TERMS AND CONDITIONS OF USE

Last Updated on May 30, 2023.

These are the official Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​for I AM ALISHA MORGAN located at Toronto, Ontario, herein known and referenced as “Company,” “Our,” “We,” and “Us.”

Our email is [email protected].  “You” and “Your” refers to users of this Company’s website, communications, offerings and related materials, herein known as “Offering.”

NOTICE: These​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​are​ ​legally​ ​binding.​ ​It​ ​is​ ​Your responsibility​ ​to​ ​read​ ​these​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​carefully​ ​prior​ ​to​ ​purchase, use,​ ​or​ ​access​ ​of​ ​any​ ​of​ ​Our​ ​products,​ ​including​ ​online​ ​courses.

GENERAL PROVISIONS

This website is owned and operated by Company.

You must be at least eighteen years of age to use Our website. Use of this website is at Your own risk. We host Our site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety of Your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.

TERMS​ ​OF​ ​SITE & ​PURCHASER​ ​AGREEMENT

All products ​are owned and provided by Company. These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s Offering. We reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this page.

You are legally bound to these Terms and Conditions of Use whether or not You have read them. If You do not agree with any of Our Terms and Conditions of Use, please email Us at the contact details listed at the top of this agreement,​ and We will make reasonable efforts to remove Your name, email, and access to Our Offering and website(s).

YOUR​ ​PRODUCT​ ​OR​ ​COURSE​ ​USE​ ​AND​ ​CONSENT

When You purchased Our Offering, You were given a reasonable notice that these Terms and Conditions of Use existed. By moving forward with Your purchase of the Offering and further access of the Offering, You implicitly agreed and continue to agree to abide by these Terms and Conditions of Use, as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.

You agree You are at least 18 years old or of the age of majority in Your applicable jurisdiction to access the Offering. Access of Our Offering and related materials by a minor is a violation of use, and We reserve the right to terminate Your access if such an issue is discovered.

INTELLECTUAL PROPERTY NOTICE

All images, text, designs, graphics, trademarks, and service marks are owned by and property of Company, or the properly attributed party. It is a violation of federal law to use any of Our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.

You may NOT use Our intellectual property in any way, which includes republishing any text, image, design, or other property on another website, or posting a quote or image from Our site to any third-party website including social media. We have spent a great deal of time and money building the intellectual property located on this site and in order to maintain the integrity of it, We cannot allow any third party use.

INTELLECTUAL PROPERTY

LIMITED​ ​LICENSE

Any and all materials, paid or free, that You access on this or any related domains that contain Our Offering are under the sole ownership or licensed use of Company.

To be clear, We own Our page layout and design, overall look and appearance, individual graphics, icons, videos, logos, taglines, and trademarks (common law or federally registered). You are not allowed to reproduce any part of Our website(s), program(s), product(s), service materials, or related communications.

You​ ​may:

• Access the Offering for Your personal use.
• Download and/or print any Offering materials for Your personal use .
• Use Our trademarks and copyrighted materials with Our consent and proper credit and marking, namely, using © with our Company name as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with ™.

You​ ​may​ ​not:

• Re-sell or trade Your access to the Offering.
• Share the Offering with anyone else who has not yet purchased it or opted in to receive it.
• Reprint or republish any of the Offering, in part or in whole.
• Distribute any of the materials contained in the Offering or related materials and/or communications as Your own, otherwise known as stealing.
• Reproduce and tweak any part or whole of the Offering for distribution as Your own work.
• Claim ownership or use over any of Our intellectual property without Our prior consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos, and more; trademarks such as names, logos, taglines, or other unique source identifiers; or trade dress including the look and feel of the Offering (and its related communications and materials).
• Use Our Offering or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).

REQUEST​ ​FOR​ ​PERMISSION​ ​TO​ ​USE​ ​CONTENT ​

If You wish to use, publish, or access any of Our content, Offering(s), or related materials, You must do so by requesting permission prior to commencing use of the same by emailing Us.

