To provide the most transformative and best experience possible, we require that each person that books a retreat with BREATHE IN GREECE (we refer to each such person simply as “Participant”) agrees to this Participant Release and Waiver of Liability, Promise Not To Sue, Assumption of Risk, and Indemnity Agreement (“Agreement”).
PLEASE READ THIS AGREEMENT CAREFULLY. THIS IS A LEGAL DOCUMENT AFFECTING THE LEGAL RIGHTS OF EACH PARTICIPANT THAT BOOKS OUR SERVICES.
By booking a retreat and/or meditation class (“Services”), Participant demonstrates a desire to experience the BREATHE IN GREECE journey, an experience provided by THALASSA BLUE INC., a Nova Scotia limited liability company (the “Company”). As good and valuable consideration for being permitted by the Company to experience this Services, Participant agrees to all of the terms and conditions set forth in this Agreement.
ACKNOWLEDGEMENT OF RISKS. The participant is aware and understands that the Services may involve physical activities, including, but not limited to, yoga, meditation, and/or pilates that inherently involves potential risks and dangers.
ASSUMPTION OF RISKS. NOTWITHSTANDING THE RISKS AND DANGERS INHERENT IN EXPERIENCING THE ANY OF THE SERVICES, PARTICIPANT AGREES TO ASSUME ANY AND ALL RISKS CONNECTED WITH THE EXPERIENCE, EVEN IF ARISING FROM THE NEGLIGENCE OF ANY “RELEASEES” NAMED BELOW OR OTHERS.
NO LIABILITY FOR POSSESSIONS. It is each Participant’s sole responsibility to ensure that their possessions are kept safe at all times. Company shall have no responsibility or liability with respect to this Section 3.
LIABILITY WAIVER, RELEASE AND PROMISE NOT TO SUE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PARTICIPANT AGREES TO WAIVE, RELEASE AND FOREVER DISCHARGE ANY AND ALL CLAIMS, NOW KNOWN OR HEREINAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD, AGAINST THE COMPANY AND ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, AND THIRD PARTY SERVICES PROVIDERS (COLLECTIVELY, “RELEASEES”) IN CONNECTION WITH OR RELATED TO THE SERVICES, WHETHER ARISING OUT OF THE NEGLIGENCE OF ANY RELEASEES OR OTHERWISE. PARTICIPANT ALSO PROMISES NOT TO BRING OR ASSERT (OR PERMIT A THIRD PARTY, INCLUDING PARTICIPANT’S HEIRS, FAMILY MEMBERS, EXECUTORS OR ADMINISTRATORS, TO BRING OR ASSERT) ANY CLAIM, DEMAND, SUIT OR ACTION WHATSOEVER THAT PARTICIPANT MAY NOW OR IN THE FUTURE HAVE AGAINST THE RELEASEES THAT ARISE OUT OF OR ARE CONNECTED WITH ANY SERVICES OR THE USE AND EXERCISE OF THE RIGHTS GRANTED TO THE COMPANY IN THIS AGREEMENT. SUCH CLAIMS, DEMANDS, SUITS AND ACTIONS INCLUDE, BUT ARE NOT LIMITED TO, NEGLIGENCE, LIBEL, VIOLATION OF PRIVACY RIGHTS, EMOTIONAL DISTRESS/PAIN AND SUFFERING, LOSS OF/DAMAGE TO PROPERTY, DEATH, OR BODILY INJURY.
RELEASE AND WAIVER OF UNKNOWN CLAIMS.
INDEMNITY. PARTICIPANT AGREES TO HOLD HARMLESS, DEFEND, AND INDEMNIFY EACH OF THE RELEASEES FROM ANY LOSS, LIABILITY, CLAIM, DAMAGE, JUDGMENT, LEGAL FEES OR COSTS ARISING FROM, INCURRED DUE TO, OR OTHERWISE IN CONNECTION WITH THE SERVICES, WHETHER ARISING FROM THE NEGLIGENCE OF ANY RELEASEES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.
