Terms of service

By signing up for the The Healing Couple LLC service program or any of the services of The Healing Couple LLC you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time. The Healing Couple LLC reserves the right to update and change the Terms of Service by posting updates and changes to the The Healing Couple LLC website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement, The Healing Couple LLC Privacy Policy, and, if applicable, Data Processing Addendum (“DPA”), before you may become a The Healing Couple LLC user. Please read the “Terms of Service” for the complete picture of your legal requirements. By using The Healing Couple LLC’s course or any of The Healing Couple LLC services, you are agreeing to these terms. Be sure to occasionally check back for updates.

1. Account Terms

  1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
  2. You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
  3. You acknowledge that The Healing Couple LLC will use the email address you provide as the primary method for communication.
  4. You are responsible for keeping your password secure. The Healing Couple LLC cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
  5. You are responsible for all activity and content such as videos, files, data, graphics, photos and links that is uploaded under your The Healing Couple LLC account (“Course Content”). You must not transmit any worms or viruses or any code of a destructive nature.
  6. A breach or violation of any term in the Terms of Service as determined in the sole discretion of The Healing Couple LLC will result in an immediate termination of your service. 

2. Account Activation

  1. Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
  2. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

3. General Conditions & Limited Liability

Except as expressly provided in this agreement, The Healing Couple LLC makes no guarantees or warranties, expressed or implied. In no event will The Healing Couple LLC be liable to the purchaser for consequential or special damages by the purchaser or The Healing Couple LLC. 

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy before you may become a member of The Healing Couple LLC’s courses or content.

  1. Technical support is only provided to paying account holders and is only available via email.
  2. You may not use the The Healing Couple LLC service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Canada and the Province of Ontario.
  3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by The Healing Couple LLC.
  4. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use The Healing Couple LLC or The Healing Couple LLC trademarks and/or variations and misspellings thereof
  5. Questions about the Terms of Service should be sent to [email protected]. 
  6. You understand that your Course Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
  7. You acknowledge and agree that your use of the Service, including information transmitted to or stored by The Healing Couple LLC, is governed by its privacy policy. 
  8. Unless you are on a paid plan with no transaction fees or have written consent from The Healing Couple LLC, you agree not to charge people to access your courses other than by collecting payments on the The Healing Couple LLC Service. Any attempt to bypass the The Healing Couple LLC payment system to avoid transaction fees may result in the suspension or cancellation of your account. If you would like to avoid transaction fees please contact us.

4. The Healing Couple LLC’s Rights

  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. We may, but have no obligation to, remove Course Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any The Healing Couple LLC customer, The Healing Couple LLC employee, member, or officer will result in immediate account termination.
  5. The Healing Couple LLC does not pre-screen Course Content and it is in their sole discretion to refuse or remove any Course Content that is available via the Service.
  6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that The Healing Couple LLC employees and contractors may also be The Healing Couple LLC customers/instructors and that they may compete with you, although they may not use your confidential information in doing so.
  7. In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
  8. The Healing Couple LLC retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, The Healing Couple LLC reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.

5. Limitation of Liability

  1. You expressly understand and agree that The Healing Couple LLC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
  2. In no event shall The Healing Couple LLC or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, The Healing Couple LLC partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  3. Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
  4. The Healing Couple LLC does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
  5. The Healing Couple LLC does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
  6. The Healing Couple LLC does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
  7. In no event will Service Provider’s aggregate liability for all claims of any kind, including any claims arising out of or related to this agreement, whether by statute, contract, tort, or under any other theory of liability, exceed the fees paid by you for the The Healing Couple LLC Service hereunder during the one (1) month period immediately preceding the date on which the cause of action arose.