CIVIL​ ​AND​ ​CRIMINAL​ ​PENALTIES

Even though Our Offering is not necessarily something You can physically hold in Your hand and walk away with, it is nevertheless considered theft to steal, infringe, or otherwise violate these Terms and Conditions of Use. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in Our location​ by opting into or purchasing any Offering or accessing its related communications and/or materials.

SECURITY​ ​AND​ ​ASSUMPTION​ ​OF​ ​RISK

SECURITY

It is Your responsibility to secure Your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. To the best of Our abilities, We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe, Paypal, or other third party payment processors, as selected by You at checkout. ​By utilizing these payment processors to gain access to the Offering, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.

ASSUMPTION​ ​OF​ ​RISK

​By accessing Our Offering and/or related materials, whether paid or unpaid, You assume all the risk of Your access and any subsequent actions You choose to take as a result of the influence, information, or educational materials provided to You.

In order to participate in any Breathwork services provided by the Company, you must read the Breathwork Client Agreement Form that will be provided to you and sign it at least 24 hours prior to your scheduled session if you agree to its terms.

DISCLAIMERS

Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless Our website and company for any direct or indirect loss or conduct incurred as a result of Your use of Our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

While We may reference certain results, outcomes or situations on this website, You understand and acknowledge that We make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on this website. If You have medical, legal, or financial questions, You should consult a medical professional, lawyer, or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, related materials, products, courses, or the materials contained herein.

This website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let Us know, please email Us.

EARNINGS​ ​DISCLAIMER

​You agree that You understand individual outcomes will vary. Each individual approaches Our Offering(s) with different backgrounds, personal circumstances, motivation, and other factors that are outside of Our control. Therefore, We cannot guarantee Your success merely upon access or purchase of Our Offering(s) or related material(s).

GENERAL​ ​DISCLAIMER

To the fullest extent permitted by law, We expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by You or others in connection with Our Offering(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time, and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial, or other professionals, or if We are, during the course of this Offering and related material(s), We are not offering Our professional services and You expressly agree We are not acting in any professional capacity, including medical, legal, financial, or otherwise during the course of this Offering. This Offering is for educational and entertainment purposes only. None of the Offering or its related material(s) should be construed as medical, legal, or financial advice.

THIRD-​PARTY​ ​DISCLAIMER

​You acknowledge and agree that We are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including You.

WARRANTIES​ ​DISCLAIMER

​WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, OR SERVICES MATERIALS, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

TECHNOLOGY​ ​DISCLAIMER

​We make reasonable efforts to provide You with modern, reliable technology, software, and platforms from which to access Our Offering(s) and related material(s). However, in the event of a technological failure, You accept and acknowledge Our lack of responsibility for said failure, and while We will make reasonable efforts to support You, some technological issues are far outside Our control and will require You to access support from a third-party provider. To be clear, you hold Us and Flodesk, Inc. harmless from any claims arising out of any technological failure except in the unforeseen case of gross negligence, as determined by industry standards.

SESSION RECORDINGS

Sessions will be recorded for the purpose of review by purchasers of our Offerings. You consent to sessions being recorded. You also agree that you are not permitted to share session recordings. They are exclusively for your use.

ERRORS​ ​AND​ ​OMISSIONS

​We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in Our Offering(s). We are not liable for any inaccuracies, errors, or reliance on personal opinions contained in Our Offering(s) or related material(s).