NOTICE OF FILMING OR RECORDING. Participant understands that Participant may be photographed, filmed, or otherwise recorded in connection with the Retreat. Participant understands and agrees that all photographs, audio recordings, and video footage taken of Participant during the retreat or meditation class, and any works derived therefrom, will be the sole property of the Company and that the Company may, but does not have the obligation to, share such photographs, audio recordings, or video footage with Participant. The Company or other parties may use such recordings as provided in Section 7.
PARTICIPANT NAME AND LIKENESS. When Participant appears in, creates, uploads, posts, or sends any photographs, audio recordings, or video footage depicting or relating to the their participation in the Services, Participant grants the Company the unrestricted, worldwide, royalty-free, perpetual right and license (with the right to transfer or sublicense) to use Participant’s name, likeness, voice, and all other aspects of Participant’s persona for the purpose of operating, developing, providing, promoting, advertising, and improving the Services or Company in general or any other products or services provided by the Company or its sublicensees (in either case, now known or developed later). This means, among other things, that Participant will not be entitled to any compensation from the Company, its affiliates, or its business partners if Participant’s name, likeness, or voice is used in the Company’s promotions, whether on the Company’s websites, social media channels, or otherwise.
PARTICIPANT CONTENT. If Participant creates, uploads, posts or sends any photographs, audio recordings, or video footage depicting or relating to the Services or Company, Participant grants the Company and its affiliates the irrevocable, unrestricted, worldwide, perpetual, royalty-free, sublicensable, and transferable right and license to use, display, reproduce, perform, modify, transmit, publish, and distribute such photographs, audio recordings, or video footage for any purpose whatsoever in any and all media (in either case, now known or developed later). Participant also agrees to not exploit any photographs, audio recordings, or video footage of the Services or Company for any commercial purpose without the Company’s prior written consent.
FITNESS AND RESPONSIBLE BEHAVIOR. Participant represents that Participant (and any other people under Participant’s responsibility or control): (a) is not under the influence of any alcohol, drugs or medications that would alter their senses or judgment, (b) is aware of any physical, emotional, or other condition such as a heart condition, back condition, history of seizures, and/or sensitivity that would create a hazard to Participant or others as a result of participating in any of the Services; (c) is physically fit and able to undertake conditions involved in experiencing the Services; and (d) will act responsibly during his or her travels while on the retreat (if applicable).
EMERGENCY MEDICAL CARE. Participant authorizes and consents to emergency medical care and transportation to obtain treatment in case of injury, as the Company may deem appropriate. Participant expressly agrees to be solely financially responsible for such care and acknowledges that Participant is solely responsible for carrying his or her own health insurance. The waiver and release of liability in this Agreement extends to any liability arising out of or in any way connected with any such medical treatment and transportation Participant receives or any failure to provide such treatment or transportation, whether arising from the negligence of any of the Releasees or otherwise.
FORCE MAJEURE. THALASSA BLUE Inc. and BREATHE IN GREECE reserves the right, at its sole and absolute discretion, to postpone or cancel any Services caused by circumstances beyond its control at any time, including, but not limited to, the following occurrences: an act of God, strike, lockout, weather, equipment malfunction, motor vehicle accident, road and/or airport delays, unexpected closures, fires, natural disasters, explosion, failure to timely receive appropriate permits, consents, licenses, labour disputes or any other situation posing a potential or actual threat to the safety and well-being of any Participant without any responsibility or liability to Participant. In such force majeure events, the Participant acknowledges that no refund shall be granted, and all payments will be credited to a scheduled retreat within two (2) years of the canceled retreat.
RESERVATION OF RIGHT TO CHANGE INSTRUCTORS AND VENUE. THALASSA BLUE Inc. and BREATHE IN GREECE is committed to providing the best Services and experience possible and therefore, we must reserve the right to change instructors and/or venue of the Services at any time without any liability to Participant.
