Terms of service.
WEBSITE TERMS OF USE AGREEMENT
WELCOME TO [BREAKTHRUWELLNESSCOACHING.COM], THE OFFICIAL WEBSITE (“SITE”) FOR BREAKTHRU WELLNESS, CO (“COMPANY”). THE FOLLOWING TERMS ALONG WITH THE DISCLAIMER AND PRIVACY POLICY SERVE AS THE AGREEMENT GOVERNING THE VISITOR’S USE OF THIS WEBSITE. THE PARTIES TO THIS AGREEMENT INCLUDE “COMPANY” WHICH WE MAY REFER TO AS “WE” OR “US” AND THE VISITOR TO THE SITE, WHO WE MAY REFER TO AS “YOU.”
BY USING THIS SITE YOU WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER.
PLEASE READ THE FOLLOWING. BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.
USE OF SITE
We hope you enjoy using this website as it is meant to provide you with information about Wellness/Life Coaching. In addition to providing you with information, the other purposes of our website include, allowing you to join our mailing list, sign-up for free gifts, place orders to purchase our products and services, and provide a means for you to contact us. Any other use of this site is prohibited.
You agree not to use any features of this site that permit communications or postings to post, display, or otherwise communicate any of the following:
- any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
- any advertisement, solicitation, or spam;
- any encouragement of illegal activity;
- unauthorized use or disclosure of private, personally identifiable information of others;
- any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so; or
- any false or misleading information.
TERM AND TERMINATION
Without limiting its other remedies, Company may immediately discontinue, suspend, terminate, or block your and any user’s access to this site at any time at Company's sole discretion.
SITE CONTENTS AND OWNERSHIP
Company owns the intellectual property rights of all information on this site including but not limited to the company name, logo, graphics, videos, audios, images, designs, photographs, writings, graphs, data, and other materials. Company’s ownership rights are protected by copyrights, trademarks, trade secrets, or other proprietary rights. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying. You may not copy, display, distribute, modify, reproduce, or transmit this site or portions thereof without prior written consent from Company. Except as provided in this Agreement, the Company does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
INFORMATION YOU PROVIDE TO US
You agree that any information you provide to us through email, comments, or other forms of communication, is done with a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use however we see fit. Please do not provide us with information you do not want us to use.
LINKED WEBSITES
Company may provide links to third party websites (“Linked Sites”). If you choose to click on one of those links, you are leaving Company’s website, and you do so at your own risk. It is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form are not controlled by Company. Company cannot make any representations or warranties about the opinions expressed, nature, content, accuracy, security, completeness, or reliability of the information provided, or regarding the products or services provided on the Linked Sites. Links do not imply that Company sponsors or endorses the Linked Site. Except for links to information authored by Company, Company is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. Please contact the webmasters of any Linked Sites concerning information, goods, and/or services appearing on them.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from Company solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
LIMITATION OF LIABILITIES
YOU AGREE THAT COMPANY AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL COMPANY OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER COMPANY OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of this site must be commenced within one year after the claim or cause of action arises.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Company, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
DISPUTE RESOLUTION
This Agreement is governed by and shall be construed in accordance with the laws of California, USA, without reference to its conflict-of-law provisions. You agree to submit to the personal and exclusive jurisdiction in California, USA for any disputes with Company arising out of your use of this site. You agree that if a dispute arises, parties will attempt to resolve the dispute with mediation in California, USA or an online mediation service that is mutually agreed upon by all parties. The parties agree that their good faith participation in mediation is a condition precedent to pursuing other legal remedies. The successful party to any dispute resolution will be entitled to reasonable costs and fees incurred in resolving or settling the dispute, in addition to any other relief to which the party may be entitled.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between Company and you with respect to this website. This Agreement supersedes and cancels all prior or contemporaneous discussions, writings, negotiations, and agreements whether electronic, oral, or written between you and Company with respect to this website.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
SEVERABILITY
If any term in this Agreement is found to be void or voidable, the remaining terms of the Agreement are unaffected, and deemed to remain in full force and effect, including those terms that are similar.
NO WAIVER
Company’s failure to enforce its rights under this Agreement or take action against any party for breach of this Agreement does not constitute a waiver of such rights, or of future subsequent enforcement of such rights.
