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TERMS OF USE, TERMS OF SERVICE & PRIVACY POLICY & CONTRACT

Last Updated: March 21, 2024

AGREEMENT TO TERMS

Terms OF USE, TERMS OF SERVICE & PRIVACY POLICY & CONTRACT

 

The following Terms of Use govern your use of our websites, www.cultivateyourhigherpower.com, www.pranavidabreathwork.com and our membership Site, social media Site, apps, email and text communications, and other forms of electronic messaging (the “Site”). The Site is owned and operated by Cultivate Your Higher Power and Marianne Johnson (the “Company,” “we,” or “us”). The term “you” refers to the user, student or viewer of the Site, whether as a registered user or a guest.

The following Terms of Service govern your use of or participation in our Programs, Products, and Services. All of our Programs, Products, and Services are owned and operated by Cultivate Your Higher Power and Marianne Johnson (the “Company,” “we,” or “us”). The term “you” refers to the registrant, purchaser and/or user of our Programs, Products, and Services, whether as a registered user or a guest.     

The following Independent Contractor Terms govern your participation in Live Coaching Calls, Community Calls, Triad Pod Calls, Study Calls, Practitioner Sessions, and Recovery Calls to complete your hours during our training programs. 

HOW TO CONTACT US

If you have any questions about the following terms, or wish to unsubscribe, you may contact us at:

Cultivate Your Higher Power

Email: marianne@cultivateyourhigherpower.com

 

NOTIFICATION OF CHANGES

We reserve the right, at our sole discretion, to change, modify or otherwise alter the Site, its content and the following Terms of UseTerms of ServiceIndependent Contractor Terms, at any time, with or without notice. Please check this page periodically for changes. By using the Site after we post any changes to our Terms, you agree to accept those changes, whether or not you have reviewed them or been notified about them. If at any time you choose not to accept changes to our Terms, immediately discontinue use of the Site and/or our Programs, Products, and Services.

Last Updated: March 2024

© Copyright 2024 Cultivate Your Higher Power, Prana Vida Breathwork, Marianne Johnson All Rights Reserved.

TERMS OF USE

 

USE & CONSENT

Welcome to www.cultivateyourhigherpower.com and all other training sites. These Terms of Use govern your use of our websites, our affiliated sites, membership sites, social media sites, apps, email and text communications, and other forms of electronic messaging (the “Site”). Please read them carefully. 

By using the Site, by clicking to accept our terms when the option is made available to you, or by giving us your email or personal information, you consent to these legally binding Terms of Use, whether or not you have read it. If you do not agree to these Terms of Use, please immediately leave the Site and stop using its content. 

AGE RESTRICTIONS FOR THE SITE

The Site is available to users who are sixteen (16) years of age or older. The Site is not directed to children under the age of sixteen (16) and we will not knowingly collect personally identifiable information from children under sixteen (16). By using the Site, you represent and warrant that you are of legal age to form a binding contract with us and meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Site. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. We strongly recommend that parents participate in their children’s exploration of the internet and any online services, and use their browser’s parental controls to limit the areas of the internet to which their children have access. 

DISCLAIMERS

THE SITE, ITS CONTENT, AND ALL THE MATERIALS ARE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR GUARANTEE. YOU ACCESS THE SITE AT YOUR OWN RISK UNDERSTANDING THAT WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, EXPRESS OR IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE WILL NOT BE RESPONSIBLE FOR OR LIABLE FOR ANY DAMAGE THAT MAY ARISE FROM YOUR USE OR MISUSE OF THIS SITE. WE DISCLAIM ANY AND ALL WARRANTIES PERTAINING TO THE ACCURACY AND USEFULNESS OF THE INFORMATION, MATERIALS, CONTENT, SOFTWARE, PROGRAMS, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE SITE. WE MAKE NO PROMISES OR REPRESENTATIONS RELATED TO THE PERFORMANCE OR OPERATION OF THIS SITE. WE MAKE NO PROMISES OR REPRESENTATIONS THAT OUR SOFTWARE IS FREE FROM VIRUSES, MALWARE, OR ANY OTHER HARMFUL COMPONENTS, OR THAT THE SITE WILL BE AVAILABLE WITHOUT INTERRUPTION.

THIS SECTION APPLIES TO YOU TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.

For Educational Purposes Only

Information and content provided on or through the Site is for educational, informational and inspirational purposes only.  

Medical Disclaimer

Information and content provided on or through the Site does not constitute and cannot be relied upon as medical advice and are not intended to be a substitute for the professional advice of your own Medical Provider or Mental Health Provider Information and content provided on or through the Site is spiritual in nature; we do not provide medical care or mental health care, or attempt to diagnose, treat, prevent or “cure” any physical, mental or emotional issue, disease or condition. Use of the term “cure,” if any, is for illustrative purposes only and not intended to guarantee or promise any specific medical results or outcomes. Do not disregard or delay seeking medical advice or psychological advice because of information you have received through the Program. Do not start or stop taking any medications without speaking to your own Medical Provider or Mental Health Provider. If you have or suspect that you have a medical or mental health condition, contact your own Medical Provider or Mental Health Provider promptly. 