INVALIDITY. Participant expressly agrees that the terms of this Agreement are intended to be as broad and inclusive as is permitted under the laws of the Province of Nova Scotia. If any portion (e.g., paragraph or sentence) of this Agreement is held invalid, illegal, or unenforceable to any extent and for any reason by any court of competent jurisdiction, such portion will be excluded to the extent of such invalidity or unenforceability; all other terms of this Agreement will remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term will be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
MISCELLANEOUS. This Agreement states the complete understanding as to its subject matter. Participant understands this Agreement is legally binding on Participant, and Participant’s heirs, personal representatives, and assigns, and all matters arising from, relating to, or connected will be governed by and interpreted under the laws of the Province of Nova Scotia and the country of Canada, without regard for any principles that would cause the application of the laws of any other jurisdiction. Any claim or action (regardless of form) connected with, arising from, or relating to this Agreement or Company will be filed only in a Provincial court located in the Province of Nova Scotia, and the Company and Participant irrevocably consent and submit to the personal jurisdiction of such courts and waive any claim that such courts are an inconvenient forum or venue.
MINIMUM AGE REQUIREMENTS. For retreats, Participant confirms that he or she is over the age of 27. For all other Services, Participant confirms that he or she is over the age of 18.
BY BOOKING ANY SERVICES, PARTICIPANT UNDERSTANDS THAT HE OR SHE IS VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASEES.
This policy was last modified on November 30, 2019.
As a small business that sells and operates online, we believe that our customers’ privacy is of the utmost importance. We want you to have complete access to our policies and procedures, so that you may understand the ways you can control how we collect, use, and disclose your personal information.
What information do we collect?
We collect personal data and non-personal data about you. “Personal Data” means any data that allows someone to identify you.
Examples of Personal Information Collected
We automatically receive your computer’s device ID (“Device ID” means an ID that is unique to the device or browser on which you access our Site), internet protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and date/time stamp for your visit. This helps us know more about your browser and operating system. You may, however, visit our site anonymously.
Do we use "Cookies"?
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Firefox or Google Chrome) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many features that make your Site experience more efficient and some of our services will not function properly.
How do we use your information?
We may use the information we collect from you when you purchase products, respond to marketing communication, browse the Site, or use certain other Site features in the following ways:
How do we protect visitor information?
We realize that our customers trust us to protect their Personal Data. We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems and are required to keep the information confidential. Credit card payment is processed through Stripe, Paypal, Wave and Zapier. For more information visit each company’s website. While we attempt to protect the information in our possession, no security system is perfect, and we cannot promise that information about you will remain secure in all circumstances.
Do we disclose the information we collect to third parties?
We do not sell, trade, or otherwise transfer to third parties your Personal Data unless we provide you with advance notice, except as otherwise described below. The term "third parties" does not include our business. It also does not include website hosting partners and other parties who assist us in operating our Site conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our Site policies, or protect ours or others' rights, property, or safety.
Social Networks. If you use any features made available to you on our Site by a third party (i.e, Facebook) it may result in information being collected or shared between us and the third party. For example, if you use Facebook’s “Like” feature, Facebook may register the fact that you “liked” a product or services and may post that information on Facebook.
Other Third-Party Service Providers. We may share your Personal Data with companies that perform services for us, such as fulfilling orders, sending postal mail and e-mails, analyzing customer data, providing marketing assistance, processing credit card payments, investigating fraudulent activity, and providing customer service. If you do not want us to share your information for marketing purposes, simply contact us via the Contact Us link below and we will manually process your order for you, however, we may still send you service and transaction related communications.
You can make the following choices regarding your Personal Data:
Promotional Emails. You may choose to provide us with your email address for the purpose of allowing us to send free newsletters, offers, and other promotional materials related to Thalassa Blue Inc. and Breathe In Greece. You can opt out of receiving these emails at any time by following the instructions in the email or by contacting us directly. If you decide not to receive promotional emails, we may still send you service and transaction related communications.
Behavioral Advertising On Websites: Our Site may participate in third party behavioral advertising. This means that a third party may use technology (e.g., a cookie) to collect information about your use of our Site so that they can provide advertising about products and services tailored to your interests. That advertising may appear either on our Site, or on other websites not operated by Breathe In Greece If you do not want third parties who collect information about your use of our Site or to tailor any of the advertising that you see, you can opt-out at the Digital Advertising Alliance in the US, the Digital Advertising Alliance of Canada in Canada, or the European Digital Advertising Alliance in Europe.
