breathe-fitness-robin-naughton.mykajabi.com/ 

TERMS OF USE

Last Updated:  10/08/2024

breathe-fitness-robin-naughton.mykajabi.com/ is a SERVICE BASED HEALTH & FITNESS BUSINESS.  Website available at breathe-fitness-robin-naughton.mykajabi.com/ (the “Website.”) BREATHE FITNESS and its affiliates (“we”, “us” or “our”) grant access to the Website to you subject to these terms (the “Terms of Use”). By using the Website, you agree to these Terms of Use. Please immediately stop use of the Website if you do not agree to these terms. These Terms of Use also include our Privacy Policy, and Website Disclaimer, which can be found in links at the footer of our website. 

 

Conditions to Use the Website. 

Your permission to use the Website is conditioned on your agreement that you:

    •  Are at least 18 years old
    •  Will comply with these Terms of Use;
    •  Refrain from any of the acts listed in the Prohibited Conduct section of these Terms of Use;
    •  Will not copy or distribute any part of the Website in any form without our written consent;
    •  Will provide accurate information when creating accounts or registering for the website;
    •  Will not use the Website for any commercial purposes other than the specific commercial activities contained on the Website and will not use it to obtain data or personal information about any other users or to solicit other users; 
    •  Have ownership and sole responsibility for any content provided by you on the Website or to us;
    •  Agree we have the right to remove any and/or all of your content and terminate your account with or without notice.

 

Prohibited Conduct.     

By using the Website, you agree not to:

    •  Conduct or promote illegal activities;
    •  Attempt to reverse engineer or obtain the code of the Website software (including tools, methods, processes, and infrastructure);
    •  Attempt to gain access to secured portions of the Website;
    •  Engage in the automated use of the system, such as the use of data mining robots, or any manual process to harvest information from the Website;
    •  Hack into the accounts/profiles of other users;
    •  Infringe upon the copyright of us or third parties whose content is hosted on the Website;
    •  Share your account/ profile information with any third parties
    •  Use the Website to generate spam;
    •  Use our services as part of any effort to compete with us;
    •  Interfere in any way with the functioning of the Website;

 

Your Account/Profile. 

You may be required to create an account and/or profile to access certain content on the Website. You agree only to provide truthful and accurate information, and keep it up to date. If your privilege to use the Website is at any time terminated by us, you may not use the Website under any new or alternative account. Sharing your account login is prohibited and will result in your access being terminated. You are solely responsible for any and all access to the Website via your account login. If you believe your login has been compromised, notify us immediately by one of the methods listed in the Contact section of these Terms of Use.

 

Your Content. 

By providing any form of content to us or through the Website, you expressly agree that we may use that content, referred to as “User Generated Content” or “UGC”. UGC may include images, videos, pictures, comments, posts, files, or anything else provided by you. If any UGC violates these terms we may remove it, terminate user accounts, or take other actions. We are not responsible for any harm to you caused by other users’ UGC. You agree not to post or use any UGC in any way that:

 

    •  Infringes the copyright, trademark, or other intellectual property or proprietary rights of third parties
    •  Violates the privacy, publicity, or other rights of third parties
    •  Is unlawful, untrue, inaccurate, defamatory, discriminatory, pornographic, abusive, threatening, harassing, hateful, encourages criminal conduct, or may give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by us in our sole discretion
    •  Could damage our company, representatives, affiliates, advertisers, or other parties.

 

 

Products or Services. 

The following terms in these Terms of Use are applicable to those who make any purchase through the Website.

    1. Product/ Service Descriptions. It is our intention and efforts to put accurate product information, descriptions, and images on the Website. However, it is your responsibility to fully vet any product or service prior to purchase. We are not responsible for any mistakes, omissions, or inferences made from product or service descriptions. Descriptions may be changed by us at any time without notice.
    2. Prices. Prices for our products and services may change at any time without notice. We are under no obligation to honor a previously posted price for a purchase. Prices for delivery (if applicable) and or tax (if required by law) are not included in the price and will be charged to the purchaser at the time of purchase. Payment is due upon placing an order unless alternative payment arrangements are agreed in writing. Acceptable payment methods are disclosed on the checkout page.
    3. Modifications. We may modify or discontinue any product or service without notice at any time.
    4. Discretion. We reserve the right to refuse a sale to anyone at our sole discretion. 