6. Waiver and Complete Agreement

BREATHWORK WITH THE HEALING COUPLE LLC

CORY OSTROOT & JESSICA WAALA

Breathwork Release of Liability, Waiver and Assumption of Risk Agreement 


In consideration of being permitted to participate in any way in Breathwork, as well as any related events or activities with The Healing Couple (hereinafter collectively “the Activities”) I, the undersigned, hereby acknowledge, understand and expressly agree as to the following: 

  1. I do not have, or have had in the past, any of the following conditions: cardiovascular disease, high blood pressure, glaucoma, retinal detachment, osteoporosis, recent physical injuries or surgeries, mental illness, seizure disorders, pregnant. If I do have any of the preceding conditions, I warrant that my primary care physician has released me to participate in breathwork.

  2. On behalf of myself, my spouse, my minor children, wards, relatives or other persons under my care, my parents, next of kin, my heirs, assigns, agents, personal representatives and estate, I hereby release, indemnify, and hold harmless the Healing Couple LLC and their employees, agents, representatives, team members, as well as its owners, principals, employees, agents and representatives, with respect to any and all claims I now have or may have in the future resulting from injury, whether physical, mental, psychological or emotional, or any loss or damage to person or property, of any kind, whether arising from the negligence of The Healing Couple LLC to the fullest extent permitted by law. 

  3. I understand that there exists a risk of physical, mental, psychological or emotional injury, or although very rare, death, from the Activities, and although compliance with the guidance of The Healing Couple LLC may reduce this risk, the risk of such injury nevertheless does exist. 

  4. I fully acknowledge that I am voluntarily participating in the Activities with knowledge of the danger involved, and I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of The Healing Couple LLC or others.

  5. I agree to comply with the stated and customary guidance and norms of participation in the Activities. If, however, I observe any unusual hazard during my presence or participation, I will immediately remove myself from participation in the Activities and bring such to the attention of the nearest official forthwith. 

  6. I understand and acknowledge that The Healing Couple LLC are not acting in the capacity of physicians, psychologists, or healthcare professionals, and the Activities being offered are NOT intended to treat or diagnose, and does not include treatment for or diagnosis of, any illnesses, disease or disorders, whether physical, mental, psychological or emotional. 

  7. I represent and certify that I am in good health physically, mentally, psychologically and emotionally, and fully understand and acknowledge that if I were not in such good health, I would not be permitted to partake in the Activities. As such, my representation and certification that I am in good health in each of the above-enumerated ways constitutes a material term upon which The Healing Couple LLC is relying in permitting me to partake in the Activities.

  8. Although this Agreement fully and completely releases The Healing Couple LLC from any and all liability of any kind and of any nature in any way connected to, arising from, or relating to the Activities at issue, I further acknowledge and agree that to the extent that I violate the plain terms of this Agreement by filing a claim, suit or other action against any of the The Healing Couple LLC, any such claim, suit or other action shall be filed solely and exclusively before the American Arbitration Association, as governed by the Commercial Rules of Arbitration, with the initiating party bearing the fees and costs associated with arbitration, and with the prevailing party entitled to recover reasonable attorneys’ fees and costs associated with the arbitration. Any legal or equitable claim that may arise from participation in the above shall be resolved under California law. 

  9. By checking the box to this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that myself or my child(ren) may be exposed to or infected by COVID-19 by participating in breathwork with The Healing Couple LLC and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 during the Activities may result from the actions, omissions, or negligence of myself and others, including, but not limited to, employees, agents, independent contractors, affiliates, successors and assigns


ENFORCEABILITY

To the extent that any portion, clause or aspect of this agreement is found to be invalid, void or unenforceable, all other portions, clauses or aspects of this agreement shall remain in full force and effect. 

7. Intellectual Property and Customer Content

1. The Healing Couple LLC retains all ownership rights to the materials provided to the purchaser, this includes videos, audio, electronic material, pdfs, worksheets, handouts, text/language through the purchasers participation in the course and indefinitely afterwards. 

2. The copyrighted and original materials shall be provided to the purchaser for individual use only and with a single-user license. 

3. The purchaser is not authorized to share, copy, or otherwise disseminate any materials received from The Healing Couple LLC’s course electronically or otherwise without their prior written consent. 