MODIFICATIONS TO AGREEMENT
Company may revise this Agreement at any time. Your continued use of this site, our products and services serve as an agreement that you agree to be bound by the revised Agreement. Company’s modifications will become effective on the date they are first posted to this site. Company does not have any obligation to notify you of changes to this Agreement. It is your responsibility to review the terms to apprise yourself of modifications.
ASSIGNMENT OF RIGHTS
Your rights under this Agreement are not assignable.
CONTACT: Should you have questions regarding this Terms of Use Agreement, please contact breakthruwellness@gmail.com
Updated: October 2020
Privacy Policy and Disclaimer.
DISCLAIMER
By using this website or any information on it, including but not limited to blogs, videos, audios, social media posts, products, services, you acknowledge that you have read and agree to the terms in this disclaimer. If you do not agree with these terms, DO NOT USE THIS WEBSITE.
ASSUMPTION OF RISK
You expressly agree that the use of this website is done at your own risk. The information published on this website is for informational purposes only. Any reliance you place on such, you do at your own risk. You understand that while great care is taken to provide you with the best information possible, Breakthru Wellness, Co (“the Company”) makes no representations or warranties of any kind, express or implied, about the reliability, accuracy, completeness, security, or currency of the information provided.
INFORMATIONAL PURPOSES ONLY
The information provided on this website is for informational purposes only. In no way is the information provided meant to be a substitute for professional legal or financial advice. If you require legal or financial services, it is your responsibility to seek it out from a licensed attorney or financial services professional.
In no way is the information provided meant to be a substitute for medical or psychological advice. This information does not serve to diagnose, treat, or provide a cure for any condition you may be experiencing. If you require medical or psychological services, it is your responsibility to seek out the attention of a licensed doctor or mental health professional.
NOT PROFESSIONAL MEDICAL SERVICES
Company provides wellness coaching, mindset coaching, and lifestyle coaching. While Company may maintain licenses obtained in the medical field, in the context of this Agreement, the service Company is providing is strictly wellness coaching, mindset coaching, and lifestyle coaching.
COMPANY IS NOT PROVIDING PROFESSIONAL HEALTHCARE SERVICES
Company does not claim to and will not be held responsible for diagnosing, treating, or curing any physical or mental health condition, nor will Company be prescribing any form of medication. Company’s services do not take the place of Client’s team of healthcare professionals. Under no circumstances should Client stop seeing his or her team of healthcare professionals.
If Client decides to take action based on the coaching he or she receives from Company, Client does so at his or her own risk. Client understands and acknowledges that COMPANY IS NOT PROVIDING PROFESSIONAL HEALTHCARE SERVICES. COMPANY IS NOT SERVING AS A PROFESSIONAL HEALTHCARE PROVIDER.
HEALTH DISCLAIMER
The information published on this website regarding health, wellness, and mindset is for informational purposes only. The information may provide real-life examples and/or hypothetical examples of possible outcomes, which are in no way guarantees of what will occur in your specific situation. Health and wellness outcomes depend on many factors including but not limited to your level of personal responsibility, commitment, and abilities, in addition to those factors that you and/or Company may not be able to anticipate. You agree that the Company is not responsible for your success, or lack thereof. Your reliance on any information provided is done at your own risk.
TESTIMONIALS
Any testimonials provided on this website are opinions of those providing them. The information provided in the testimonials is not to be relied upon to predict results in your specific situation. The results you experience will be dependent on many factors including but not limited to your level of personal responsibility, commitment, and abilities, in addition to those factors that you and/or Company may not be able to anticipate.
AFFILIATES
Through Company’s website, Company may promote a product or service based on Company’s affiliate relationship with an individual or business. Company may receive compensation if you purchase the promoted product or service through the Company's link. Company’s promotion of the product or service does not serve as an endorsement and should not be seen as such. If you choose to purchase any affiliate products or services, you do so at your own risk.
NO WARRANTIES
THIS WEBSITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS WEBSITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS WEBSITE OR ANY SERVICES, GOODS, OR OTHER PRODUCTS OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE OR YOUR USE OF THIS WEBSITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
CONTACT: Should you have questions regarding the Disclaimers, please contact breakthruwellness@gmail.com.
Updated: October 2020
PRIVACY POLICY
Breakthru Wellness, Co.
BY VISITING BREAKTHRUWELLNESSCOACHING.COM, YOU ARE CONSENTING TO OUR PRIVACY POLICY.
The privacy of your information is important to us. Through the operation of this website, we will collect information about you. We want you to understand what information is being collected and why. Please find this privacy policy as an explanation. This privacy policy may change from time to time, so please check it often.