INDEMNIFICATION,​ ​LIMITATION​ ​OF​ ​LIABILITY,​ ​AND​ ​RELEASE​ ​OF​ ​CLAIMS

INDEMNIFICATION

​​​You ​​agree​​ at ​​all​​ times​​ to​​ indemnify​​ and ​​hold​​ harmless​​ Our​​ Company, ​​as well​ ​as​ ​any​ ​of​ ​Our​ ​affiliates,​ ​agents,​ ​contractors,​ ​officers,​ ​directors,​ ​shareholders, employees,​ ​joint​ ​venture​ ​partners,​ ​successors,​ ​transferees,​ ​assignees,​ ​and​ ​licensees,​ ​as applicable,​ ​from​ ​and​ ​against​ ​any​ ​and​ ​all​ ​claims,​ ​causes​ ​of​ ​action,​ ​damages,​ ​liabilities, costs​, ​and​ ​expenses,​ ​including​ ​legal​ ​fees​ ​and​ ​expenses,​ ​arising​ ​out​ ​of​ ​or​ ​related​ ​to​ ​Our Offering(s)​ .

LIMITATION​ ​OF​ ​LIABILITY

​​​We​ ​will​ ​not​ ​be​ ​held​ ​responsible​ ​or​ ​liable​ ​in​ ​any​ ​way​ ​for​ ​the information,​ ​products,​ ​or​ ​materials​ ​that​ ​You​ ​request​ ​or​ ​receive​ ​through​ ​or​ ​in​ ​relation​ ​to​ ​Our Offering(s).​ ​We​ ​do​ ​not​ ​assume​ ​liability​ ​for​ ​any​ ​third​ ​party​ ​conduct,​ ​accidents,​ ​delays,​ ​harm, or​ ​other​ ​detrimental​ ​or​ ​negative​ ​outcomes​ ​as​ ​a​ ​result​ ​of​ ​Your​ ​access​ ​of​ ​Our​ ​Offering(s) and​ ​related​ ​material(s).

TERMINATION

If at any time We feel You have violated these Terms and Conditions, then We shall immediately terminate Your use of Our services and any related communications as We deem appropriate. It is within Our sole discretion to allow any user’s access of Our services, and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our site(s).

FINANCIAL​ ​CONSIDERATIONS

PURCHASES AND PAYMENT

You authorize Us to charge your chosen payment provider for the total amount stated on Your checkout cart screen. You agree to abide by the terms and conditions of Your card issuer agreement and any other applicable third party agreement that may affect Your purchase with Us. You agree to provide current, accurate and complete details as requested to process your payment. If necessary, You agree to update your payment information in a timely manner so We can complete any outstanding orders and/or contact You as needed.

We reserve the right to change our prices for new purchases at any time.

You agree to pay any applicable shipping and/or handling fees as stated on your checkout cart screen.

ERRORS OR MISTAKES IN PRICING

We reserve the right to correct any errors or mistakes in pricing, even if We have already received payment. Any such changes will be conveyed in writing via email to notify You of Our correction and to allow You to take the most appropriate action in the event of such a correction or mistake.

REFUNDS AND RETURN POLICY

Due to the nature of the services and/or products provided, refunds will not be given unless otherwise specified in writing.

PROMOTIONAL PRICING DEVICES AND PRICE ADJUSTMENTS

We are not able to accommodate a price adjustment after Your purchase.

CHARGEBACKS

​​You agree to make every attempt to file a refund prior to attempting a chargeback with Your financial institution. In the event of a chargeback attempt, You expressly agree to forfeit any and all of Our bonuses, affiliate bonuses, or other materials afforded to You in exchange for Your original purchase of Our Offering. We reserve the right to present proof of Your access and these Terms and Conditions of Use to the financial institution investigating the dispute.

REVOCATION​ ​OF​ ​ACCESS

​You have the unilateral right to terminate Your use and access to any of Our Offering(s). Please send an email to Us to initiate this process. Termination will not excuse You of further payment. Upon confirmation of Your termination, any and all outstanding balances will become immediately due and payable. Any existing balance that remains after 14 days from the date of termination will be sent to a collections agency, and You agree to be responsible for any additional charges, fees, or costs associated with such a collection effort, including but not limited to reasonable attorney’s fees and court costs.

CURRENCY

All payments will be processed in CAD Dollars.