Please seek medical advice and psychological advice from your Medical Provider or Mental Health Provider before engaging in the Spiritual Psychology & Trauma Coaching, Prana Vida Breathwork or any other spiritual techniques or modalities. No one within our community is ever required to engage in Spiritual Psychology & Trauma Coaching or Prana Vida Breathwork - use your own discretion. None of our Programs, Products, and Services are intended for use by anyone with PTSD, addiction, or mental disorders. If you have PTSD or other trauma, we advise you to seek help from a professional doctor or psychologist. 

Professional Disclaimer

Information and content provided on or through the Site does not constitute and cannot be relied upon as professional advice and is not intended to be a substitute for the professional advice of your own personal or business attorney, accountant, or financial advisor. Consult with your own attorney, accountant or financial advisor before making any financial decisions or investments to advise you concerning your specific legal and financial situation.  

Results Vary 

Information and content provided on or through the Site is intended to accurately represent our Programs, Products, and Services; however, due to the nature of our Programs, Products, and Services, results experienced by clients vary significantly. We cannot be held responsible for this variance.  Each individual’s success depends on their own desire, motivation, commitment, effort, actions, follow-through, unique background and other factors.   

 

No Guarantees

We do not represent or guarantee that you will attain a particular outcome or result from using the information or content provided on or through the Site. There are no guarantees as to the progress or results you can expect from using the information or content you receive on or through the Site. Prior results of other individuals or businesses do not guarantee a similar outcome. 

 

Personal Responsibility 

We are committed to helping you achieve your goals, but you are solely responsible for your progress and results, now and in the future. You agree to use your own judgment and due diligence before implementing any idea, suggestion or recommendation from the Site to your life, family or business. You are voluntarily making decisions as to your use, or non-use, of any information or content provided on or through this Site with the full awareness that there may be risk involved. You accept full responsibility for discerning the risks of using the information and content provided on or through the Site and the consequences of your use, or non-use, of any information or content provided on or through this Site. You are aware that you have the right to consult your own professionals prior to using the Site or its information or content. We cannot be held responsible for any decisions or for any consequences of the decisions you make from the use or misuse of the information or content provided on or through the Site.  

 

Testimonials 

The Site may present real world experiences, testimonials, and insights about other people’s experiences with the information or content provided on or through the Site. The testimonials, examples, and photos used are of actual clients and results they personally achieved, or they are comments from individuals who can speak to our character and/or the quality of our work. Each of these unique client stories, and any and all results reported in these stories, are exceptional, non-typical culmination of numerous variables, some of which we cannot control. They are not intended to represent or guarantee that current or future clients will achieve the same or similar results; rather, these testimonials represent what is possible for purposes of illustration and inspiration only. The testimonials used in the marketing are not average and we use testimonials from all program levels.

Earnings Disclaimer

We do not make any guarantees as to the future income, sales volume or potential profitability that may be derived as a result of your use of information and content provided on or through the Site. As with any business, there are risks and results may vary depending on individual capacity, mindset, business skills, work ethic, knowledge, education, experience, expertise, training, resources, health and well-being, financial situation and level of desire. There are no guarantees concerning the level of success you may experience. You accept the risk of using the information and content provided in the Program and the consequences of your use, or non-use, thereof based on your own due diligence. Any prior successes or past results of current or former clients may not be relied on as an indication of your future success or results. We cannot be held responsible for any success or failure of your business that is directly or indirectly related to you use, misuse or interpretation of information and content provided on or through the Site.  

Errors and Omissions 

Although care and effort has been made in preparing the information and content provided on or through the Site to ensure the accuracy of information and content shared with you, the information and content may be incomplete or inadvertently contain inaccuracies or typographical errors. We cannot be held responsible for the accuracy of the Site, for any errors or omissions that may occur, and do not accept liability for any loss or damage you may incur. Likewise, we cannot be held responsible for the accuracy, errors or omissions of third parties or of any other individual or business affiliated with us in any way, referenced on or through the Site.

RESTRICTIONS ON USE OF CONTENT

Information and content provided on or through the Site are protected under copyright, trademark, trade secret and other intellectual property laws and are the sole property of the Company. Such proprietary and copyrighted content includes, but is not limited to, the tools, processes, strategies, materials and information presented on the Site. 

Unless otherwise noted, you may access and use the information and materials within the Site for your personal use only. You are NOT allowed to repost, change, modify, adapt, delete, display, transmit, publish, distribute, exploit, or copy for distribution or sale any information, material, or content without express written permission from us, as it is our protected or proprietary content and assets. Any unauthorized use or distribution of the Site proprietary concepts, materials, and intellectual property by you or your representatives are prohibited. We will pursue legal action and damages to the fullest extent of the law if any of these terms are violated in order to protect these rights.By using the Site, or by clicking to accept our terms when the option is made available to you, you agree to these restrictions and to abide by all copyright notices.

LINKS

These terms of use apply only to Site the Site, and not to the websites of any other companies or organizations, including unaffiliated or third party websites as well as those we link to. We do not maintain, create, endorse, or take any responsibility for the contents, advertising, products, or other materials made available through any other website, including those we link to. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any content, goods, or services available on any other site. Other websites may link to the Site by permission only. To seek our permission, you may contact us at the information above. We reserve the right to rescind any permission granted to you or any organization in which we approve linking to the Site, and to require termination of any such link to the Site, at our discretion at any time.