 

 

Promotions, Sweepstakes, and other Contests. 

We may offer special promotions, contests, and/or sweepstakes intended to provide you an incentive to use, engage with, or promote the Website and/or purchase our products or services. The applicable rules will be posted on the Website in or near the description of each such promotion. We reserve the right to interpret the rules related to any such promotion, contest, or sweepstakes in our sole discretion, and you agree to our interpretation.

 

General Maintenance.

We may make the website unavailable for periods of time for general maintenance, or for any reason we deem appropriate. We make no guarantee as to a length of time the website may be unavailable. We are not liable to you for any issue that may arise from the Website’s unavailability.

 

Termination. 

We may alter or discontinue the Website or any of the services provided at any time without notice. The agreement between us and you will automatically terminate if, in our sole discretion, you violate any of These Terms of Use. A termination will result in the immediate removal of access to the Website. The Disclaimers of Warranty and Limitation of Liability, and all terms and conditions related to your content, and Indemnity sections will survive the termination.

 

Indemnity. 

You agree to defend, indemnify, and hold harmless us, our officers, directors, representatives, employees, agents,  affiliates, and related companies from and against any and all claims, damages, obligations, losses, liabilities, and/or costs (including reasonable attorney's fees) arising from (i) your violation of any term of these Terms of Use; (ii) your violation of any third party right, including without limitation any copyright, property, privacy right, or any and all intangible or intellectual property rights; or (iii) any claim that any of your UGC causes damage to a third party.

 

Intellectual Property.

All content on the Website provided by us is provided to you for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent. We reserve all rights not expressly granted in and to the Website. We, or anyone we obtained a license from, retain ownership of all intellectual property rights of all kinds associated with the Website, including trademarks, copyrights, and other rights such as trade secrets. Through the use of this Website and these Terms of Use, you are not in any way licensed any intellectual property rights described here or that may exist. We reserve all rights that are not specifically granted to you in writing. We retain, to the maximum extent possible, all ownership of all the text, software, scripts, graphics, photos, sounds, features, and the trademarks, service marks, and logos contained on the Website ("Marks"), unless they are marks used by Merchants who have provided them to us for use on this Website. The Marks are owned or licensed to us, subject to copyright and other intellectual property rights under the law of the United States of America, the laws of our respective jurisdictions, and international laws. 

 

You retain intellectual property rights in any copyrighted materials and trademarks that are contained in UGC that you post to the Website. By posting UGC, you grant us an irrevocable, perpetual, non-exclusive, royalty-free, full license, to use said UGC in any and every way we choose. 

 

Copyright Notice. 

If you believe the Website in any way has infringed on your copyrights, please submit a notification pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)) in writing to.us by the method listed in the Contact section below. with the Subject: “copyright notice.” 

 

Entire Agreement. 

These Terms of Use as well as the Privacy Policy and Website Disclaimer, constitute the entire agreement of the parties with respect to the Website. No waiver by either party of any breach or default will be a waiver of these Terms, or any preceding or subsequent breach or default. There are no third-party beneficiaries of these Terms of Use. They are not assignable, and any attempt to do so will be invalid. 

 

Choice of Law. 

To the maximum extent authorized by law, the laws of the State of CALIFORNIA govern the interpretation of these Terms of Use and any disputes arising in connection with it, regardless of conflict of laws principles.

 

Dispute Resolution. 

Any claim or dispute between you and us, our officers, directors, agents, parent companies, and vendors that arises out of or relates to this Agreement or use of the Website will be decided exclusively by a court of competent jurisdiction located in CALIFORNIA. The prevailing party shall pay its fees and litigation expenses.

 

Headings. 