1. OVERVIEW
Breakthru Wellness, Co. (“Company”) is committed to protecting your privacy online. This Privacy Policy describes the personal data we collect through this website at breakthruwellness.com (the “Site”) and what we do with it.
Visitors and any users of the site are referred to as “user”, “you” and “your” and the Company is referred to as “we,” “us,” and “our.” Accessing this Site constitutes a use of the Site and an acceptance to our Privacy Policy.
Use of the Site, including all materials presented herein and all online Services provided by Company, is subject to the following Privacy Policy. This Privacy Policy applies to all site visitors, customers and all other users of the Site. By using the Site or Service, you agree to this Privacy Policy, without modification, and acknowledge reading it.
2. DATA WE COLLECT AND HOW WE USE IT
We collect the personal information you voluntarily provide to us, which includes your name and email address, in order to subscribe to our newsletter, receive our content, comment on our blog, and/or purchase services or online products. There is also other personal data we may collect detailed herein.
We collect data from you directly when you fill out a form, purchase a product, or communicate with us via email or social media. We also collect data from you when you use our Website. We may collect personal data from third parties such as our payment processors, advertising networks, and/or analytics providers. Your data is stored in a secure platform. We use your personal data for processing as outlined below or a reasonably compatible purpose.
- Usage Data. We may process data about your use of our Website and services. This may include your IP address, browser type, operating system, geographical location, page views, website navigation paths, and frequency and/or pattern of your use of our website. This data is collected through our analytics tracking systems, including Google Analytics, heat maps, and Facebook pixels. This data is used to analyze the use of our Website, to deliver relevant content and advertising, and understand our users. The legal basis for processing is our legitimate interest, namely monitoring and improving our website, marketing, and services.
- Customer Data. We may process user data, such as name, email address, address, telephone, credit-card number, and other relevant data as related to purchases of our products and/or services. We process this data to supply products and/or services to you, as well as to market other relevant goods and services to you. The legal basis for processing is consent and your affirmative action to enter into such a contract with us and/or the purchase and delivery of the contract between you and us.
- User Data. We may process personal information you provide us for the purpose of subscribing to our email notifications, free content, and/or newsletters, as well as communication data that you send to us either through email, social media, or other posting and/or communication methods. We process this data for the purposes of communicating with you, to deliver relevant website content, and for the purposes of sending you marketing, content and/or emails. The legal basis for this process is consent or our legitimate interests, which is to grow our business and keep records which may be needed to pursue or defend a legal action.
3. LEARNDASH LMS
We collect information about you during the course purchase process (PayPal, Stripe, and/or 2Checkout), as well as information relating to your course progression and quiz performance.
- What we collect and store. When you purchase from us, we’ll ask you to provide an email address. We’ll use this information for purposes, such as, to send you information about your account and order and to create your account for our LMS. We store information about you for as long as your account exists. We store course progress, including completion status, quiz scores, assignments and/or essay submissions (if applicable). We will also store comments on courses, lessons, topics, assignments, and essays if you choose to leave them.
- Who on our team has access. Members of our team have access to the information you provide us. Both Administrators and Group Leaders can access order information such as your enrolled courses, course progress and username/email address.
- What we share with others. We share information with third parties who help us provide our orders and store services to you.
- Payments. We accept payments through Stripe, and Paypal. When processing payments, some of your data will be passed to Stripe, and PayPal, including information required to process or support the payment, such as the purchase total and billing information.
Please see the Stripe Privacy Policy for more details.
4. MARKETING AND ADVERTISING
The above Data may be used to send you marketing communications about our business or products. The legal basis for this type of processing is either consent or our legitimate interests in growing our business. We may send you such communications if you requested it and/or if you agreed to receive such communications. You may opt-out of such communications at any time through the ‘unsubscribe’ button in each email or contacting us at breakthruwellness@gmail.com.
Any of the above Data may be used to deliver advertisements to you, including Facebook Ads, Instagram, and/or other similar advertisements. We may also use such Data to understand the effectiveness of our advertising. The legal basis for this type of processing is our legitimate interest to grow our business through marketing and advertising.