AFFILIATE LINKS & DISCLOSURES

If we use affiliate links, which are links to our partners or sponsors who pay us if you signup or purchase from them, then we will tell you on the page we are linking to them from. Any action you take on another company’s site is up to you and you are solely responsible for your actions and purchases with them. If we are paid by an affiliate, it does not cost you any extra – they are compensating us for driving traffic to them. Often, we are able to get you discounts and trials to companies we like; and we only recommend companies we like.

If you enroll and signup for a program via an affiliate link, the affiliate will receive a percentage from Cultivate Your Higher Power. If we pay an affiliate, it does not cost you anything extra – they are compensated for driving traffic to us.

EVENTS, INFORMATION, AND SPEAKER CHANGES

The events, information, and speakers listed on the Site are subject to change without notification.

SUBMISSIONS

We welcome your comments about the Site. However, we will not review or consider any unsolicited creative submissions or suggestions for topics at our seminars, within our newsletters, or for our products. We hope you will understand that this policy is intended to avoid the possibility of future misunderstandings in the event that ideas developed by our staff might seem to be similar to any ideas that were submitted to us. Accordingly, we must ask that you not send us any original creative ideas, suggestions, or materials. If despite our request, you send us any idea, suggestion, or material (“Submission”), it shall become our property. We will not be subject to any obligation of confidence for any Submission, and we will not be liable for any use or disclosure of any Submission. In the case that you submit something to us and it is unsolicited, we will exclusively own all rights to the Submission worldwide, and we will be entitled to the unrestricted use of the Submission for any purpose, without compensation or notification to the provider of the Submission. Given this fact, we ask that you refrain from submitting creative projects to us, particularly those that are confidential or personal to you.

FORUMS

A “forum” means any message board, chat room, user review forum or other interactive service appearing on the Site and includes both public boards and private folders. You must register in accordance with instructions that you will find on the Site in order to contribute to any forum. You may not post on any forum, or send to any other forum user or our staff, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person’s privacy, violates any intellectual or other property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post messages that contain stock touts. You may not post or transmit any information, software or other material that contains a virus or other harmful components. We are not responsible for material appearing in any forum on the Site, except for material signed by one of our identified representatives. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings. By posting on the Site, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you warrant that any “moral rights” in posted materials have been waived. You are not entitled to any compensation for any materials you may post on the Site.

REGISTRATION

We may, at our discretion, suspend or terminate the registration of any forum user or general user who violates any of these terms of use, any of the forum member guidelines, or for any other behavior that we in our discretion believe is inappropriate.

SMS/MOBILE TEXTING

When you become a customer through the Site, you provide your phone number to us and we may use your phone number to confirm orders, deliver promised ongoing training or communication, and to send text updates, promotions, videos, audios, or messages related to, Cultivate Your Higher Power or any of our brands, promotions or programs. You can opt-out of receiving any future text messages by simply replying to any of our text messages at any time with the word STOP. By signing up for our products or programs you hereby grant us permission to text you until you reply STOP. We do not ever sell or rent your phone number and we only communicate with you regarding relevant our programs, topics or events.

NON-ACADEMIC INSTITUTIONS

Please note our company, Cultivate Your Higher Power and Prana Vida Breathwork is not a traditionally accredited academic institution. However, in the future are looking at becoming recognized via ICF International Coaching Federation & CPD. We do not issue diplomas or academic certifications or degrees. We do issue certifications for completion. We do not accept student loans or provide student aid under any programs. We are a for-profit educational organization.

Marianne Johnson is not a licensed psychologist. The Prana Vida Breathwork and Spiritual Psychology Coach Program does not make you a psychologist. 

EXPLICIT LANGUAGE & MATURE CONTENT

On the Site we will occasionally discuss mature topics and language relating to personal and professional growth that may use explicit language or “curse words.” Users who are uncomfortable with such topics or language should not use the Site. Dr. Erin Fall Haskell reserves the right to use profanity in her talks, teachings, and conversations. By using the Site, or by clicking to accept our Terms when the option is made available to you, you consent to use of such language. If you do not agree, please immediately leave the Site and stop using its content. 

LIMITATION OF LIABILITY

If you are dissatisfied with the Site or its Content, or any portion thereof, or with these Terms of Use, your sole and exclusive remedy is to discontinue using the Site and its Content.  

To the maximum extent provided by applicable law, the Company does not accept liability for loss or damage of any kind, be it direct, indirect, consequential, special, exemplary, incidental, actual, punitive, or otherwise, whether it arises from personal injury, financial loss, data loss, opportunity loss, third-party use or misuse, aggregate service, personal dissatisfaction, or any other damage resulting from your use of the Site. The full assumption of risk and responsibility lies with you, the user and visitor. The Company, its shareholders, directors, officers, employees, representatives, agents, subsidiaries, assignors, and licensors will not be held liable in any event. For jurisdictions in which statutory law prohibits the limitation of certain types of liability related to the gross negligence of a party, the Company’s liability is limited to the fullest extent permitted by applicable law. In no event shall the total liability to you by us, or any of our licensors or suppliers, for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the Site.

Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any advice, goods, or services you receive from a guest speaker on the Site or at one of our events. We are also not responsible or liable for any loss or damage that is caused, or alleged to have been caused, to our guest speakers in connection with the display of their photo, name, or biography posted on the Site or in our marketing materials.

INDEMNIFICATION

You agree to indemnify and hold harmless the Company, its directors, shareholders, employees, representatives, agents, subsidiaries, assignors, and licensors from and against any lawsuits, disputes, claims, proceedings, demands, costs, or expenses related to or arising out of any use of the Site or your breach of these Terms and any other policies incorporated into this agreement. 

DISPUTE RESOLUTION 

We believe that it is beneficial to all parties to quickly resolve any potential disputes as efficiently and cost-effectively as possible. In line with this belief, you agree that any disputes arising from your use of the Site will be handled and resolved according to the provisions of these Terms of Use, unless otherwise explicitly stated. If a dispute arises, you agree to first contact us and attempt to resolve any such issues informally, with or without the assistance of a mutually agreed upon mediator through non-binding mediation. If informal attempts fail, you agree to submit any claim, dispute, or controversy to final and binding arbitration in Miami, Florida, before a sole, mutually agreed upon arbitrator, who will award attorney’s fees and costs to the substantially prevailing party.

YOU AGREE TO WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL YOU MAY HAVE IN ANY AND ALL JUDICIAL PROCEDURES AND PROCEEDINGS RELATED TO ANY DISPUTE ARISING FROM YOUR USE OF THE SITE UNDER THESE TERMS.

ALL PARTIES WAIVE THEIR RIGHTS TO PRESENT CLAIMS IN A CLASS ACTION SUIT.

GOVERNING LAW & SEVERABILITY 

These Terms of Use will be governed by Florida law, without regard to principles of conflicts of law. If any part of these Terms of Use is invalid or unenforceable, or in conflict with the law of any controlling jurisdiction, that provision will be severed from these Terms of Use and the validity of the remaining provisions will not be affected. If permitted by law of any controlling jurisdiction, the severed provision shall be superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remaining provisions shall remain in full force and effect. 

If you have any questions about these Terms of Use, please contact us by email at marianne@cultivateyourhigherpower.com 

Last Updated: March 2024

© Copyright 2024 Cultivate Your Higher Power and Prana Vida Breathwork. All Rights Reserved.

TERMS OF SERVICE

USE & CONSENT

By registering for, purchasing and/or using our Programs, Products, and Services, you agree to the terms and conditions set forth in these Terms of Service, including those incorporated by reference, and are legally bound by them, whether or not you have read them. 

We reserve the right to modify these Terms of Service at any time, without notice, at our sole discretion, so please check this page periodically for changes. By using our Programs, Products and Services after we post any changes to these terms, you agree to accept those changes, whether or not you have reviewed them or been notified about them. If at any time you do not agree with these Terms of Service, immediately discontinue use of our Programs, Products and Services.

PRIVACY POLICY, TERMS OF USE 

Please review the Company’s Privacy Policy and Terms and Use, which are incorporated by reference into these Terms of Service, as well as the below Independent Contractor Terms and Affiliate Terms. As a condition of your use of or participation in our Programs, Products, and Services, you agree to abide by the Company’s Privacy Policy and Terms of Use. In the event of a conflict between any of those terms and these Terms of Service, these Terms of Service shall govern.  

PROGRAMS & INVESTMENT

For good and valuable consideration for the amount set forth on the checkout page at the time of purchase, you are electing to purchase the Membership, True Self Discovery program, Business Mastery program, Prana Vida Breathwork Facilitator,  Prana Vida Breathwork and Spiritual Psychology Coach program. In exchange, we agree to provide the services outlined on the checkout page at the time of purchase, including course content on our membership site, training, community, and more. 

This is a binding contract. You are responsible for your full contract and installments prior to receiving your certification or graduating. 

We are not an accredited school and our certifications are non-accredited. However, we are hoping to get accredited by ICF International Coaching Federation and CPD accreditation. We are not responsible for ICF or CPD or their future business. 

Our certificates of training are for educational purposes.  

By registering for, purchasing and/or using our Programs, Products, and Services, you agree to invest in yourself and invest in our Programs, Products, and Services by assuming financial responsibility for all purchases made by you, or someone acting on your behalf, and paying the fees in the amount set forth on the checkout page at the time of purchase. 

COMMUNICATION

During the course of the Program, we will send you announcements and Program related information through email communication. To ensure receipt of such information, please do not “unsubscribe” from our email communications. If applicable, please also notify us by email at marianne@cultivateyourhigherpower.com when you are paid in full to receive certain products at the conclusion of your Program as indicated in your Program details.  

You agree to abide by our standards of conduct and rules of ethics throughout the Program. This means communicating and treating us and other group members with respect at all times. You also agree to refrain from soliciting business from and/or distributing marketing materials to other group members.  

REFUND POLICY

Your satisfaction is important to us. By registering for, purchasing and/or using our Programs, Products, and Services, you agree to one of the following refund policy, contingent upon whichever one was on your checkout page:

By enrolling, you agree that you are in clear conscious by agreement to these terms by either clicking the box, signing a waiver or submitting payment by clicking the link for proceed with payment, electronic money transfer. If you choose the payment plan option, you will then be charged monthly for membership access every 30 days. There are no refunds. Cancel anytime. You are also liable for your entire contract to be paid in full.