The section headings used in these Terms are for convenience only and shall be of no legal force or effect.

 

Severability. 

If any provision of these Terms of Use is held invalid by a court of competent jurisdiction, it will not affect the enforceability of any other provisions in these Terms of Use, and the remaining portions of these Terms of Use will continue in full force and effect.

 

Contact. BREATHE FITNESS is located in SAN DIEGO, CALIFORNIA, If you have questions about these Terms of Use, you may contact BREATHE FITNESS by:

 

Email at [email protected]

 

Changes to Terms of Use. 

We may modify any of these Terms and/or our Privacy Policy and Website Disclaimer at any time at our sole discretion. We will notify you of such change by posting the modified Terms or Policy on the Website. We have no obligation to send you any other form of notice. Any changes to these Terms of Use our Privacy Policy, or our Website Disclaimer will be effective immediately when posted on our Website. We suggest you visit and review this section of our Website from time to time to stay up to date with our Terms and Policies. Your use of the Website will be deemed as your acceptance of these terms.         

 

 

 

 

PRIVACY POLICY

BREATHE FITNESS

Last Updated: 10/08/2024

This privacy policy will explain how BREATHE FITNESS uses the personal information & data we collect from you when you use our website at BREATHE FITNESS. 

BREATHE FITNESS is located in the United States and is subject to United States laws. If you are outside of the United States, your use of the website breathe-fitness-robin-naughton.mykajabi.com/ constitutes consent to the transmission of personal information to the United States. If your use of is against the laws of your jurisdiction, it is your responsibility to refrain from the use of breathe-fitness-robin-naughton.mykajabi.com/

 

What information do we collect and how do we collect it?

 

BREATHE FITNESS collects Personal identification information from you. We rely on you to submit this personal information to us. When you register online, complete surveys or feedback forms, make a purchase, and before a transaction, we collect items of personal information from your submission including Name, Phone Number, Address, Email Address, and Credit Card Information.

 

Automatic Collection. Certain items of personal information are collected from you upon visiting breathe-fitness-robin-naughton.mykajabi.com/, namely: IP address and Computer ID.

 

You may choose not to provide some of the personal information described above. Please note, however, that many of our services require some personal information to operate, so if you choose not to provide the personal information necessary to operate and provide you with a particular service or feature of that service, you may not be able to use that service or feature. You may also contact us at the information at the bottom of this notice at any time to withdraw your consent for us to use your information. Otherwise, we keep your information until the earlier of your request that it is deleted, or we decide we no longer need the data, at which time we will permanently delete your information and data. 

 

We do not actively collect sensitive or special categories of personal information as defined under Article 9 of the GDPR.

 

How will we use your information?

 

BREATHE FITNESS collects your data so that we can process your order, manage your account, email you with value focused newsletters and with information on other products and services we offer.

 

BREATHE FITNESS does not automatically share your personal information with third-party service providers without your consent, except for any such disclosures that are necessary to fulfill our services through our site. 

 

We may share your information as required by law or for the purpose of prosecuting or defending a legal action, should it be necessary, and only to that extent.

 

How do we protect your information?

 

Your privacy and security are very important to us. BREATHE FITNESS uses commercially accepted means of security and safeguards to protect information we collect, including SSL certificates for all credit card transactions, and cyber protection software. Despite the measures we have taken, we cannot guarantee that your personal information will only be accessed by authorized parties. We are not responsible for third parties that breach the safeguards we have put in place. 

 

We do not store your credit card or debit card information in our databases and do not access that information outside of the permission granted when you are making a purchase with us. While credit or debit card information is safeguarded through our third-party service provider, no method of electronic storage is 100% and no one guarantees its impenetrable security. When your credit or debit card account information is being transmitted through our website, it will be protected by our and our third-party service provider’s security protocols.

 

We will notify you within 10 (ten) business days if we become aware of any form of breach or unauthorized access of your personal information.

 

What are cookies?

