TERMS AND CONDITIONS
BY VISITING MARIEBODINE.COM, INNERPEACEPORTAL.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
OVERVIEW
The terms “we,” “us,” and “our” refer to Marie Bodine. The term the “Site” refers to mariebodine.com. The terms “purchaser” “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
The terms “Events,” “Online Membership Portal,” “live event,” “online event, “one on one services”, “blog posts,” “interviews,” and “podcast episode” refer to (the “Service”).
Use of mariebodine.com, including all materials presented herein and all online services provided by MARIE BODINE is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them. If you do not agree to the terms presented here, please do not use this website.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to agree to these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service or Services related to Marie Bodine and other information are subject to change. MARIE BOIDNE makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. MARIE BODINE is exempt from all liability, inaccuracy, error, or incompleteness in the Content.
ACCOUNT CREATION
To use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to MARIE BODINE will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your country.
LAWFUL PURPOSES
You may use the Site and Service 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. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person, or entity, at any time without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service. There are no refunds for purchases on this Site for any and/or all products or services. You agree to purchase products and services on the Site at your own risk. If you do not agree, please do not use this website.
ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning product delivery. If there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
CANCELLATIONS, REFUNDS & RETURNS
PRODUCTS AND SERVICES
We continually strive to provide quality products and services in a timely manner. Refunds cannot be given for products or services purchased online. This includes memberships, membership fees, live, in person, or recorded online events. Deposits and payment plans are nonrefundable for products and services on the Site.
PRIVATE SESSIONS AND GROUP PROGRAMS
Deposits are non-refundable for private sessions and group programs. The Purchaser can however receive a 10% refund of the full amount paid to MARIE BODINE if the following conditions are met: (i) Purchaser requests a refund in writing 48 hours to the live event, via e-mail to hello@mariebodine.com. (ii) Refund requests dated after the first day of the live event, shall not be granted and no refunds will be granted at any time or for any reason after the first day of the live event. Failure to present a signed Liability Waiver will result in the inability to participate in any or all online or live events.
Any weapons, animals, illegal substances, and outside alcohol are not permitted at live events and the Purchaser agrees not to bring such. If any such items are found in the Purchaser or user’s possession, they may be confiscated for safety reasons, and the individual(s) may be asked to leave the event grounds. Participants agree not to drink, ingest, or use any substance, legal or illegal, medicinal, or recreational, known or suspected to cause physical and mental impairment prior to or during private or group events. Prior to taking any medicines before the session or event, you will consult with a medical professional about side effects. You agree not to deliberately harm, cause injury, or disrespect other participants and will exercise care and caution to avoid injuring others and yourself. You agree to exhibit appropriate behavior and will not use lewd and inappropriate language and gestures. You acknowledge you may be asked to leave the session or event if you do not comply to the above conduct guidelines. You agree to pay for any damage caused by your negligence or failure to abide by rules and instructions of this agreement.
We do our best to always produce sessions and events which include the designed and advertised components however please know that sometimes there are circumstances out of our control that we cannot fulfill this such as: damaged or broken equipment, maintenance, safety, weather etc. We always work to deliver all sessions and events but just like any campground, water park, airline, etc., there can be issues that we just cannot solve in time to deliver to our valued clients.
PRODUCT DESCRIPTION
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
Breathing exercises may not be for you if you have the following conditions:
Cardiovascular problems
High or abnormal blood pressure
History of aneurysms
Epilepsy or history of seizures
Anyone on heavy medication
Severe psychiatric symptoms, particularly psychosis or paranoia
Bipolar depression
Osteoporosis
Recent surgery
Glaucoma
Pregnancy
An active addiction
Any person with mental illness who isn’t in treatment or lacks adequate support
Anyone experiencing an emotional or spiritual crisis
This list is not all inclusive and recommend if you have a question about a condition, you may have that is not listed, that you consult a physician before using this Site. If you have or have had any of the listed conditions, we strongly recommend you consult a Physician before engaging in any activity described or outlined on this Site. If you do not have medical insurance or activity insurance, we suggest you acquire insurance before attending events or sessions.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post, or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to MARIE BODINE. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to MARIE BODINE remains yours to the extent that you have any legal claims therein. You agree to hold MARIE BODINE harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by MARIE BODINE, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
CHANGED TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions. If you do not agree, please do not use this Site.
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, MARIE BOIDNE 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 MARIE BOIDNE HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE PROVINCES OR STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL MARIE BODINE’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM MARIE BOIDNE, AND IF NO PURCHASE HAS BEEN MADE BY YOU MARIE BODINE’S CUMULATIVE
LIABILITY TO YOU SHALL NOT EXCEED $50.
THIRD PARTY RESOURCES
The Site and the Service 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 MARIE BODINE. 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 us harmless from and against 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.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and MARIE BOIDNE pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by MARIE BOIDNE shall be deemed, or shall constitute a waiver of any other provision, whether similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by MARIE BOIDNE.
NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and sent via email to:
Hello@mariebodine.com
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with and governed by the laws of the Province of Ontario as applied to contracts that are executed and performed entirely in Ontario. The exclusive venue for any arbitration or court proceedings based on or arising out of this Agreement shall be Toronto, Ontario. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation. 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.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or a court of competent authority 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.
ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Updated: July 2022