We have a NO REFUNDS policy on any UPGRADE purchase from one Program to another. You are responsible for the full fee of any upgraded Program and no refunds will be provided.  

We reserve the right to take anyone out of the Facebook group or community groups and live calls at any point in time. You will still have access to your member's portal for the amount of time of your program. 

Cancellations: Your contract is a binding contract for the number and amount on your checkout page. We do not accept cancellations.

 

PAYMENT TERMS

In the event any payment due and owing is late, your access to and participation in our Programs, Products and Services will be immediately suspended until payment is made. We charge a two percent (2%) late penalty on all balances due that are not paid within five (5) days. We reserve the right at our discretion to immediately terminate these Terms of Service and revoke your access to all Programs, Products and Services if your account is beyond five (5) days past due. 

This is a binding contract. By clicking ‘agree’ to terms you are accepting your full contract and installments due. All installments must be paid in full prior to receiving your certification or graduating.

Failed Payments: $100 service fee added if our accounting team has to create a new account balance & checkout page. 

We reserve our right to seek payment from you for any delinquent payment(s) by enlisting the help of an attorney or collection agency. You will be solely responsible for any legal fees or costs incurred in enforcing these Terms of Service. We reserve our right to report your delinquent payment(s) to credit reporting agencies, either directly or through the help of a collection agency.

If you default on your contract and payments, all programs, certifications, accreditations, and all content in your member’s portal will be revoked. If you default on your contract, all testimonials obtained from any students within the program must be discarded and not be used privately or publicly. 

CREDIT CARD AUTHORIZATION 

If paying with debit or credit card and/or electing a payment plan, you give us permission to automatically charge your card as payment for the Program in accordance with these Terms of Service without any additional authorization, for which you will receive an electronic receipt. You authorize us to provide your name, mailing address, and credit card information to third parties for purposes of payment processing.  

We do not tolerate or accept any threat of chargeback or actual chargeback from your credit card company. Your agreement with us will automatically terminate upon such attempt to seek a chargeback from your credit card company. You will remain responsible for payment in full for the Program, which you have purchased and/or participated in, as well as any applicable processing fees related to the chargeback.

In the event that a chargeback is placed on your purchase, we reserve the right to report the incident to all three credit reporting agencies and/or to report a delinquent account which could negatively impact your credit score. The information reported will include your name, email date of your purchase, purchase amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

TERMINATION

These Terms of Service will terminate either (1) automatically upon completion of the Program, (2) automatically upon notice of failed or delayed payment(s) under these Terms of Service, or (3) immediately if you are in breach or material default of these Terms of Service, which includes if you do not uphold your responsibilities as described in the course curriculum, if you violate the rules for our Facebook group/social media group(s), if you fail to observe our standards of conduct or rules of ethics, or if you misuse our Programs, Products, Services, or Program Materials for speculative, false, fraudulent, or illegal purposes. No refunds will be issued for funds received prior to the date of termination.

In the event of termination for failed payments or material default of these Terms of Service, that shall immediately terminate any and all licenses granted to you to use any and all Materials provided to you in the Program under these Terms of Service. In the event of termination by either of us for any reason, we reserve the right to suspend, refuse or terminate your access to any aspect of our Programs, Products, and Services, including but not limited to our membership site, Siteite, private forums, e-mail communications, Facebook groups, coaching or training calls, or any other method of communications related to our Programs, Products, Services at any time without notice. 

If you become legally incapacitated or die, these Terms of Service will automatically terminate. Notwithstanding anything herein to the contrary, you or your estate will not be obligated to continue making payments under these Terms of Service beyond what has already been paid up to the date of termination. 

CONFIDENTIALITY

We value your trust and respect your confidentiality. During the course of the Program, you may share Confidential Information with us. “Confidential Information” does not include information that (1) is or becomes available to the general public, (2) is already known to us before you disclose it, or (3) that we rightfully receive from a third party.

We will use our best efforts to keep your Confidential Information safe, secure and refrain from disclosing it to third parties. When you submit Confidential Information via our Programs, Products, or Services, we take measures to protect the security of your Confidential Information. 

However, due to the nature of the Internet, we cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to us or through our Program, Products and Services; therefore, submitting Confidential Information, data or other information is done at your own risk.  We have reasonable security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration. 

You agree to treat any information you learn about other group members as Confidential Information and you will not disclose any such information to any third parties without the prior written consent of the disclosing party.

MEDIA RELEASE

By registering for, purchasing and/or using our Programs, Products, and Services, or attend any Event, you consent to photographs, videos, and/or audio recordings (“Media”) that may contain your image, your voice and/or your likeness and that may be associated with your name and social media profile(s). This Media may or will be shared with potential clients or other clients who have purchased our Programs, Products and Services, including on our Membership site, social media platforms such as Facebook, Instagram or YouTube, or in any “offline” venues and media. You also release your rights for content to be used for potential marketing, documentary, television, podcast, and social media.

