Acceptance of the Terms of Use 

These terms of use are entered into by and between You and Rhythmia Breath/ Sherezade Ruano (“Company,” “we,” or “us”). The following terms and conditions, (“Terms of Use”), govern your access to and use of, including any content, functionality, and services offered on or through www.rhythmiabreath.com and www.rhythmiabreath.thinkific.com (the “Websites”), whether as a guest or a registered user. 


Please read the Terms of Use carefully before you start to use the Websites. By using the Websites or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not agree to these terms, do not use this Site. 


By agreeing to these Terms & Conditions, you represent that you are at least 18 years of age or have the consent of a parent or guardian, if you are under 18 years of age. However, under no circumstance may a child under the age of 16 use our website.


Changes to the Terms of Use 

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website. 

Your continued use of the Websites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time, so you are aware of any changes, as they are binding on you. 


Use of Site 

The Company provides various materials, information, quizzes, tests, questions, articles, news and other information on this and related sites and in courses offered through this site (the “Materials”). The Company authorizes each User to view and download one copy of the Materials. Materials may be downloaded and a maximum of one copy of the Materials may be printed provided, that Users make no modifications to the Materials and you retain all proprietary notices contained in the original Materials on any copies of the Materials. 


Accessing the Website and Account Security 

The description of the Online Course on the Website will set out details of the contents of the available Online Courses. 

Except as set out in the description of the Online Course on the Website and/or in any relevant Brochure, no additional Course Materials and/or tuition (either online, face to face or classroom) will be provided by The Company. 

Upon receipt of an order confirmation email from The Company you will be notified of when you will have access to the Online Course and for the length of time such access will be made available to you, unless any such Online Course is removed. 

The receipt of an Online Course is personal to you and, unless otherwise agreed by The Company, you may not share or transfer your rights to access the Online Course or provide an Online Course to any other person. 

We reserve the right to withdraw or amend the Websites, and any service or material we provide on the Websites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Websites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or the entire Websites, to users, including registered users. 

You are responsible for both: 

  • Making all arrangements necessary for you to have access to the Websites. 

  • Ensuring that all persons who access the Websites through your internet connection are aware of these Terms of Use and comply with them. 

To access the Websites or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Websites that all the information you provide on the Websites is correct, current, and complete. You agree that all information you provide to register with the Websites or otherwise, including, but not limited to, through the use of any interactive features on the Websites, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. 


If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Websites or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. 

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. 


User Warranty 

As a User you warrant that you are not an agent or employee of any other medical education or related company and the Site and Materials solely for the purpose of increasing improving your personal wellbeing. 

Rhythmia Breath expects you to take reasonable care to verify that the Online Course and Course Materials in question will meet your needs. Rhythmia Breath does not make any commitment to you that you will obtain any particular result from your use of the Online Course or Course Materials or that you will obtain any particular qualification on completion of the Online Course (unless otherwise stated on the Website and/or in any relevant Brochure). 

Rhythmia Breath does not make any representation, guarantee or commitment to you that the Online Course or Course Materials will be error free. 

Rhythmia Breath does not make any commitment that the Online Course or Course Materials will be compatible with or operate with your software or hardware. 

All representations, warranties and/or terms and/or commitments not expressly set out in the Online Terms (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible at law. 


No Warranty 

The Materials provided at this site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Rhythmia Breath further does not warrant the accuracy and completeness of the Materials at this Site. Rhythmia Breath may make changes to the Materials at this Site, or to the services and prices described in them, at any time without notice. The Materials at this Site may be out of date, and Rhythmia Breath makes no commitment to update the Materials at this Site. 


Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents. 

The Websites may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. 

 

Intellectual Property Rights 

The Websites and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material. 

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows: 

  • You may download and save a copy of the techniques and tutorials for your own personal use. 

You must not: 

  • Modify copies of any materials from the Websites. 

  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text. 

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. 

You must not access or use for any commercial purposes any part of the Websites or any services or materials available through the Website. 

If you wish to make any use of material on the Websites other than that set out in this section, please address your request to: [email protected]. 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Websites in breach of the Terms of Use, your right to use the Websites will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Websites or any content on the Websites is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. 


Trademarks 

The Company name, Company trademarks, Company logos, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Websites are the trademarks of their respective owners. ‌                                                                                                                                       

Prohibited Uses 

You may use the Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Websites: 

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the UK or other countries). 

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. 

  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation. 

  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity associated with any of the foregoing. 

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, or which, as determined by us, may harm the Company or users of the Websites, or expose them to liability. 

Additionally, you agree not to: 

  • Use the Websites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Websites, including their ability to engage in real time activities through the Websites. 

  • Use any robot, spider, or other automatic device, process, or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites. 

  • Use any manual process to monitor or copy any of the material on the Websites, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent. 

  • Use any device, software, or routine that interferes with the proper working of the Websites. 

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. 

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Websites, the server on which the Website is stored, or any server, computer, or database connected to the Website. 

  • Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack. 

  • Otherwise attempt to interfere with the proper working of the Websites. 


Monitoring and Enforcement; Termination 

We have the right to: 

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. 

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Websites. 

  • Terminate or suspend your access to all or part of the Websites for any or no reason, including without limitation, any violation of these Terms of Use. 

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Websites. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES. 

However, we cannot/do not undertake to review material before it is posted on the Websites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 


Copyright Infringement 

If you believe that any User Contributions violate your copyright, for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers. 




Changes to the Website 

We may update the content on the Websites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material. 

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Information About You and Your Visits to the Website 

All information we collect on the Websites is subject to our Privacy Policy. By using the Websites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

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Online Purchases, Refunds, and Cancellation 

All purchases through our site or other transactions for membership, the sale of goods, or services, or information formed through the Websites are final. Refunds are not automatically granted. 

Memberships may be canceled at any time; however, membership fees will not be granted. 


Technical Support 

If you are unable to access an Online Course, We will use reasonable endeavours to provide a solution where The Company has direct control over the system, software or settings involved. If the issue lies with your hardware, systems, software or settings thereof, We may, in its discretion, provide assistance to you to help you resolve the issue but we cannot guarantee that any assistance provided will resolve your issue.  

You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to the Website and that technical assistance may not be available during such periods of downtime.  Further you accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability. 

Rhythmia Breath will use reasonable endeavours to make the Online Course available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected.  We reserves the right to suspend access to the Website for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the Website. 

You also accept and acknowledge that We cannot be held responsible for any delay or disruptions to your access to the Online Course as a result of such suspension or any of the following: 

(a)                the operation of the internet and the world wide web, including but not limited to viruses; 

(b)               any firewall restrictions that have been placed on your network or the computer you are using to access the Online Course; 

(c)               failures of telecommunications links and equipment; or 

(d)               updated browser issues. 

 

Links from the Website 

If the Websites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. 


Geographic Restrictions 

The owner of the Website is based in the United Kingdom. We make no claims that the Websites or any of its content is accessible or appropriate outside of the United Kingdom. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Websites from outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws. 


Limitation on Liability 

    The exclusions and limitations of liability contained in the Online Terms do not apply to a party’s liability: (i) for fraud or wilful default; (ii) for death or personal injury caused by its negligence; or (iii) where such limitation or exclusion cannot lawfully be excluded. 

12.2               Except as set out in the Online Terms, Rhythmia Breath shall not be responsible for losses that result from its failure to comply with the Online Terms including, but not limited to, losses that fall into the following categories: 

(a)               indirect or consequential losses; 

(b)                loss of income or revenue; 

(c)                 loss of business; 

(d)                loss of anticipated savings; or 

(e)                loss or corruption of data. 


Rhythmia Breath is not responsible to you for any data that you lose either (a) as a result of accessing the Online Course or the Online Study Materials; or (b) during completion of any Online Course via the Website.  It is your responsibility to ensure that you regularly save and back up (i) all data which you hold on the computer from which you are accessing the Online Course and the Online Study Materials; and (ii) all data that you are inputting when completing the Online Course. 

Save as otherwise set out in this section “Limitation of liability”, Rhythmia Breath’s maximum aggregate liability to you for any claims that you may have against Rhythmia Breath for direct loss in contract, tort or otherwise arising out of or in connection with the Online Terms, the Online Course, your use of the Course Materials and any technical support shall be limited to the amount of the Course Fee which has been paid, or is payable, by you. 

Rhythmia Breath will not be held responsible for any delay or failure to comply with its obligations under the Online Terms if the delay or failure arises from any cause which is beyond Rhythmia Breath’s reasonable control.  This condition does not affect your statutory rights. 


 Each provision in this Clause shall be construed separately as between you and Rhythmia Breath. If any part is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted such provision shall apply but with such modification as may be necessary to make it valid and effective. 

 

Indemnification 

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website. 


Jurisdiction 

The Online Terms, and any other matters arising out of or in relation to the Online Terms, are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the English courts to settle any disputes which may arise out of or in connection with the Online Terms. 

 

Disclaimer 

The Online Courses are for educational purposes only.  The Company will not accept any responsibility to any party for the use of the Online Course or Course Materials for any purpose other than training for educational purposes, including but not limited to, the giving of advice by you to any third party. 


Waiver and Severability 

 No failure or delay by Rhythmia Breath in exercising any right or remedy under the Online Terms shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy.  Any waiver must be agreed by Rhythmia Breath in writing. 

If any of the Online Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of the Online Terms shall remain in full force and effect. 

 

Entire Agreement 

The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. 


Your Comments and Concerns 

This website is operated by Rhythmia Breath/ Sherezade Ruano. All notices of copyright infringement claims, other feedback, comments, requests for technical support, and other communications relating to the Websites should be directed to: 


Sherezade Ruana at [email protected].