 

Cookies are text files placed on your computer via your browser (if you allow through your browser settings). Cookies collect certain visitor behavior information. When you visit our websites, we may collect information from you automatically through cookies or similar technology. You can learn more at allaboutcookies.org.

 

How do we use cookies?

 

utilizes cookies for the purposes of collecting data for our site regarding traffic, interactions, and activity. We also use cookies to improve our site and your user experience, and for marketing purposes. We may use various different types of cookies. For functionality, cookies help our website recognize you on our website and remember your previously selected preferences. These could include what language you prefer and location you are in. A mix of first-party and third-party cookies is used. For advertising, we may use cookies to collect information about your visit to our website, the content you viewed, the links you followed, and information about your browser, device, and your IP address. BREATHE FITNESS sometimes shares some limited aspects of this data with third parties for our own advertising purposes. We may also share online data collected through cookies with our advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on our website.

 

These cookies remain associated with your computer. You may delete cookies or adjust your internet browser settings to disable/ reject cookies. Disabling cookies may result in limited functionality or reduced features when using our site. 

 

 

Electronic Communications.  

 

We may communicate with you by email regarding your account, purchases, and/ or for marketing purposes as permitted by applicable law, and consistent with this Privacy Policy. In collecting analytics for email communication, we may receive notice when you open an email or click a link within an email sent to you by us. 

 

You will only be added to our email list if you have affirmatively agreed or registered to receive email communication from us, most commonly by signing up for our newsletter, or when signing up for a free offering. We may email you for marketing purposes, with value-based information, or for announcements.

 

In compliance with the CAN-SPAM Act:

  •  We will not use false or misleading subjects or email addresses.
  •  We will identify the message as an advertisement in some reasonable way.
  •  We will include the physical address of our business or site headquarters.
  •  We will monitor our third-party email marketing services for compliance. 
  •  We will honor opt-out/unsubscribe requests quickly.

 

You have the right at any time to stop us from contacting your for-marketing purposes, and you may always opt out by clicking the “unsubscribe” button at the bottom of any email communication.

 

 

 

Third-Party Links. 

 

breathe-fitness-robin-naughton.mykajabi.com/ may contain links to other sites that are not owned or controlled by BREATHE FITNESS. We are not responsible for the privacy practices, or the content of such other websites and this Privacy Policy does not apply to any other sites. We make no representation regarding the privacy practices of any other sites regardless of whether we advertise on those sites or provide a link to those sites from our website.

 

 

Children’s Online Privacy Protection Act (COPPA) & Site use by minors. 

 

BREATHE FITNESS does not target or market to minors or children under 13 years old. Anyone under the age of 18 is not authorized to use our site, purchase, or use our products. If you are under the age of 18, please immediately stop using, and unsubscribe from any email communication. Please contact us at the information below if you believe anyone under the age of 13 has provided us with personal information, and we will immediately delete it. 

 

 

Rights Under the CCPA. 

 

Residents of California have the following rights under the California Consumer Privacy Act of 2018 (CCPA):

  •  The right to request that we disclose to you the categories of personal information we have collected about you, specific pieces of personal information collected about you, the sources of that personal information, the commercial purpose of collecting your personal information, and the categories of third parties that personal information is disclosed to; If we sold your personal information, you have the right to request that we disclose your categories of information sold and disclosed;
  •  The right to request that we delete any personal information about you which we have collected from you. We may deny this request if the personal information is necessary to complete a transaction, detect security incidents, debug products, exercise free speech, comply with the California Electronic Communication Privacy Act, engage in research for public benefit, enable internal uses aligned with consumer desires, or comply with legal obligations;
  •  The right to request that we correct any inaccurate personal information we have about you;
  •  The right to opt out of the sale of your personal information; and
  •  The right not to be discriminated against for exercising your consumer rights.

 

If you live in California and want to exercise your rights, you may contact us using the following methods: Sending a request to [email protected]

 

GDPR Rights. 