Effect Of Opting Out Of Behavioral Advertising. Please note that opting-out of behavioral advertising does not mean that you will not receive advertising while visiting our Site. It will, however, exclude you from interest-based advertising conducted through participating networks, as provided by their policies and choice mechanisms.
Changes To Your Personal Data. Thalassa Blue Inc. and Breathe In Greece relies on you to provide accurate and complete information. Please note that Thalassa Blue Inc. and Breathe In Greece may keep historical information and content in our backup files and archives as permitted by law and to the extent we anticipate that the information may be required in connection with the original purpose of the collection, or as otherwise permitted or required by law or our legitimate interest to comply with foreign law.
We do not intentionally collect any personal information from children under the age of 13. If you are under the age of 13, you can look at our websites, but you should not make a purchase, register, or submit personal information to us. If you feel that we have collected data on a child, please reach out to us at the Contact Us link below so that we can take appropriate action.
Users Outside Canada
If you are a non-Canadian user of the Site, by visiting the Site and providing us with data, you understand and agree that the data you provide to us may be processed for the purposes listed in this Policy. You also understand and agree that the data you provide to us may be processed in Canada. Canadian laws regarding the processing of data may be less stringent than the laws of your country. By providing your data, you consent to this processing.
Residents of the European Economic Area
Upon request, residents of the EEA have the right to access the information we process about you, and to request that we correct, modify, or erase that information. You also have the right to opt out of or restrict certain types of processing subject to applicable legal restrictions and our legitimate interest to comply with foreign law. If you have any questions or you would like to exercise any of these rights, please reach out to us at the Contact Us link below. We may take reasonable steps to verify your identity before granting access or making corrections.
If we need, or are required, to contact you concerning any event that involves your Personal Data we may do so by e-mail, telephone, or mail.
This policy was last modified on November 30, 2019.
Welcome to THALASSA BLUE, INC. and BREATHE IN GREECE (“THALASSA BLUE”, “BREATHE IN GREECE,” “we,” ”us” and “our”) a website dedicated to providing authentic experiences through wellness focused workshops and retreats in Greece.
The BREATHE IN GREECE website is owned by THALASSA BLUE Inc. This Terms of Service (this “Agreement”) apply to all of the products, services and the website located at https://breatheingreece.com and https:/thalassablue.com offered by THALASSA BLUE Inc., and any applications created by THALASSA BLUE Inc. whether available through a social networking site (the “Site”). The Site provides an online marketplace for products and services we offer to create authentic experiences (together with the Site, the “Services”).
PLEASE READ THIS AGREEMENT VERY CAREFULLY BEFORE USING THE BREATHE IN GREECE or THALASSA BLUE INC. WEBSITES.
Acceptance of Terms
This Agreement constitute a legally binding agreement made by and between THALASSA BLUE Inc. and BREATHE IN GREECE and the user of this Site (personally and, if applicable, on behalf of the entity for whom you are using the Site; collectively, “you”).
BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT, WHICH CONTAINS PURCHASE TERMS, AN ARBITRATION AGREEMENT AND OPT-OUT CLAUSE, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS.
If you do not agree to this Agreement and to follow all applicable laws, then please cease access or use of the Site and Services immediately.
If you have any questions about this Agreement, please contact us directly.
If you access any Site on a social media network (such as, Facebook, etc.), you also consent to and agree to abide by the terms and conditions of that social media network.