4. All intellectual property including the copyrighted course materials, shall remain the sole property of The Healing Couple LLC and no license to sell or distribute the materials is granted or implied. 

5. The purchaser agrees no to reproduce, duplicate, copy, sell, trade, or resell or exploit for any commercial or personal purpose, any portion of the program, including any of the course materials. 

8. Cancellation and Termination

1. Either party may terminate this agreement within 72 hour written notice to the other. Email communication by the purchaser to [email protected] is permissible and sufficient. 

2. Please note that The Healing Couple LLC reserves the right to terminate this agreement if the purchaser misses 1 payment. 

3. All terms of this agreement, including all investment, refund policy, and intellectual property terms, still apply even after termination by either The Healing Couple LLC or the purchaser. 

9. Refund Policy

Purchaser satisfaction is a high priority to The Healing Couple. If for some reason the purchaser is not satisfied and wishes to stop the course, they may at anytime, but because The Healing Couple has invested considerable time and effort into the program, there will be no refund under any circumstances and all future payments will still apply if the purchaser is paying in installments. 

10. Missed Payment

In the event that there is a problem with the payment transaction method, the purchaser will be notified by e-mail and then have 72 hour grace period to make the payment, whether paying in full or by installment, otherwise the course will be put on hold. 

11. Non-Disparagement

In the event of a dispute between the purchaser and The Healing Couple LLC, the purchaser agrees to not engage in any conduct or communications, public or private, designed to disparage the course or The Healing Couple LLC. Where requested by law or arbitration, the purchaser is not prohibited from sharing his or her thoughts and opinions as a part of the legal process in public or private. 

12. Digital Millennium Copyright Act

12.1 General Policy
Thinkific has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). It is The Healing Couple LLC policy to (a) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of its affiliates, content providers, or users; and (b) remove and discontinue service to repeat offenders.

12.2 Procedure for Reporting Copyright Infringement
If you believe that Content residing on or accessible through the The Healing Couple LLC web site or Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  2. Identification of works or materials being infringed;
  3. Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that The Healing Couple LLC is capable of finding and verifying its existence;
  4. Contact information about the notifier including address, telephone number and, if available, e-mail address;
  5. A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
  6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

12.3 Once Proper Bona Fide Infringement Notification is Received by The Healing Couple LLC Support Team
It is The Healing Couple LLC policy to notify the Content provider or user that an infringement notification has been received and that the Content will be removed at the end of 24 hours unless a counter-notice is supplied to The Healing Couple LLC. If no legitimate counter-notice is supplied, the infringing content will be removed from the system.

12.4 Procedure to Supply a Counter-Notice to The Healing Couple LLC
If the Content provider, or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the Content provider or user must send a counter-notice containing the following information to The Healing Couple LLC Support Team listed below:

  1. A physical or electronic signature of the Content provider or user;
  2. Identification of the Content that is claimed to be infringing
  3. A statement that the Content provider or user has a good faith belief that the infringement notification was received as a result of mistake or a misidentification of the Content; and
  4. Content provider’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider’s or user’s address is located, or if the Content provider’s or user’s address is located outside the United States, for any judicial district in which The Healing Couple LLC is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.


If a counter-notice is received by The Healing Couple LLC Support Team, The Healing Couple LLC will restore access to the Content and notify the original complaining party. The Content will then remain published unless the copyright owner files an action seeking a court order against the Content provider or user.

12.5 Designated Agent to Receive Notification of Claimed Infringement
Please contact The Healing Couple LLC Support Team to Receive Notification of Claimed Infringement at the following address:
Name – The Healing Couple LLC
Email – [email protected]
Telephone – 619-738-4697

13. Which means

The Healing Couple LLC respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification.

For everyone else this means:

If you believe one of our customers is infringing your intellectual property rights, you can send The Healing Couple LLC a DMCA Notice. We will expeditiously disable access or remove the content and notify the customer. Be advised that we