INTELLECTUAL PROPERTY

The content in our Programs, Products and Services and all Program Materials that we provide to you, whether or not they are eligible for copyright or other intellectual property right protection, are for your use only and you are not authorized to share, copy, reprint, distribute, trade, sell, republish or otherwise exploit the Program Materials without our prior written consent. All of our intellectual property, including all content and Program Materials, trade secrets and proprietary processes and procedures, are our sole property (the “Materials”).  Our Programs, Products and Services and the Program Materials have been created, developed or obtained by us through the investment of significant time, effort and expense, and this information is a valuable, special and unique asset of ours which needs to be protected from improper and/or unauthorized use.  

If you purchase or access any of our Program Materials through our Programs, Products or Services, you will be considered our Licensee. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use our Programs, Products or Services or the Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us. 

You are being granted a limited license to use our Program, Products and Services, and Program Materials with permission and restrictions. This means that when you purchase a Program, Product or Service, you are purchasing the limited right to use the Program Materials in the form that is provided by us to you with certain conditions as specified in these Terms of Service.

You are permitted to use our Programs, Products, Services and Program Materials as follows: You may download and/or print Program Materials for your own personal use. However, you are not permitted to share, copy, reprint, distribute, trade, sell, republish or otherwise exploit any of our Program Materials, including handouts, for any commercial purpose or unintended non-commercial purpose. This includes sharing this program with your friends, family, colleagues, etc. If they would like access, they must purchase their own license separately. You may not transfer or assign these Terms of Service without our written consent. 

If you make any changes, suggestions, enhancements or improvements (each, a “Change”) to any of our Program Materials, and own the copyright to those Changes, you hereby assign to us, for no additional consideration, all of your rights, including copyrights, in all works prepared by you under this these Terms of Service. You agree to promptly sign and deliver any documents and take any actions that we reasonably request to establish and perfect the rights assigned to us under this provision. If you are unable or unwilling to sign any further documents necessary to convey the rights set forth in these Terms of Service, you appoint us as your true and lawful attorney-in-fact with full power of substitution.  

NO PROMISES OR WARRANTIES

We are committed to helping you achieve your goals, but you are solely responsible for your progress and results from the Program. We have made every effort to accurately represent the Program, but ultimately, your use of and participation in the Program are up to you completely.  

Because of the nature of the Program, the results experienced by clients vary significantly. You accept responsibility for this variance. We make no representations or promises regarding performance other than those expressly written in these Terms of Service. You acknowledge and agree that there are no guarantees as to the specific outcome or results you can expect from the Program. We are not responsible for any decisions you make as a result of the Program, or for any consequences of those decisions. You agree to use your own judgment and due diligence.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

DISCLAIMERS

By registering for, purchasing and/or using our Programs, Products, and Services, you agree to the following disclaimers:

All Programs, Products, and Services of New Thought Global and Soulciété, Inc., including statements made by Dr. Erin Fall Haskell, are for educational, informational and inspirational purposes only. 

Any action you take is strictly at your own risk and we will not be liable for any losses and damages, directly or indirectly, as a result of your use, misuse or interpretation of the information and content provided in our Programs, Products, and Services. You accept total and complete responsibility for your decisions, actions, finances, health, and results in life. 

Medical Disclaimer

Our Programs, Products, and Services utilize various modalities and spiritual teachings. Our Programs, Products, and Services do not constitute and cannot be relied upon as medical advice and are not intended to be a substitute for the professional advice of your own Medical Provider or Mental Health Provider Our Programs, Products, and Services are spiritual in nature; we do not provide medical care or mental health care, or attempt to diagnose, treat, prevent or “cure” any physical, mental or emotional issue, disease or condition. Use of the term “cure,” if any, is for illustrative purposes only and not intended to guarantee or promise any specific medical results or outcomes. Do not disregard or delay seeking medical advice or psychological advice because of information you have received through the Program. Do not start or stop taking any medications without speaking to your own Medical Provider or Mental Health Provider. If you have or suspect that you have a medical or mental health condition, contact your own Medical Provider or Mental Health Provider promptly. 

Please seek medical advice and psychological advice from your Medical Provider or Mental Health Provider before engaging in Spiritual Psychology and Trauma Coaching, Prana Vida Breathwork™️or any other spiritual techniques or modalities. No one within our community is ever required to engage in Spiritual Psychology and Trauma Coaching or Prana Vida Breathwork™️ - use your own discretion. None of our Programs, Products, and Services are intended for use by anyone with PTSD, addiction, or mental disorders. If you have PTSD or other trauma, we advise you to seek help from a professional doctor or psychologist. 

 

 

Professional Disclaimer

Our Programs, Products, and Services do not constitute and cannot be relied upon as professional advice and is not intended to be a substitute for the professional advice of your own personal or business attorney, accountant, or financial advisor. Consult with your own attorney, accountant or financial advisor before making any financial decisions or investments to advise you concerning your specific legal and financial situation.  

 

 

Earnings Disclaimer

We do not make any guarantees as to the future income, sales volume or potential profitability that may be derived as a result of your use of information and content provided on or through the Site. As with any business, there are risks and results may vary depending on individual capacity, mindset, business skills, work ethic, knowledge, education, experience, expertise, training, resources, health and well-being, financial situation and level of desire. There are no guarantees concerning the level of success you may experience. You accept the risk of using the information and content provided in the Program and the consequences of your use, or non-use, thereof based on your own due diligence. Any prior successes or past results of current or former clients may not be relied on as an indication of your future success or results. We cannot be held responsible for any success or failure of your business that is directly or indirectly related to you use, misuse or interpretation of information and content provided on or through the Site.   

