Terms of Service

Who is Catalyst Breathworks?

Nikki Clifton 40 Granite St. Ste. 8, Ashland OR 97520 Cell: (541) 398-7414 E-mail: nikki@catalystbreathworks.com.

Lawful Purpose

You may use the Site and Services for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site.

Refusal of Service

The Services are offered subject to our acceptance of your order or registration. We reserve the right to refuse services to any order, person or entity, without the obligation to assign reason for doing so. No order or registration is deemed accepted by us until payment has been processed and participation accepted. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

Order Confirmation

We will email you to confirm your order or registration and with details concerning your service. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

By purchasing any of our services, you agree with the following:

Cancellations and Refunds

Any breathwork session can be canceled up to 24 hours before the session for a full refund. If you purchase a session but do not show up you automatically forfeit the paid fee.

Limitation of Liability

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, CATALYST BREATHWORKS AND ITS SUBSIDIARIES OR AFFILIATES IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF CATALYST BREATHWORKS AND ITS SUBSIDIARIES OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL CATALYST BREATHWORKS AND ITS SUBSIDIARIES OR AFFILIATES’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICES YOU HAVE PURCHASED FROM CATALYST BREATHWORKS AND ITS SUBSIDIARIES OR AFFILIATES, AND IF NO PURCHASE HAS BEEN MADE BY YOU, CATALYST BREATHWORKS AND ITS SUBSIDIARIES OR AFFILIATES’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

Third Party Resources

The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with CATALYST BREATHWORKS and its subsidiaries or affiliates. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Indemnification

You shall indemnify and hold harmless CATALYST BREATHWORKS and its subsidiaries and affiliates from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

Entire Agreement; Waiver

This Agreement constitutes the entire agreement between you and CATALYST BREATHWORKS and its subsidiaries or affiliates pertaining to the Site and Services and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by CATALYST BREATHWORKS and its subsidiaries or affiliates shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by CATALYST BREATHWORKS and its subsidiaries or affiliates.

Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

40 Granite St. Ste. 8, Ashland OR 97520

Governing Law, Venue, Mediation

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Severability

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Oregon as applied to contracts that are executed and performed entirely in California. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Ashland, Oregon. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.