Terms and Conditions
By using this website https://www.simonspire.com (“Website”), You are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions (Terms), Privacy Policy and any disclaimer notice and any or all Agreements on this Website:
“Customer”, “You”, “User” and “Your” refers to you, the person accessing this Website and exploiting Our Services/Products and therefore accepting the Company’s terms and conditions and;
“User Account” or “Account” shall mean the online account maintained by the User at the Website to avail of the Services;
the “Company”, “Our”, “We” and “Us”, refers to Our Company, Emergent Inquiry, LLC, its owners, directors, and agents;
“Party” or “Parties” refers to both the Customer/User and Ourselves, or either the Customer or Ourselves. “Product” refers to a unique product provided by our Company as a result of Our commitment and services (“Services”).
Liberating the Natural Breath
The course Liberating the Natural Breath, offered by Emergent Inquiry, LLC, provides information about natural breathing, chronic breathing tension and non-medical air hunger, and the Alexander Technique. This course is not intended to diagnose or attempt to treat any medical or mental health issues in any way. Rather, it is an educational course about the Alexander Technique; our capacities for awareness, choice, and habit; and how we can learn to recognize the ways we unintentionally interfere with the natural movement of our breath and cultivate our body’s inherent capacity for alignment and coordination. It is an educational course about how self-awareness can be used to reduce habits of interference in the body’s natural ease and coordination. This course and any associated services—including conversations, exchanges, or sessions with the course facilitators—are for informational and educational purposes only and are not a substitute for professional medical or mental health advice, examination, diagnosis, or treatment.
Emergent Inquiry, LLC recommends you consult your physician regarding the applicability of any information to your individual situation and that you seek individual, in-person guidance from a qualified practitioner. When participating in any self-guided course, there is always the risk of misunderstanding or misapplication of information. Therefore, consulting a qualified, in-person practitioner is highly recommended before implementing any of the suggestions offered in this course. By engaging in this educational course, you agree that you do so at your own risk, that you are voluntarily participating, and that you assume all risk of injury or distress to yourself.
By participating in Liberating the Natural Breath (LNB), you represent that you understand and agree that We are not acting as healthcare providers and are not providing you with medical or psychological diagnosis or care; that this online course is an educational program designed to provide information that may potentially be helpful in furthering one’s understanding of breathing tension; that you understand that LNB is not intended as a substitute for medical or psychological care or treatment; that you understand that LNB is designed as an educational support only in addition to any existing medical or psychological care, that you should not cease any such medical or psychological care, except after discussion with and recommendation by your healthcare providers, and that it is your responsibility to ensure that your medical and psychological health receive the care they require; that you understand that this course utilizes understandings related to the Alexander Technique and psychological well-being to make potentially helpful information pertaining to breathing tension available to participants, but that it does not constitute instruction in the Alexander Technique itself, which properly requires in-person and hands-on instruction, and that it does not constitute psychotherapy in any form; that you understand that you are hereby encouraged to seek professional medical advice for any symptoms you suspect of being related to medical conditions and professional psychotherapeutic care for any symptoms you suspect of being related to mental health or psychological conditions; that you understand that all experiential exercises outlined in the course are designed to be gentle explorations of your breathing mechanism and are provided with the clear instruction to engage with them with care and without force, and that due to the remote and self-guided nature of the course and the attendant limitations on interaction with the facilitators, it is your sole responsibility to maintain your comfort and well-being; and that you understand that any desired changes in your experience of breathing tension as a result of the implementation of any course information cannot be guaranteed and that any results sought through the utilization of course information will depend on many factors, including your physical and mental state, your understanding of the information presented, and the manner of and amount of time applied to the implementation of course information.
Finally, You hereby voluntarily, and on behalf of your heirs and assigns, do voluntarily release and agree to indemnify and hold harmless Us, Emergent Inquiry, LLC, Simon Spire, and Amira Glaser, their agents, employees, heirs, and assigns, and any and all other persons, firms, or corporations from any and all claims, demands, or causes of action, whether arising in law or in equity which are in any way connected with your participation in this course, including any such claims which allege negligent acts or omissions of the facilitators.