 

If you are located in the EU (European Union), you have the following rights under GDPR: 

 

  •  The right to access - You have the right to request BREATHE FITNESS for copies of your personal data. We may charge you a small fee for this service.
  •  The right to rectification - You have the right to request that BREATHE FITNESS correct any information you believe is inaccurate. You also have the right to request BREATHE FITNESS to complete information you believe is incomplete.
  •  The right to erasure - You have the right to request that BREATHE FITNESS erase your personal data, under certain conditions.
  •  The right to restrict processing - You have the right to request that BREATHE FITNESS restrict the processing of your personal data, under certain conditions.
  •  The right to object to processing - You have the right to object to BREATHE FITNESS's processing of your personal data, under certain conditions.
  •  The right to data portability - You have the right to request that BREATHE FITNESS transfer the data that we have collected to another organization, or directly to you, under certain conditions.
  •  If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at our email: [email protected]

 

How to Contact Us.

 

If you have any questions about BREATHE FITNESS’s privacy policy, the data we hold on you, or you

would like to exercise one of your data protection rights, please do not hesitate to contact us.

Email us at: [email protected]

 

Revisions. 

 

This Privacy Policy may be revised at any time. We will post any such changes to this page and may otherwise post other alerts on the website or communicate such changes through email. If you no longer agree to the policy as revised, please immediately stop use of this site.  

breathe-fitness-robin-naughton.mykajabi.com/

DISCLAIMER

Last Updated:  10/08/2024

 

Please read this Disclaimer carefully before using breathe-fitness-robin-naughton.mykajabi.com/ website (“website” operated by BREATHE FITNESS ("us", 'we", "our"). The content displayed on this website is the intellectual property of the BREATHE FITNESS. 

 

Professional Content.

All information posted on the website is merely for educational and informational purposes. It is not intended as a substitute for professional advice such as legal, financial, tax, medical, or any other professional advice or service. Should you decide to act upon any information on this website, you do so at your own risk. 

 

Disclaimers of Warranty.  

We provide the website and the related products and services "as is", “where is”, and "as available." We make no express and/or implied warranties or guarantees about the website, the products, and/or services described. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND THE MERCHANTS WHO ADVERTISE WITH US DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES THAT THE WEBSITE AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY OR FIT FOR A PARTICULAR PURPOSE OR NEED, ARE ERROR-FREE, RELIABLE, OR AVAILABLE AT ALL TIMES. WE IN NO WAY GUARANTEE THAT WE WILL MEET YOUR REQUIREMENTS. WE MAKE NO GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, (A) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS; (B) INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE SERVICES; (C) THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (D) DAMAGES AS A RESULT OF THE USE OR INABILITY TO USE THE SERVICES, INCLUDING THE UNAVAILABILITY OF THE SERVICES, OR CIRCUMSTANCES OVER WHICH WE HAVE NO CONTROL.

 

Limitations of Liability. 

WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE IN ANY WAY. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, DAMAGE TO ANY OTHER EQUIPMENT, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE DISPUTES OR CLAIMS WITH US IS TO STOP USE OF THE WEBSITE. NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE. THIS PARAGRAPH DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER THE LAW.

 

In connection with this release, you expressly waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

 

Affiliate Links.

Our website may contain links to third-party websites for services or products which we receive a commission or other form of payment or benefit if you make a purchase using our link. BREATHE FITNESS makes no representation, assurance, or guarantee regarding third-party products and services, and we will have no liability for your choice to purchase any product or service using any affiliate link on our website. 

 

Links to Other Sites.

We may have links to third-party websites that are not owned, controlled, or operated by us. We do not assume any responsibility for the content, privacy policies, or practices of any other websites or their owners. Your choice to access a third-party link is at your own risk.

 

Testimonials. 

All testimonials on the website are the thoughts and opinions of the person making the statement and do not create any guarantee by us that you will achieve the same results. Testimonials may be given by affiliated parties, so long as they actually received the services or products described. Parties may have received a discount, or some other benefit in exchange for their testimonial.

 

We reserve the right to change this policy at any given time, which will be updated by posting on the website. To keep up to date with the latest changes, we advise you to frequently visit this page.