TAXES

If indicated, sales taxes will be applied to your order as required by law in either Your or Our local area(s).

ORDER REVERSAL OR CANCELLATION

We reserve the right to refuse to fulfill any order placed on Our website, in part or in full, and will issue a refund accordingly. We reserve the right to limit or cancel quantities purchased by any given user or household at our sole discretion. We may restrict order quantities based on personal data provided by You, such as orders placed under the same customer account, orders placed on the same payment method, and/or orders that use the same billing and/or shipping address.

NO RESELLING OR DISTRIBUTION OF OUR PRODUCTS

We expressly prohibit orders that, in Our sole discretion, appear to be placed in an attempt to resell Our products. We expressly prohibit orders placed by resellers, dealers, distributors or wholesalers and will ban Your access to Our site in any lawful way possible if we discover your prohibited use(s).

DISPUTE​ ​RESOLUTION

​If You and Our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then You explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action.

NON-DISPARAGEMENT

​If You are found to be slandering, libeling, or otherwise disparaging Our Company, Offering(s), or related materials at Our discretion, You will be immediately removed from the Offering(s) and any related communications. We reserve the right to file a civil claim of action against You for any such damaging actions You take that materially harm Our Company.

ENTIRE AGREEMENT

Before You register with Our website or make any purchases therefrom, You will be asked to consent to Our Privacy Policy (see below). If You have consented, or once You do consent, the terms of the Privacy Policy together with these Terms and Conditions, the information contained herein constitutes the entire agreement between site users and Our company relating to the use of this website.

LAW AND JURISDICTION

These Terms and Conditions of Use and Privacy Policy are governed by and construed in accordance with Our country’s law. Any dispute arising out of or related to the information contained herein is subject to adjudication in Our company’s local courts.

CONSENT

By using Our website, You hereby consent to Our Terms and Conditions of Use and Privacy Policy.

If You require any more information or have any questions about Our Terms and Conditions of Use, or Our Privacy Policy, please feel free to contact Us by email.

ALL​ ​RIGHTS​ ​RESERVED​

All rights not expressly granted in these Terms and Conditions of Use and Privacy Policy or any express written here, are reserved by Company.

SEVERABILITY

If any part of these Terms and Conditions of Use and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

PRIVACY POLICY

Last updated on February 20, 2023:

I AM ALISHA MORGAN is committed to safeguarding and protecting your privacy.

This Privacy Policy describes the information we collect through the website www.iamalishamorgan.com (the “Site”) and information collected for email marketing and sales purposes, and how we collect and use that information.

The terms “we,” “us,”and “our”refers to I AM ALISHA MORGAN. The terms “user,” “you,” and “your” refer to Site visitors, customers, and any other users of the Site. The term “personal information” is defined as information that you voluntarily provide to us that personally identifies you and/or your contact information, such as your name, phone number, and email address. The term “service” refers to physical products, private coaching, group programs, speaking engagements, workshops and any other offers provided by us, paid or free. Use of www.iamalishamorgan.com, including all materials presented herein and all online services provided by I AM ALISHA MORGAN, is subject to the following Privacy Policy.

This Privacy Policy applies to all Site visitors, customers, and all other users of the Site. By visiting www.iamalishamorgan.com, you are consenting to this Privacy Policy, without modification, and acknowledge reading it.

AGE LIMITATION

To access or use the Site or access our services, you must be 18 years old or older and have the requisite power and authority to enter into this Privacy Policy. No one under the age of 18 may provide any information to or on our Site.  We do not knowingly collect, use or disclose personal information about visitors under 18 years of age. If you are under 18 years of age, you must immediately stop using our Site and not provide any information to us through any function on our Site.

INFORMATION WE COLLECT

We may collect, store and use the following information that you voluntarily provide to us:

- First and last names

- Email address

- Phone number

- Date of birth

- Home address

- Any other information you may choose to share with us

The information you voluntarily provide is used to:

- facilitate your use of our services.