 

 

Certification & Certificate of Training Disclaimer

A Certified Course is designed to ensure the principles and teachings of Cultivate Your Higher Power, Spiritual Psychology & Prana Vida Breathwork™️.

Client understands Program is not certifying Client as a psychologist or medical expert in any way; rather, Program is teaching Client principles of spiritual psychology coaching and breathwork, to enrich Client’s current or new coaching business. 

All certifications and courses are not accredited by any other agency or any of the traditional university systems. The courses and certification do not qualify for credit at any other educational institution.

 

ANNUAL DUES: 

There are NO annual dues to maintain your certification with Cultivate Your Higher Power or Prana Vida Breathwork

Prana Vida Breathwork, S.I.S.T.E.R Process, Pranamation Technique, Intellectual Property & Guidelines

Prana Vida Breathwork & Spiritual Psychology Coach, S.I.S.T.E.R Process, Pranamation Technique are trademarked 

Cultivate Your Higher Power is the only certification program permitted to certify coaches in the Prana Vida Breathwork and Spiritual Psychology Coach Facilitator™️.

 

Lifetime Access Disclaimer 

Your Program does not include lifetime access.

If your program did include lifetime access to the Membership site; as long as the membership site is up and running. We reserve the right to end our membership site in the future. We reserve the right to suspend, refuse or terminate your access to any aspect of our Programs, Products, and Services, including but not limited to our membership site, Siteite, private forums, e-mail communications, Facebook groups, coaching or training calls, or any other method of communications related to our Programs, Products, Services at any time without notice and in our sole discretion.

We do not have control over Facebook and its ability to have access to any of the groups. We also reserve the right to refuse business to anyone and remove them from our Programs, Products, and Services.  Lifetime access after your particular curriculum of group coaching calls is not guaranteed. 

Group Coaching Calls Disclaimer

Marianne Johnson's intention is to lead the majority of all group coaching calls. Marianne Johnson reserves the right to have other leaders hold the group coaching calls. She will not be on every group coaching call. She will do her best to hold as many as her schedule permits. Eventually, she will not be teaching weekly and will be replacing herself with trained teachers. 

 

 

Facebook Groups and Telegram Disclaimer

Cultivate Your Higher Power, Prana Vida Breathwork and Marianne Johnson have no affiliation with Facebook and Telegram and has zero control over what they choose to do in the future with 'groups.' We make no promises regarding the private groups as part of your membership. We plan to move off of Facebook altogether. 

It is your responsibility to request to join the private Facebook groups. The links come in the welcome email and are in the membership site. Please, give us up to seventy-two (72) hours to accept you into each group. We do not add you without you asking to be accepted. We do not track to make sure you've joined the group. 

LIMITATION & RELEASE OF LIABILITY

By registering today, you agree to the following Limitation & Release of Liability:

Disclosures: This Limitation & Release of Liability is intended to provide you with important information regarding all Spiritual Processes, Prana Vida Breathwork & Spiritual Psychology Coaching, S.I.S.T.E.R Process, Pranamation Technique, Spiritual Coaching, Kundalini Tantra Kriya-meditations-mantras, chakra work, astrology, human design and Business Coaching within Cultivate Your Higher Power, You do not have to engage in the Spiritual Psychology or Prana Vida Breathwork™️ You do not have to stay on any of the live calls or training with the Spiritual Psychology or Prana Vida Breathwork™️. You do not have to learn or facilitate the Spiritual Psychology or Prana Vida Breathwork™️ to receive your certification hours.  Use your own discretion. We have many other modalities and teachings. 

Limitation & Release of Liability: If you choose to engage in the Spiritual Psychology or Prana Vida Breathwork™️ or any spiritual coaching or business coaching with another member or Spiritual Psychology or Prana Vida Breathwork™️ or ‘Independent Contractor’ within Cultivate Your Higher Power, it is at your own risk.

By registering for and/or purchasing our Programs, Products, and Services, by checking the box next to “Accept” Terms of Service and clicking the “Purchase” button, you agree that  Cultivate Your Higher Power. should not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages when engaging in any and all spiritual work, Spiritual Psychology or Prana Vida Breathwork™️, or any coaching in any way connected with our Programs, Products, and Services. 

 

Therefore, you agree to release and do hereby release and forever discharge Cultivate Your Higher Power, including its shareholders, directors, officers, agents, employees, contractors, successors, and assigns, and their respective heirs, attorneys and other personal representatives, affiliates, successors and assigns, and any and all persons or entities liable or who might be claimed to be liable, whether or not herein named, none of whom admit any liability to the undersigned, but all expressly denying liability, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, which you now have or may hereafter have arising out of or in any way relating to any and all injuries and damages of every kind, to both person and property, and also any and all injuries and damages that may develop in the future, as a result of or in any way relating to the following: Spiritual Psychology or Prana Vida Breathwork™️, Subconscious work, quantum manifestesting, spiritual coaching, business coaching, any coaching, worksheet processes, and any and all education. 