5. SHARING YOUR PERSONAL DATA
We do share your information with trusted third parties who provide support in running this Website including any blog or newsletter, as well as those parties and services that help administer our business. Your data will never be shared with unrelated third parties. We may disclose your information to payment service providers, administrative and marketing providers, business advisors, or third parties if we sell or transfer parts of our Company. Third parties we share your data with will keep it secure and respect your privacy under the law and we take steps to ensure that companies we work with also comply with this standard.
6. ANTI-SPAM POLICY
We comply with Anti-Spam laws. If you opt-in to receive our newsletter, marketing, or other communications, the option to unsubscribe will be included in every email. If we sell or transfer any of our business or assets, certain information about our clients may be a part of that sale or transfer. In the event such sale or transfer results in a material change to this Privacy Policy, we will notify you.
7. COOKIES
We may send cookies, facebook pixels, and/or other tracking signals to your computer in order to uniquely identify your browser and improve the quality of our service and/or advertising. We use cookies to identify when you visit our website, to store information about your preferences, to personalize the website and/or advertisements you may see, and analyze the use and performance of our website.
The term “cookies” refers to small pieces of information that a website sends to your computer’s hard drive while you are viewing the Site. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). You have the ability to accept or decline cookies and tracking signals using your web browser settings. If you choose to disable cookies, some areas of the Website may not work properly or at all. Our Site may not respond to Do Not Track signals sent by your browser.
8. THIRD PARTY LINKS
This Site may contain links to third party websites. Unless otherwise stated, this Privacy Policy only covers information that we collect from you on this Site. Any other link will be covered by the privacy policy of that specific site. You acknowledge and accept that we are not responsible for the privacy policies or practices of third parties.
9. DATA SECURITY AND BREACH RESPONSE
We do our best to protect your information for any unauthorized access, misuse, or disclosure. We may allow access to your personal data to our employees, contractors, and service providers that need to know such data to perform necessary business services. Personal data will be kept confidential and employees and/or contractors will only have access to it when necessary. 1Password will be used to manage data access when possible.
Should there be a potential breach of personal data, we have procedures in place to respond. The breach will be identified, the scope will be determined, and we will make reports and/or notification if we are legally required to do so.
You acknowledge that the personal information you voluntarily share could be accessed or tampered with by a third party. You agree that we are not responsible for any intercepted information shared through our Site without our knowledge or permission. Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner. You agree to notify us for any breach of security or unauthorized use of your information.
10. DATA RETENTION AND DESTRUCTION
Personal data that we process for any purpose shall not be kept for longer than is necessary to fulfil its collection purpose or to satisfy a legal or accounting purpose. In some cases, your data can be anonymized for research purposes and used indefinitely. If your data no longer meets any of the above criteria, personal data will be deleted or otherwise disposed of in a safe and secure manner.
11. INTERNATIONAL TRANSFERS
Your data may be transferred to other countries and by using the Website, you consent to the transfer of information to countries outside your country of residence. If you are located in the European Union, we may store and share your personal data with companies located outside of the European Economic Area. We will always do our best to ensure security of your data. We aim to use US-based providers that are part of the EU-US Privacy Shield. You may always request information on how and where your data is processed and stored.
12. CHILDREN’S ONLINE PRIVACY PROTECTION ACT COMPLIANCE
We do not knowingly collect or solicit data online from or market online to children under the age of 13 in compliance with the Children’s Online Privacy Protection Act (COPPA).
13. CHANGES TO THIS POLICY
You acknowledge and agree that you have reviewed this Privacy Policy and that you will continue to review this Policy to be aware of any modifications. We reserve the right to update or change our Privacy Policy at any time. If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on this Website.
14. YOUR RIGHTS
Your rights under data protection laws include the right to access, erase, correct, restrict, and/or object to our use and processing of your personal data, as well as the right to portability of the data. You have the right to confirmation as to how and where we process your data. To the extent that the legal basis for our processing consent, you have the right to withdraw at any time. If you consider our processing to infringe data protection laws, you have the right to lodge a complaint with a supervisory authority.
15. OUR INFORMATION
This Website is owned and operated by:
BREAKTHRU WELLNESS, CO.
3862 Piedmont Avenue, Oakland, CA 94611, USA.
If you have any questions or concerns regarding this Privacy Policy,
please email breakthruwellness@gmail.com.
Updated: October 2020
Serving the SF Bay Area and beyond
SF Bay Area Based
Providing safe space and allied support to all communities regardless of race, age, gender, ability or sexual orientation and acknowledging the land of the Ohlone people and native tribes of the San Francisco East Bay Region and those who came before them.