- enable the processing of transactions for our services.

- send you email notifications which you have specifically requested.

- send to you our newsletter and other marketing communications relating to our business which we think may be of interest to you, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications).

- provide third parties with statistical information about our users – but this information will not be used to identify any individual user.

- deal with enquiries and complaints made by or about you relating to the website.

The following information may also be collected by our website hosting platform, Squarespace, by our email marketing and sales page hosting platform, Flodesk, and by our payment processor, Stripe:

- information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type, referral source, length of visit and number of page views)

- your name, credit card information and mailing address

To review Squarespace’s privacy policy, click this link: https://www.squarespace.com/privacy. For Flodesk’s privacy policy click this link: https://flodesk.com/privacy-policy and for Stripe’s privacy policy, click this link: https://support.stripe.com/topics/privacy .

This type of information is used to administer the Site and provide the highest possible level of service to you. We also use this information in the aggregate to perform statistical analyses of user behaviour and characteristics in order to measure interest in and use of the various areas of the Site.

Where you submit personal information for publication on our website (for example, a testimonial for our services), we will publish and otherwise use that information in accordance with the license you grant to us.

We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing.

COOKIES

A cookie consists of information sent by a web server to a web browser, and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.

Both "session" cookies and "persistent" cookies may be used on the Site. Session cookies are used to: keep track of you while you navigate the Site. Persistent cookies are used to: enable the Site to recognize you when you make subsequent visits to the Site.

Session cookies will be deleted from your computer when you close your browser. Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.

Most browsers allow you to reject all cookies, while some browsers allow you to reject just third party cookies. If you choose to disable cookies, some areas of the Site may not work properly or at all.

THIRD PARTY WEBSITES

The Site may contain links to other websites. We are not responsible for the privacy policies or practices of third party websites. Please refer to those companies’ websites in regards to their policies and practices regarding privacy.

DISCLOSURES

We may disclose information about you:

- to the extent that we are required to do so by law.

- in connection with any legal proceedings or prospective legal proceedings.

- in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).

Except as provided in this Privacy Policy, we will not provide your information to third parties.

SECURITY OF YOUR PERSONAL INFORMATION

We maintain security measures to protect your personal information from unauthorized access, misuse, or disclosure. However, no exchange of data over the Internet can be guaranteed as 100% secure. While we make every effort to protect your personal information shared with us through our Site, you acknowledge that the personal information you voluntarily share with us through this Site could be accessed or tampered with by a third party. You agree that we are not responsible for any intercepted information shared through our Site without our knowledge or permission. Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.

RETENTION OF YOUR PERSONAL INFORMATION

We generally retain your information only as long as is reasonably necessary to provide you with our services or until you request that we delete your information. Any information we no longer need will be permanently deleted.

FOR RESIDENTS OF THE EUROPEAN UNION

If you are within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation. Those rights include:

We will retain the information you choose to provide to us until the earlier of: (a) you asking us to delete the information, (b) our decision to cease using our existing data providers, or (c) the Company decides that the value in retaining the data is outweighed by the costs of retaining it.

You have the right to request access to your data that the Company stores and the rights to either rectify or erase your personal data.

You have the right to seek restrictions on the processing of your data.

You have the right to object to the processing of your data and the right to the portability of your data.

To the extent that you provided consent to the Company’s processing of your personal data, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.

You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.

We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.

UPDATING YOUR PERSONAL INFORMATION

If you opt-in to our mailing list, the option to unsubscribe will be included in every email. You may access and correct your personal information and privacy preferences by contacting us via email at [email protected].

CHANGES TO THE PRIVACY POLICY

We may update this Privacy Policy from time-to-time by posting a new version on the Site. You acknowledge and agree that it is your responsibility to review this Site and this Privacy Policy periodically and to be aware of any modifications.

CONTACT

If you have any questions about this Privacy Policy or our treatment of your personal information, please write to us by email at [email protected].