Content on Our Site
Intellectual Property Rights. All materials on the Site or used in connections with the Services, including, without limitation, names, logos, trademarks, images, texts, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by THALASSA BLUE Inc. and BREATHE IN GREECE or by third parties that have licensed or otherwise provided their material to THALASSA BLUE Inc. and BREATHE IN GREECE. No Material may be copied, reproduced, republished, sold, posted, transmitted, or distributed in any away, or otherwise used for any purpose, by any person or entity, without THALASSA BLUE Inc. and BREATHE IN GREECE’s prior express written permission. Nothing contained on the Site should be interpreted as granting to you any license or right to use any of the Materials and/or third party proprietary content on the Site without the express written permission of THALASSA BLUE Inc. and BREATHE IN GREECE or the appropriate third-party owner, as applicable.
THALASSA BLUE Inc. and BREATHE IN GREECE reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Site and/or Services offered on or through the Site (or any part thereof), including, but not limited to the Site features, look and feel, and functional elements and related services.
Third-Party Content. Our Site contains content that we create as well as content provided by third parties. We do not monitor, we do not endorse, and we are not liable for any third-party content. There may be some inadvertent accuracies or errors in the content and we do not guarantee the accuracy, integrity, completeness or quality of the content on our Site or located at third party URLs that may be posted on our Site. THALASSA BLUE Inc. and BREATHE IN GREECE is not responsible or the content on any linked site or any link contained in a linked site. We do not endorse or accept responsibility for the content of such third-party sites.
Third-Party Venues. The Services available on our Site are held at venues (e.g., hotels, villas, workshop venues, and other various event spaces) that operate independently and have entered into agreements with us to provide the services available to you on the Site. THALASSA BLUE Inc. and BREATHE IN GREECE is not responsible or liable for the venue and safety and does not verify their compliance with applicable laws or regulations. In addition, THALASSA BLUE Inc. and BREATHE IN GREECE does not guarantee the quality of these venues, nor does it guarantee the services provided by any third party at the venue. THALASSA BLUE Inc. and BREATHE IN GREECE also does not independently verify representations made by these venues regarding their independent services or operation. YOU AGREE TO ASSUME ANY AND ALL RISKS ARISING FROM THE VENUE IN CONNECTION WITH THE THALASSA BLUE Inc. and BREATHE IN GREECE EXPERIENCE.
Your Conduct on Our Site
Eligibility. To use the Site, you must be, and represent and warrant that you are, of legal age (18 years of age or older and in the case of participating in our retreats, you must be at least 27 years of age) and competence. By using the Site on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Site constitutes that third party’s acceptance of This Agreement. In addition, if you have been previously prohibited from accessing the Site or the website of any of our affiliates, you are not permitted to access the Site.
Prohibited Conduct. You agree not to copy or imitate the appearance, design or style of our Site or any content. The technology and software underlying our Site and the Services are the property of THALASSA BLUE Inc. and BREATHE IN GREECE, our affiliates and/or our business partners. You agree that you will not use our Site or its content to take any of the following actions:
You understand the Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to the rules set by THALASSA BLUE Inc. and BREATHE IN GREECE and/or content providers who provide content to THALASSA BLUE Inc. and BREATHE IN GREECE. You may not attempt to override, disable, circumvent or otherwise interfere with an such security components and usage rules embedded into the Services.
License to Your Postings
By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “Posting”) any comments or feedback on or through the Site, you hereby grant THALASSA BLUE Inc. and BREATHE IN GREECE a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publish, publicly perform, publicly display, store, reproduce, transmit, distribute. And otherwise make available such Posting on and through the Site and Services, in print, or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your consent. If you wish to remove any Posting from the Services, your ability to do so may depend on the location and manner of the Posting, and other factors. You may contact THALASSA BLUE Inc. and BREATHE IN GREECE at firstname.lastname@example.org to request removal of certain comments you have Posted, but THALASSA BLUE Inc. and BREATHE IN GREECE has no obligation to remove any such Postings, and we may choose whether to do so in our sole discretion and make no guarantee as to the complete deletion of any such Postings and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any Postings by you may remain on THALASSA BLUE Inc. and BREATHE IN GREECE’s servers after the Posting appears to have been removed from the Service, and THALASSA BLUE Inc. and BREATHE IN GREECE retains the rights to all such remaining copies. You represent and warrant that: (a) you own all right, title and interest in all Postings by you on or through the Site or the Service, or otherwise have the right to grant the license set forth in this Section, and (b) the Posting on or through the Site or Service does not violate the privacy rights, publicity rights, copyrights, publishing, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
DCMA Copyright Infringement Takedown Policy
Infringement Notification. THALASSA BLUE Inc. and BREATHE IN GREECE respects the rights of others and we expect users of our Site and Services to do the same. This Agreement prohibits the infringement of the copyrights of others, and it is also our policy that we may remove, suspend, terminate access, or take other appropriate action against repeat offenders.