INDEMNIFICATION

You agree to indemnify the Company, including our members, officers, employees, contractors, affiliates, agents, attorneys and other representatives, as well as any predecessors and successors (collectively, “Company”, “we”, or “us”) and hold us harmless from and against any and all claims, demands, causes of action, judgments, damages, losses, costs and expenses (including reasonable attorneys’ fees) (collectively, “Loss”) arising out of or incident to, either directly or indirectly, (1) any act or omission arising out of these Terms of Service, and (2) your gross negligence or willful misconduct. We will retain control over the defense of, and any resolution or settlement relating to, such Loss. You will cooperate with us and will provide reasonable assistance in defending any such claim. 

FORCE MAJEURE

We are committed to delivering our Programs, Products, and Services to the fullest extent possible. We shall not be liable or responsible to you for any delay or inability to deliver our Programs, Products, and Services or fulfill any term of these Terms of Service due to force majeure, acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, or other natural disaster or any foreseen/unforeseen human-initiated event or circumstance, explosion, governmental actions, war, invasion, or hostilities, terrorist threats or acts, riot, or other civil unrest, national emergency, epidemic, health or travel restrictions, quarantines, shelter-in-place or stay-at-home orders or precautions imposed by any government entity or agency, local, state or federal law or ordinance, revolution, insurrection, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

ALTERNATIVE DISPUTE RESOLUTION

We will attempt to resolve any dispute in connection with these Terms of Service on an amicable basis, through our prompt, good faith discussions and non-binding mediation, with a mutually agreed upon mediator, the cost of which will be split equally. Each party will be responsible for their own attorney’s fees, if any. Any dispute that we cannot resolve ourselves will be determined by final and binding arbitration in Grande Prairie, Alberta, Canada before a sole, mutually agreed upon arbitrator, who will award attorney’s fees and costs to the substantially prevailing party. Local counsil will administer the arbitration. The arbitration award will be in writing and specify the factual and legal bases for the award. Judgment may be entered in any court having jurisdiction. 

GOVERNING LAW & SEVERABILITY 

These Terms of Service will be governed by the province Alberta, without regard to principles of conflicts of law. If any part of these Terms of Service are invalid or unenforceable or in conflict with the law of any controlling jurisdiction, that provision will be severed from these Terms of Use and the validity of the remaining provisions will not be affected. 

ENTIRE AGREEMENT 

These Terms of Service have all of the terms of our relationship and constitute the entire agreement between us. These written terms are not subject to any oral agreements or understandings, and they can only be modified by written agreement signed by both of us. 

WAIVER 

The waiver by either party of a breach or violation of any provision of these Terms of Service does not constitute a waiver of any subsequent or other breach or violation.  

EFFECTIVE DATE

These Terms of Service shall commence and be enforceable upon the date that you agree and accept these Terms of Service by registering for and/or purchasing our Programs, Products, and Services, by checking the box next to “Accept” Terms of Service and clicking the “Purchase”or "Pay Now" button. 

By registering for, purchasing and/or using our Programs, Products, and Services, you acknowledge that you have reviewed and fully understand the terms and conditions of these Terms of Service.

If you have any questions about these Terms of Service, please contact us by email at Marianne@CultivateYourHigherPower.com 

Last Updated: March 2024

© Copyright 2024 Cultivate Your Higher Power. All Rights Reserved.

PAYMENTS, DEPOSITS + REFUNDS

All payments and deposits are non-refundable once submitted. Breathwork is big, life-changing, and paradigm-shifting work. Only sign up if you are 100% committed to the work and your soul's growth.

PAYMENT PLANS

Student agrees to pay in full and on time via the Payment Plan or Payment-in-Full. Payments are 100% non-refundable with no exceptions. In the event of a true and documentable emergency in which a student can no longer take the course in the time originally enrolled, Student may receive a credit for the monetary value they have invested, less a $150 USD administrative fee. This credit is available for use towards any Cultivate Your Higher Power product or offering for up to 2 years. 

The Student agrees and understands that the Payment Plan offered is non-negotiable and reflects any and all savings, special offers, or discounts attached to your enrollment. No further savings, discounts, or special offers will be applied after enrollment. All payment plans include administrative fees. 

If a payment installment fails, or if the Student is late to pay an installment, and the payment has not been successfully processed within 5 days, Cultivate Your Higher Power will freeze access to Student’s course until payment has been successfully processed. If Student does not pay an installment and fails to communicate with us to discuss a resolution, Student’s access to the course materials will be revoked. To obtain certification for any training or course, full payment of total tuition must be paid in full before receiving certification.

Student understands that we reserve the right to apply late fees at our discretion.

All Payment Plans include a small additional interest fee calculated based on the number of installments in the plan.

MEMBERSHIPS

All payments are non-refundable once submitted.

CANCELLED TRAININGS, RETREATS + INTENSIVES

In the event that a Training, Retreat or Intensive is cancelled by Cultivate Your Higher Power due to unforeseen circumstances or “Acts of God” out of their control, Student may receive a credit for the monetary value they have invested in the Intensive Tuition payment or Intensive Deposit. This credit is available for use towards any Cultivate Your Higher Power product or offering for up to 2 years. After this time, the student is subject to new fees and pricing, alongside any relevant transfer fees.

QUESTIONS

If you have any questions concerning our Terms Of Servive or Payment Policy, please contact us at: Marianne@cultivateyourhigherpower.com

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