By executing these Terms or by using this website, you represent that You are of the legal age of majority and otherwise have legal authority to enter into these Terms or, if you lack legal capacity (for example if you are a minor), that you have obtained consent of your parent or legal guardian for you to do so and that both You and your parent and/or guardian have read and accept all Terms contained herein.
All rights not expressly granted to You under these Terms are reserved to the Company.
SERVICES/PRODUCT(S)
The Website allows You to purchase an online-course (Product) for a fee. We may at Our sole discretion engage third party service providers from time to time to provide certain Services. Each such purchase is intended to be used only by one person, unless specified otherwise under Product’s details. You are not allowed to share Your purchase and/or provide access to such purchase to a third party.
Please acknowledge that the Products we provide You with for a fee paid through Our Website constitute Our intellectual property and may not be exploited in any way prohibited by these Terms.
LICENSE
Subject to these Terms and Our policies, We grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use Our Services/Products. You may use Our Product(s) only for Your personal, non-commercial use, unless You obtain Our written permission to otherwise use the Product(s). You also agree that You will access, and/or use only one User Account, unless expressly permitted by Us, and You will not share access to Your User Account or access information for Your Account with any third party. Using our Services/Product(s) does not give you the ownership of or any intellectual property rights in Our Services or the Product(s) you access for a fee paid through Our Website.
PRIVACY
We are committed to protecting Your privacy. We will only use information collected from individual Customers particularly email addresses to facilitate and deliver orders as part of Our commitment to provide the Services Our Customers have paid. Moreover, as We endeavor to provide You better products/services We will also be using Your emails to promote Our other products/services. You can opt out anytime by pressing the unsubscribe button that can be found in every email We send. We will constantly review Our systems and data to ensure the best possible service to Our Customers.
However, you acknowledge that if you elect to participate in the voluntary monthly Office Hours, which consists of online group discussions with Us and other Customers, that we cannot and do not guarantee or warrant that any information that you provide voluntarily in that setting will remain private and confidential and by participation in Office Hours you hereby acknowledge and accept the same.
SUPPORT
We will provide Customer support services to Our registered Users via electronic mail. If You experience any difficulties using Our Product please notify us using the following email: liberatingbreath@gmail.com with a subject line “Support”.
However, We will not be liable or in any way responsible for Your own technical issues, internet speed and other related to Your access/device/location matters and We reserve the right to solely determine whether such difficulty exists on Our side.
DISCLAIMER
The information on this Website is provided on an “AS IS” basis. To the fullest extent permitted by law, this Company: (i) excludes all representations and warranties relating to this Website and its content or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this Website and/or the Company’s Products; (ii) excludes all liability for damages arising out of or in connection with Your use of this Website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal Product of things or You have advised this Company of the possibility of such potential loss), damage caused to Your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE PRODUCT(S) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE PRODUCTS WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR- FREE, (C) THAT DEFECTS ON THE PRODUCTS WILL BE CORRECTED. YOU ASSUME ALL RISK OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY, SUSTAINED FROM USE OF THE PRODUCT(S).
FEES
Purchasing a Product:
We offer paid Product(s) for a fee. You are responsible for paying all fees charged by Us and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Product(s). When you make a purchase, you agree not to use an invalid or unauthorized payment method. We reserve the right to disable access to any Product for which we have not received adequate payment.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are solely responsible for any sales, value-added, withholding or similar taxes that apply to Your purchase, whether domestic or foreign.
You can purchase Our Product(s) via credit card or PayPal:
If You choose to pay by credit card You authorize Us to charge Your credit card or bank account for an amount of Product’s applicable fee. If You choose to proceed with a purchase via PayPal, You further authorize Us to use a third party to process payments.
By purchasing any Product through Our Website, You hereby consent and agree to abide by such third-party Internet payment service providers’ customer terms and conditions, and privacy policies, and understand that we have no control whatsoever on such customer terms and conditions, and privacy policies. IF You DO NOT AGREE to such third-party Internet payment service providers’ customer terms and conditions or privacy policies, DO NOT PURCHASE ANY PRODUCT. This is Your sole responsibility to find, read and understand any third party policies.