How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through our Site infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement via this link.
Send such notice with the information that sets forth the items specified below:
Terms of Sale. By placing an order on the Site, you authorize THALASSA BLUE Inc. and BREATHE IN GREECE to charge your credit or debit card utilized as the payment method to obtain the relevant funds. You represent and warrant that you have the legal rights to use the payment card with any such order or transaction.
Changes to Retreats and Events. THALASSA BLUE Inc. and BREATHE IN GREECE reserves the right, at its sole and absolute discretion, to postpone or cancel any Services caused by circumstances beyond its control at any time, including, but not limited to, the following occurrences: an act of God, strike, lockout, weather, equipment malfunction, motor vehicle accident, road and/or airport delays, unexpected closures, fires, natural disasters, explosion, failure to timely receive appropriate permits, consents, licenses, labor disputes or any other situation posing a potential or actual threat to the safety and well-being of any Participant without any responsibility or liability to Participant. In such force majeure events, the Participant acknowledges that no refund shall be granted, and all payments will be credited to a scheduled retreat within two (2) years of the canceled retreat.
Cancellation by you. You may cancel your booking at any time. Depending on when you cancel, cancellation fees may apply.
However, if another person can be found to take your place, then we may offer you a partial or full refund at our discretion.
Refunds and returned payments are normally settled within 120 working days of the date of cancellation. Once the retreat has begun, no refund or part refund or unused portion of the retreat will be repaid in the event of cancellation by you.
Bookings are for the stated period of the retreat. There are no refunds for an unused portion of the retreat. If the reason for cancellation is covered under the terms of your Insurance Policy, you may be able to make a claim on your insurance.
Cancellation by us
THALASSA BLUE Inc. and BREATHE IN GREECE always caters for the best of its guests and canceling a retreat will always be the very last option. However, if THALASSA BLUE Inc. and BREATHE IN GREECE must cancel or change a scheduled retreat date for any reason whatsoever, you’re entitled to transfer your full retreat payment to another retreat (either scheduled or at some future time).
Alternatively you may request a refund of your applicable payment.
THALASSA BLUE Inc. and BREATHE IN GREECE is not responsible for your expenses incurred in preparation for any cancelled retreat, such as other accommodation, airline tickets, loss of work, and/or other costs associated with preparing for your trip.
THALASSA BLUE INC. and BREATHE IN GREECE is committed to providing the best Services and experience possible and therefore, we must reserve the right to change instructors and/or venue of the Services at any time without any liability to you.
