures employed to prevent or limit your access to any content, area or functionality of the Site or Services;
- Obtain unauthorized access to or interfere with the performance of the servers which host the Site and Services or any servers on any associated networks or otherwise fail to comply with any policies or procedures relating to the use of those servers;
- Gain unauthorized access to any services or products, other accounts, computer systems, or networks connected to any of our servers through hacking, password mining, or any other means;
- Interfere with, disrupt, or create an undue burden on the Site or the networks or servers connected to the Site;
- Engage in any act that undermines or compromises the security and integrity of the computer, communication systems, networks, software application, or other computing devices used in connection with the Sites and Services;
- Monitor traffic on the Sites and Services, or permit anyone to do so; or
- Attempt to do any of the foregoing.
If you post, upload, input, provide or submit any content, data, comments, suggestions, ideas, questions, feedback or other information to us (whether via the Site, Services, mailing lists or otherwise) (collectively, your “User Content”), you must ensure that the User Content provided by you at that or at any other time is true, accurate, up to date, complete and not misleading and that any such User Content does not infringe the intellectual property rights of any third party. We may delete any such User Content from the Site at any time in our sole discretion.
Confidentiality & License. Any User Content that is transmitted, stored or processed via the Site and Services or sent to us shall be considered non-confidential. By posting, uploading, inputting, providing or submitting your User Content to us, you grant us and our sub-licensees an irrevocable, sub-licensable, non-exclusive, royalty-free, worldwide, perpetual, right and permission to use, reproduce, copy, create derivative works from, distribute, transmit, publicly perform or publicly display your User Content. We shall be entitled to the unrestricted use and dissemination of User Content for any lawful purpose, commercial, advertising or otherwise, without acknowledgement or compensation to you. This license will apply to any form, media, or technology now known or hereafter developed. You waive all moral rights in your contributions, and you warrant that moral rights have not otherwise been asserted in your contributions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your User Content.
Responsibility for User Content. We do not own, control or endorse any User Content that is transmitted, stored or processed via the Site or Services or sent to us and we are not responsible or liable for any User Content. You are solely responsible and liable for all of your User Content and for your use of any interactive features, links or information or content on the Site or Services, and you represent and warrant that:
- You own all intellectual property rights (or have obtained all necessary permissions) to provide your User Content and to grant the licenses in these terms;
- Your User Content will not violate any agreements or confidentiality obligations; and
- Your User Content will not violate, infringe or misappropriate any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity.
You are solely responsible for your contributions to the Site and you expressly agree to exonerate us and indemnify us from any and all responsibility and to refrain from any legal action against us regarding your contributions.
Screening. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content. We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any User Content; (2) to re-categorize any contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any contributions at any time and for any reason, without notice..
GUIDELINES FOR REVIEWS
We may provide areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) You should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty free, fully-paid, assignable, and sub licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE
Apple and Android Devices
As part of the functionality of the Site, you may link your account with online accounts you have with 3rd party service providers (each such account, a “Third Party Account”) by either: (1) providing your third party Account login information through the Site; or (2) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent and warrant that you are entitled to disclose your Third Party login information to us and/or grant us access to your Third Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the Third Party service provider of the Third Party Account. By granting us access to any Third Party accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third Party Account (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third Party Account additional information to the extent you are notified when you link your account with the Third Party Account. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Site. Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the Third Party service provider, the Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENTS(S) WITH SUCH THIRD PARTY PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your account.
THIRD PARTY WEBSITES AND CONTENT
The Site may contain (or you may receive via the Site) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from Third Parties (“Third Party Content”).
We do not investigate or monitor such Third Party Websites and Third Party Content, nor do we check them for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Websites accessed through the Site or any Third Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Websites or the Third Party Content.
You should review the applicable terms and policies, including privacy and gathering practices, of any Third Party Website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse any products or services offered on Third Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third Party Content or any contact with Third Party websites.
We do not approve of, control, endorse or sponsor any third parties or Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, the accuracy, validity, legality, copyright compliance, or decency of such content. Your use of, or interactions with, any Third Party Content, and any Third Party that provides Third Party Content, are solely between you and such third parties and we are not responsible or liable in any manner for such use or interactions. We are not responsible for any of the content on third party sites linked to our Website nor can it be assumed that we have reviewed or approved of such sites or their content, nor do we warrant that the links to these sites work or are up to date.
We make no representation or warranty as to the accuracy, completeness, reliability, merchantability, or fitness for a particular purpose of Third-Party Content provided on our Site nor any commitment to update or correct such materials. USAGE OF AND RELIANCE ON SUCH THIRD-PARTY RESOURCES ARE ENTIRELY AT YOUR OWN RISK.
Our Services may contain or require the use of third-party services or technologies (“Third-Party Services”), which may be licensed or made available to you for use under separate agreements. You are responsible for complying and/or non-compliance with any terms and conditions of such Third-Party Services or as required or specified by us. The third-party provider or owner of such Third-Party Services retain the rights, ownership and title in and to such Third-Party Services.
Access Restrictions. From time to time we may decide to temporarily restrict or block access to, or use of, all or part of the Websites and Services without notice and reserve the right to do so for business or operational reasons. We also reserve the right to disable, block or restrict any access or use of our Websites and Services from any individuals or companies that are currently under any sanctions programs.
