Legal Notice and Privacy Policy
OVERVIEW
This website is operated by Deeper Breathing. Throughout the site, we use the terms "we," "our," and "us." This website, including all information, tools, and services it provides, is offered to you, the user, provided that you accept all the terms, conditions, policies, and notices stated herein.
By visiting our site and/or purchasing anything from our company, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions," "Terms of Use"), including the terms, conditions, and policies mentioned herein and/or accessible through hyperlinks. These Terms of Use apply to all users of the Site, including, but not limited to, individuals who are visitors, suppliers, customers, merchants, and/or content providers.
Please read these Terms of Use carefully before accessing and using our website. By accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not accept all the terms and conditions of this agreement, you may not be able to access the website or use its services. If these Terms of Use are considered an offer, their acceptance is expressly limited to them.
Any new tools or features added to this store are also subject to these Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, modify, or replace any part of these Terms of Use by posting the updates and/or modifications on our website. It is your responsibility to check this page periodically for changes. By continuing to access or use the website after the changes are posted, you accept those changes.
Our store is hosted on Shopify Inc. This company provides us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – TERMS OF USE OF THE ONLINE STORE
By accepting these Terms of Use, you represent that you have reached the age of majority in your region, province, or state and have granted us permission to allow any minor under your care to use this site.
You must not use our products for any unlawful or unauthorized purpose, nor violate any laws in your jurisdiction when using the Service (including, but not limited to, laws regarding copyright).
You must not transmit any worms, viruses, or any destructive code.
Any breach or violation of any of the Terms will result in the immediate termination of your Services.
SECTION 2 – GENERAL TERMS
We reserve the right to refuse service to anyone at any time and for any reason.
You understand that your content (except for your credit card information) may be transferred unencrypted, and that this includes (a) transmissions over various networks; and (b) changes made to conform and adapt to the technical requirements of connecting networks or devices. Your credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, any use of the Service, or access to the Service, or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this site is inaccurate, incomplete, or outdated. The content of this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting more important, accurate, complete, or up-to-date sources of information. If you rely on the content of this site, you do so at your own risk.
This site may contain certain historical data. Historical data, by definition, is not current and is provided for reference only. We reserve the right to modify the content of this site at any time, but we are under no obligation to update any information on it. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – SERVICE AND PRICE MODIFICATIONS
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part of it) at any time without notice.
We will not be held liable to you or any third party for any price changes, or for any modification, suspension, or discontinuation of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Some products or services may be available exclusively online through the website. These products or services may have limited quantities and may be subject to our Return Policy for exchanges or returns.
We have made every effort to display the colors and images of products accurately on the store. However, we cannot guarantee that the colors displayed on your computer monitor are accurate.
We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services that we offer. All product descriptions and pricing are subject to change at any time without notice, at our discretion. We reserve the right to discontinue the sale of any product at any time. Any offer of products or services on this site is void where prohibited by law.
We do not guarantee that the quality of products, services, information, or other materials you purchase or obtain will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – BILLING AND ACCOUNT INFORMATION ACCURACY
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If we make changes to or cancel an order, we may attempt to notify you by contacting you via the email address and/or billing address or phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more information, please see our Return Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools that we neither monitor, control, nor manage.
You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind, and without endorsement. We shall have no liability whatsoever for any issues arising from or related to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own discretion and at your own risk. Furthermore, it is your responsibility to review the terms on which these tools are provided by the third-party provider(s) and to accept those terms.
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new services and/or features will also be subject to these Terms of Use.
ARTICLE 8 – THIRD-PARTY LINKS
Certain content, products, and services available through our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these sites, and we do not warrant and will not assume any responsibility for any third-party content, websites, or any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions related to third-party websites. Please review the third-party policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
ARTICLE 9 – COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you submit specific content (e.g., as part of your participation in contests), or if, without any request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, via email, by mail, or otherwise (collectively, "comments"), you grant us the right, at any time and without restriction, to modify, copy, publish, distribute, translate, and use in any media whatsoever all comments you send to us. We are not and will not be obligated (1) to maintain the confidentiality of the comments; (2) to compensate anyone for any comment provided; or (3) to respond to comments.
We may, but are not obligated to, remove content and Accounts containing content that we, at our sole discretion, consider to be illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property of any party or these Terms of Use.