Health Disclaimer. PHYSICAL ACTIVITIES, IN ALL OF ITS FORMS AND WITH OR WITHOUT THE USE OF EQUIPMENT (I.E., CLASSES MAY INCLUDE, BLOCKS, STRAPS OR ANY OTHER EQUIPMENT THAT MAY BE SUGGESTED BY THE INSTRUCTOR), IS A STRENUOUS PHYSICAL ACTIVITY. ACCORDINGLY, YOU ARE URGED AND ADVISED TO SEEK THE ADVICE OF A PHYSICIAN OR HEALTH AND FITNESS PROFESSIONAL BEFORE THE RETREAT OR OTHERWISE BEGINNING ANY PHYSICAL EXERCISE REGIMEN, ROUTINE, OR PROGRAM THROUGH THE SERVICES (SUCH AS YOGA AND PILATES CLASSES). THALASSA BLUE INC. AND BREATHE IN GREECE IS NOT A MEDICAL OR MENTAL HEALTH ORGANIZATION AND ITS INSTRUCTORS OR STAFF CANNOT GIVE YOU MEDICAL OR PSYCHOLOGICAL/PSYCHIATRIC ADVICE OR DIAGNOSIS. ANY ADVICE RECEIVED SHOULD NOT BE RELIED UPON FOR YOUR PERSONAL, MEDICAL, PSYCHOLOGICAL WELL-BEING OR FOR ANY OTHER REASON, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. WITH RESPECT TO ANY PHYSICAL ACTIVITIES, ALL COMMENTS RELATING TO THE USE OF EQUIPMENT, POSES, MOVES AND INSTRUCTION ARE NOT REQUIRED TO BE PERFORMED BY YOU AND ARE CARRIES OUT AT YOUR ELECTION WHILE IN THE CLASS. NOTHING CONTAINED ON THE SITE OR OTHER PRODUCTS OR SERVICES OFFERED BY BREATHE IN GREECE SHOULD BE CONSTRUED AS ANY FORM OF SUCH MEDICAL OR MENTAL HEALTH ADVICE, DIAGNOSIS OR SUBSTITUTE FOR PROFESSIONAL CONSULTATION.
By using the Services you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental capabilities of such activities. It is your responsibility to ensure that by participating in classes and activities from THALASSA BLUE INC. and BREATHE IN GREECE, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for a mental or physical conditions and/or limitations you may have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against THALASSA BLUE INC. and BREATHE IN GREECE, or any person or entity involved with THALASSA BLUE INC. and BREATHE IN GREECE, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE SITE OR SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMITTED BY LAW, THALASSA BLUE INC. AND BREATHE IN GREECE, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. THALASSA BLUE INC. AND BREATHE IN GREECE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITE OR SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR SERVICES, (III) UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES, (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILS TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR SERVICES.
THALASSA BLUE INC. AND BREATHE IN GREECE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, SERVICES, OR ANY HYPERLINKED WEBSITE, AND THALASSA BLUE INC. AND BREATHE IN GREECE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
NO CONSEQUENTIAL DAMAGES. IN NO EVENT, AS PERMITTED BY THE FULLEST EXTENT OF APPLICABLE LAW, WILL THALASSA BLUE INC. AND BREATHE IN GREECE, AND THALASSA BLUE INC. AND BREATHE IN GREECE PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE SITE, SERVICES, PAYMENT PROCESSING, PERSONAL INJURY OR PROPERTY DAMAGE, CONTENT OR PRODUCTS, EVEN IF THALASSA BLUE INC. AND BREATHE IN GREECE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT THALASSA BLUE INC. AND BREATHE IN GREECE MAY NOT EXCLUDE UNDER APPLICABLE LAW.
OUR LIABILITY IS LIMITED. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT OR SERVICES TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $100. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT THALASSA BLUE INC. AND BREATHE IN GREECE MAY NOT EXCLUDE UNDER APPLICABLE LAW.
You hereby agree to indemnify, defend and hold THALASSA BLUE INC. and BREATHE IN GREECE and all of our officers, directors, mangers, members, employees, agents, information providers, affiliates, partners, and licensors (“THALASSA BLUE INC. and BREATHE IN GREECE Party,” or collectively, the “THALASSA BLUE Parties”) harmless from and against any and all liability, claims, damages, losses, costs, and expenses, including attorneys' fees, incurred by any THALASSA BLUE INC. and BREATHE IN GREECE Party arising from, related to, or in connection with (a) a violation of any provision of this Agreement by you; or (b) arising from, related to, or connected with your violation of the rights of THALASSA BLUE INC. and BREATHE IN GREECE or any other person or entity. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive this Agreement and your use of the Site.
Subject to applicable law, you and THALASSA BLUE INC. and BREATHE IN GREECE agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Services or Site, any breach, enforcement, or termination of This Agreement, or otherwise relating to THALASSA BLUE INC. and BREATHE IN GREECE in any way will be resolved in accordance with the provisions set forth in this Section.
Informal Resolution. If you have any dispute with us, you agree that before taking any formal action, you will contact us at email@example.com, provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.
Arbitration. Any dispute between the Parties herein involving the construction or application of any of the terms, provisions, or conditions of this Agreement, shall on written request of either Party served on the other, be submitted first to mediation and then if still unresolved to binding arbitration. Said mediation or binding arbitration shall comply with and be governed by the laws of the Province of Nova Scotia, unless the Parties stipulate otherwise. The Parties shall each appoint one person to hear and determine the dispute and if they are unable to agree, then the two persons so chosen shall select a third impartial arbitrator whose decision shall be final and conclusive upon both parties. The solicitors’ fees and costs of arbitration shall be borne by the losing party, unless the Parties stipulate otherwise, or in such proportions as the arbitrator shall decide.
Award. For matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same THALASSA BLUE INC. and BREATHE IN GREECE user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Exceptions. There are only two exceptions to this arbitration agreement:
First, if a party reasonably believes that the other party has in any manner infringed or threatened to infringe the intellectual property rights of the other party, the party who owns the intellectual property rights may seek injunctive or other appropriate interim relief in any court of competent jurisdiction.
Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court within Canada, if the claim and the parties are within the jurisdiction of the small claims court and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against THALASSA BLUE INC. and BREATHE IN GREECE prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and THALASSA BLUE INC. and BREATHE IN GREECE. If you do not agree to these amended terms, you may close your account within thirty (30) days of the posting or notification and you will not be bound by the amended terms.
Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible lawsuit in small claims court, you agree that any claim or dispute that has arisen or may arise between you and THALASSA BLUE INC. and BREATHE IN GREECE must be resolved exclusively by a court located in Halifax, Nova Scotia. You and THALASSA BLUE INC. and BREATHE IN GREECE agree to submit to the personal jurisdiction of the courts located within Halifax, Nova Scotia for the purpose of litigating all such claims or disputes.
Procedure. In order to opt-out, you must provide us with your name, address (including street address, city, state, and zip code), and email address(es) associated with your Account(s) to which the opt-out applies and an unaltered digital image of a valid driver’s license which matches the name on your account to this link. This procedure is the only way you can opt-out of the agreement to arbitrate. If you opt-out of the agreement to arbitrate, all other parts of the agreement and its Disputes Section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
WAIVER. BY AGREEING TO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED BELOW) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
No Waiver; Severability. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision, and our failure to exercise or enforce any right or remedy in this Agreement does not waive that right or remedy. The provisions of this Agreement are intended to extend to the fullest extent permitted by law. No waiver of any term of this Agreement will be binding unless in writing.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Applicable Law. This Agreement will be construed in accordance with the laws of the Province of Nova Scotia and the Country of Canada.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of this Agreement shall continue in effect.
Headings. The titles to the paragraphs of this Agreement are solely for the convenience of the Parties and shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this Agreement.
Notice. You hereby consent to receiving and transacting with us by electronic means. We may deliver notice to you by e-mail, posting a notice on the Site or any other method we choose, and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following link.
Entire Agreement. This Agreement (and all terms and conditions incorporated herein) constitute the entire agreement between you and THALASSA BLUE INC. and BREATHE IN GREECE and govern your use of the Site and Services and supersede any prior agreements between you and THALASSA BLUE INC. and BREATHE IN GREECE on the subject matter. You may also be subject to additional terms when you use certain THALASSA BLUE INC. and BREATHE IN GREECE third-party software, content, links, or websites. This Agreement, and any rights or licenses granted hereunder, may not be assigned or delegated by you. This Agreement, and any rights or licenses granted hereunder, may be assigned or delegated by THALASSA BLUE INC. and BREATHE IN GREECE without restriction. This Agreement bind and inure to the benefit of each party and the party’s successors and permitted assigns. This Agreement may not be modified by an oral statement by a representative of THALASSA BLUE INC. and BREATHE IN GREECE. No agency, partnership, joint venture or employee-employer relationship is intended or created by This Agreement. You agree to comply with all applicable laws in your use of the Site and Services. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form.