REFUND POLICY
Refunds may be available (at Our sole discretion) for paid Services as described in Our Refund Policy below:
If the Product You purchased is not what You were expecting, You can request, within 7 days of your purchase of the Product, that We will refund to Your original payment method. Due to the informational and downloadable nature of much of the course content, the transaction fees charged to us by PayPal and Stripe, and the availability of information on the course website describing the course before your purchase of it, any refunds will incur a $15 (USD) processing fee; that is, you will be refunded the amount you paid minus $15. We will not provide any refund if You request it after the 7-day guarantee time limit has passed.
In order to request a refund, please email liberatingbreath@gmail.com with a subject line “Refund Request”.
If We believe You are abusing Our refund policy, such as if You’ve consumed a significant portion of a Product that You want to refund or if you’ve previously refunded a Product, we reserve the right at Our discretion, to deny such refund, disable Your User Account and/or restrict all future use of the Services/ Product(s). If We disable Your User Account or disable Your access to Our Product due to Your violation of these Terms or other Our policies, You will not be eligible to receive a refund.
CUSTOMER RESTRICTIONS
As a Customer, You agree not to:
Circumvent, disable, or otherwise interfere with security-related features of the Website;
Disparage, tarnish, or otherwise harm, in Our opinion, Website, Company, and/or the Service;
Use the Product in a manner inconsistent with any applicable laws or regulations;
Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service;
You will not share access to Our Product with a third party (unless otherwise permitted by us separately in writing); will not lease, sell, grant or otherwise exploit Our Product(s) in a way prohibited by these Terms.
Attempt to bypass any measures of the Website designed to prevent or restrict access to the Service, or any portion of the Website.
USER CONTENT AND CONDUCT
In case Our Services enable You to share your content ("User Content"), You retain all intellectual property rights in, and are responsible for, the User Content You create and share. However, by submitting User Content you grant other Users and Company the right to share Your User Content via any social media platform.
As a user of the Site, you agree not to post any Prohibited Content:
1. Profane language or content;
2. Content that promotes, fosters, or perpetuates discrimination on the basis of race, religion, gender, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, gender identity, source of income or other protected status under applicable law;
3. Inappropriate sexual content or links to inappropriate sexual content, nudity or obscene;
4. Conduct or encouragement of illegal activity;
5. Private and confidential information;
6. Content that violates a legal ownership interest of any other party.
INTELLECTUAL PROPERTY OF OUR COMPANY
Unless otherwise indicated, this Website is Our proprietary property and all source code, databases, functionality, software, Website designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Us or licensed to Us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws in various jurisdictions including EU and US, international copyright laws, and international conventions.
TERM AND TERMINATION
The Company may terminate your access to all or any part of the Website, Services and/or Product(s) at any time, with or without cause, with or without notice, effective immediately. The Company may change or discontinue any and all components of the Website, Services, and/or Product(s) at any time, with or without cause, with or without notice, effective immediately.
You can stop using our Services at any time. You may delete your User Account by Website features or notifying Us at liberatingbreath@gmail.com When you decide to delete Your User Account, We will delete Your data, although this may not take place immediately.
INDEMNITY
You agree to indemnify, defend and hold harmless Company and its affiliates, and their respective licensors and Service Providers, and all officers, directors, owners, agents, or licensors of any of the foregoing (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities and costs, including reasonable Attorney’ fees, sustained by any of the Indemnified Parties in connection with any claim arising out of Your use of Our Website or Product(s), or any breach by You of these Terms. Under no circumstances shall We be liable for any amount exceeding the fee paid by You for the Services/Product(s) ordered.
CHANGES TO THESE TERMS
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by Us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes, which measures may include, via a banner on the website, email notification, another method, or combination of methods. In all cases, your continued use of the Services/Products after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
SEVERABILITY
If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have in accordance with these Terms or granted by law.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are governed by the laws of the State of North Carolina, United States. The parties submit to the jurisdiction of the Superior Court of Orange County, North Carolina, United States, and hereby agree that any such disputes will be governed by the substantive laws of the State of North Carolina, regardless of conflicts of law rules.
ENTIRE AGREEMENT
The Terms constitute the sole and entire agreement between You and Us regarding this Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services/Product(s)/Website.
CONTACTING US
For questions or clarifications regarding Our Terms and/or any other matters related to Our Services/Products, please contact Us at liberatingbreath@gmail.com