Withdrawal and Amendments. We reserve the right to withdraw and/or amend any features of the Websites and Services without notice (save to the extent otherwise set out in the relevant Service Terms) and we accept no liability, no matter how that may be caused, arising from us doing so.
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS, CORRECTIONS & INTERRUPTIONS
We reserve the right to change, modify, or remove all or part of the Site or any materials on the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to discontinue all or part of the Site without notice at any time. Additionally, we have no obligation to update information on our site. There may be information on the Site that contains typographical errors, inaccuracies, or omissions. We reserve the right, without notice and for any reason, correct any errors, inaccuracies, or omissions in any materials on the Site, change or update any materials on the Site.
We cannot guarantee the Site will always be available or uninterrupted. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or Services (or any part thereof) with or without notice.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss of corruption of such data.
Disputes arising out of or relating to this Agreement shall first be resolved by informal negotiations between the parties. If the parties are unable to resolve a dispute through informal negotiations, the dispute (except those disputes expressly excluded below) shall be resolved exclusively by final and binding arbitration in Colorado by and under the International Arbitration Rules of the International Center for Dispute Resolution (“ICDR”), www.ICDR.org. YOU UNDERSTAND THAT THIS PROVISION SUPERSEDES YOUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. If for any reason, a dispute proceeds in court rather than arbitration, the dispute shall be commenced or prosecuted in the courts of Colorado, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in any courts.
Notwithstanding any contrary provision of law, in no event shall any dispute related in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable and such dispute shall be decided by the courts listed above. The Parties agree to submit to the personal jurisdiction of such court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following disputes are not subject to the above provisions concerning binding arbitration: (a) any disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATION ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITE LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS. (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USAGE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY. MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
CERTAIN LINKS ON THIS WEBSITE MAY LEAD TO WEBSITES, RESOURCES OR TOOLS MAINTAINED BY THIRD PARTIES OVER WHOM WE HAVE NO CONTROL, INCLUDING, WITHOUT LIMITATION, THOSE MAINTAINED BY OTHER ENTITIES WITHIN OR OUTSIDE OUR NETWORK OR INDIVIDUAL PERSONNEL OF SUCH ENTITIES. WITHOUT LIMITING ANY OF THE FOREGOING, WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING SUCH WEBSITES, RESOURCES AND TOOLS, AND LINKS TO ANY SUCH WEBSITES, RESOURCES AND TOOLS SHOULD NOT BE CONSTRUED AS AN ENDORSEMENT OF THEM OR THEIR CONTENT BY US.
ASSUMPTION OF RISK
You acknowledge and agree that when participating in any Services (such as virtual retreats, courses or other activity or program described in our Site) there is the possibility of physical injury, emotional distress and/or death, and you assume the risk and responsibility for any such results. You are advised of potential risks and hazards connected with participating in our Services, including but not limited to: risks associated with using breathwork, fasting and dieting techniques, herbal supplements, bodywork, as well as side effects you may experience as a result of these techniques such as feeling intense emotions, or experiencing mental churning and confusion. If you register for our Services, you hereby elect to voluntarily participate in said activity, knowing that the activity may be hazardous. You hereby voluntarily assume full responsibility for any and all risk of bodily injury, death, property damage (including personal property) or loss, that may be sustained by yourself or others present during Services. You voluntarily assume all risk and full take responsibility for all effects and side effects you may experience, and any beliefs and thoughts you may have. You expressly understand that participating in Services is at your own risk.
You expressly understand and agree that under no circumstances will BMT, its owners, members, managers, directors, officers, agents, contractors, affiliates, representatives, and partners be responsible for any loss or damage, including personal injury or death, resulting from my participating in Services. YOU VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by yourself or others, or any loss or damage to property owned by yourself, as a result of being engaged in Services, WHETHER CAUSED BY NEGLIGENCE OF COMPANY or otherwise.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR OUR MEMBERS, MANGERS, DIRECTORS, EMPLOYEES, OR AGENTS, OR ANY ENTITY RELATED TO US, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR $5.00 (FIVE UNITED STATES DOLLARS). CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL BE APPLICABLE NOT ONLY TO US BUT ALSO TO EACH OTHER ENTITY WITHIN OUR NETWORK AND TO OUR AND THEIR RESPECTIVE PERSONNEL. THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE APPLICABLE TO THE FULLEST EXTENT PERMITTED BY LAW, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE § 1542 WHICH PROVIDES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY,” AS WELL AS ANY OTHER STATE OR FEDERAL STATUTE OR COMMON LAW PRINCIPLES THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses at your sole expense. You also waive and hold us harmless from any claims resulting from any action taken by the Company during or as a result of investigations into the breach of these Terms, or misuse of Website or Content and/or from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
You and/or your estate hereby indemnify the Company against any claim by any person arising directly or indirectly from your death, injury, loss or damage suffered by you, allegedly caused or contributed to by an act or omission by us, its directors, employees, contractors, consultants and agents.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means (other than electronic means).
We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by circumstances beyond our reasonable control. The captions and headings in these Terms are intended only for convenience, and will in no event be construed to define, limit or describe the scope or intent of these Terms, or any provision of these Terms, nor in any affect the interpretation of these Terms.
You may contact us at:
1153 Bergen Parkway #339
Evergreen, CO 80439
Date of Last Update: May 25th 2020
©2020 One Universe LLC dba Blue Morpho Triniti