You agree that your comments will not infringe upon the rights of third parties, including copyright, trademarks, privacy, personality, or any other personal or intellectual property rights. You further agree that your comments will not contain any unlawful, defamatory, or obscene material, nor any computer viruses or other malicious software that may affect the operation of the Service or any related website in any way. You may not use a false email address, impersonate someone else, or attempt to mislead us or third parties regarding the origin of the comments. You are solely responsible for all comments you make and their accuracy. We disclaim any liability for comments posted by you or a third party.
ARTICLE 10 – PERSONAL INFORMATION
The transmission of your personal information on our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
ARTICLE 11 – ERRORS, INACCURACIES, AND OMISSIONS
There may be occasional information on our site or in the Service that contains typographical errors, inaccuracies, or omissions related to descriptions, prices, promotions, offers, shipping charges, delivery times, and product availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without notice (including after you have placed an order).
We are not obligated to update, modify, or clarify the information in the Service or on any related website, including but not limited to pricing information, unless required by law. No specific date of update or modification applied to the Service or any related website may be defined to indicate that all the information offered in the Service or on any related website has been modified or updated.
ARTICLE 12 – PROHIBITED USES
In addition to other prohibitions outlined in the Terms of Use, you are prohibited from using the site or its content:
(a) for unlawful purposes; (b) to incite third parties to commit illegal acts or participate in them; (c) to violate any local ordinance or any international, federal, provincial, or state regulation, rule, or law; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, discredit, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used to compromise the functionality or operation of the Service or any related website, as well as other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, spoof, extort information, crawl, explore, or sweep the web; (j) for obscene or immoral purposes; or (k) to disrupt or circumvent the security measures of the Service or any related site, as well as other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.
ARTICLE 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee, certify, or declare in any way that your use of our Service will be uninterrupted, secure, timely, or error-free.
We do not guarantee that the results that may be obtained from using the Service will be accurate or reliable.
You agree that, from time to time, we may remove the Service for indefinite periods or cancel it at any time without notice.
You expressly agree that your use of the Service, or your inability to use it, is at your own risk. The Service, as well as all products and services provided to you through it, are (unless expressly stated by us) provided "as is" and "as available" for your use, without representation, warranties, or conditions of any kind, either express or implied, including but not limited to all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
Our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors cannot be held responsible for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages, including but not limited to the loss of profits, revenue, savings, or data, replacement costs, or any similar damages, whether contractual, tort (even in the case of negligence), strict liability, or otherwise, resulting from your use of the Service or any service or product relying on it, or any other claim related in any way to your use of the Service or any product, including but not limited to errors or omissions in content, or any losses or damages arising from the use of the Service or any content (or product) published, transmitted, or made available through the Service, even if you have been advised of the possibility of such occurrences.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in those states or jurisdictions will be limited to the maximum extent permitted by law.
ARTICLE 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of these Terms of Use or any documents they incorporate by reference, or your violation of any laws or rights of a third party.
ARTICLE 15 – SEVERABILITY
If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, that provision will still be enforceable to the fullest extent permitted by law, and the unenforceable part will be considered severed from these Terms of Use, without affecting the validity and enforceability of the remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this agreement for all purposes.
These Terms of Use will remain in effect unless and until terminated by you or by us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If we determine or suspect, at our sole discretion, that you have failed to comply with any provision of these Terms of Use, we may also terminate this agreement at any time without notice. You will remain responsible for all amounts owed up to the termination date (inclusive), and we may deny you access to our Services (or any part of them).
ARTICLE 17 – ENTIRE AGREEMENT
Any failure by us to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision.
These Terms of Use or any other policies or operating rules we post on this site or related to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
Any ambiguity in the interpretation of these Terms of Use will not be construed against the drafting party.
ARTICLE 18 – APPLICABLE LAW
These Terms of Use, as well as any separate agreement by which we provide you with Services, are governed and construed in accordance with the laws.
ARTICLE 19 – CHANGES TO THE TERMS OF USE
You can review the most recent version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Use by posting the updated versions on our website. It is your responsibility to check our website periodically for changes. By continuing to access or use our website and the Service after any changes to these Terms of Use are posted, you accept those changes.
ARTICLE 20 – CONTACT INFORMATION
Questions regarding the Terms of Use should be sent to:
