Terms of service

Thank you for visiting creativebreath.net (referred to below as “the Website”).

IMPORTANT

The Website and the products and services associated and offered are not intended to be a substitute for professional advice, diagnosis, treatment, medical treatment, psychotherapy, counseling, or any mental health services. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding any mental health symptom or medical condition. Never disregard professional psychological or medical advice or delay in seeking it because of something you have read on the Website. The user assumes all risks with utilizing any of the content of this website.

Please call 911 immediately if you believe that you or someone you know will harm themselves.

OTHER RESOURCES:
National Suicide Prevention Lifeline (1-800-273-8255)
National Domestic Violence Hotline (1-800-799-7233)
National Sexual Assault Hotline (1-800-656-4673)

TERMS

These terms and conditions govern your use of creativebreath.net (referred to below as “the Website”). By using the Website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Website.

You must be at least 18 years of age to use the Website. By using the Website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.

The information contained in the Website is for general information purposes only. The terms “us”, “we”, and “I” refer to the owner of the Website. The term “you” refers to the user, or viewer of the website. While we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, regarding the accuracy, reliability, completeness availability or suitability with respect to the Website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

The information contained in or made available through the website and in the associated products, and services, including but not limited to information contained on the Website blogs, vlogs, videos, books, comment section, and other written or audio-visual materials, as well as information imparted during individual coaching sessions, cannot replace or substitute for the services of trained and licensed professionals in any field, including, but not limited to: financial, medical, psychological, or legal matters.

In particular, you should regularly consult a doctor or other licensed health care professional in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention.

EXPECTATIONS AND RESPONSIBILITIES

By accessing the Website and/or using our products and services such as individual coaching/consulting, you affirm and acknowledge that life coaching, spiritual coaching and/or small business coaching, and writing coaching are not forms of or substitutes for counseling, psychotherapy, mental health care or other medical or health care intervention of any kind.

Victoria M. Johnson is NOT a licensed professional in any of these areas. Should that change all private clients will be notified in writing and the information will be made public via this web page.

Victoria M. Johnson is not, and does not claim to be a licensed medical or mental health professional of any kind, and coaching is not a licensed activity in the State of California or any other jurisdiction within North America at the time of this writing.

If you are currently under the care of a medical or mental health professional, it is your responsibility to consult with that person regarding the advisability of working with a coach or consultant. If at any time you feel the need for professional counseling, you agree to promptly seek the assistance of a licensed professional.

In addition, participating in coaching may entail risks associated with a challenging program of personal growth and development, including risks of mental or emotional upset, revisiting trauma, as well as risks that may not be foreseeable when you begin a coaching engagement. By purchasing a coaching product and participating in coaching or utilizing any products offered by this website, you freely and voluntarily assume all such risks and you acknowledge and agree that you are responsible and accountable for your decisions, actions and results in life, and you agree not to attempt to hold the Website, Victoria M. Johnson and any of its Affiliates liable for any such decisions, actions or results, at any time, under any circumstance in perpetuity.

Victoria M. Johnson is not claiming to, nor does she provide any professional help of any kind: be it legal, medical, educational, etc. It would be inaccurate and unlawful to do so. Therefore, Victoria M. Johnson cannot make any guarantees to you by law.

Any advice, services, tools, workshops, or challenges provided are suggestions only; with no guarantees of any particular or specific outcome. You are responsible for your own individual actions and their corresponding results. All statements on the Website are for occasional entertainment purposes and are always opinions only, not guarantees that you will achieve any particular or specific result. Results will vary by individual.

The information contained in the Website can in no way replace or substitute that of a trained professional in any field, including but not limited to, psychological and or medical matters. You are encouraged to consult a doctor for both psychological and medical matters, especially if it is a pressing situation that requires immediate attention.

Victoria M. Johnson makes no representations or warranties concerning any action, treatment or application of medication or supplementation following the information offered and provided through the Website. We will not be liable for any direct, indirect, consequential, exemplary or other damages that may result, including but not limited to injury, financial loss, illness or death. By the use of the Website, products and services, you agree to, not in any way, attempt to hold us liable for any such actions, decisions or results, at any time, under any circumstance, now or in the foreseeable future.

In no event will the Website or Victoria M Johnson be liable for any loss or damage including and without limitation, indirect or consequential loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the Website. By use of the Website and/or purchase of products and services made available on the Website, you waive any claim whatsoever against and hold harmless creativebreath.net, Victoria M Johnson, and any of its officers, member owners, staff, and representatives or affiliates that may arise from such use.

Throughout the Website, you are able to link to other websites. We have no control over the nature, content and availability of those sites. Additionally, the inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

The information contained on the Website and any of its products or services are for entertainment and informational purposes only. You are responsible for your own actions, behavior and resulting outcomes. You must not utilize the Website to copy, publish, or send any information. That is unlawful and an illegal act under applicable law.

PROPRIETARY MATERIALS
The tools, processes, strategies, materials and information presented on the Website and in our products are proprietary. By accessing the Website and/or our products, you agree not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our proprietary concepts, materials, quotes, and intellectual property by you or your representatives is prohibited, and we will pursue legal action and full damages if these terms are violated in order to protect our rights.

MATURE CONTENT
On the Website and products, we will occasionally discuss mature topics and language relating to personal and professional growth. Users under the age of 18 and those who are uncomfortable with such topics or language should not use the Website or products.
Any advice offered on the Website or in any of its products or services is based strictly on opinion. You should always seek the advice of a professional before acting on something that is published or recommended on the Website or any of its products and services.

If you require any more information or have any questions about our Terms of Service, please feel free to contact us by email at byvictoria@aol.com.

If you are at risk for suicide, homicide or other harm or injury, please call 911 immediately.

CONTENT + COPYRIGHT
All information and material you submit to our website in the form of a comment (or post) including information you copy or send to or from the Website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime; further, material must not be misleading, deceptive, pornographic, threatening, abusive, harassing or menacing.

With respect to all material and/or comments you elect to post on the Website, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-license such rights. We reserve the right to edit or remove any material posted on the Website. If you post any private material or comments that you later wish to have removed, contact us by email at byvictoria@aol.com.

Unless otherwise stated, thenancycooper.com and/or Victoria M Johnson and/or our licensors own the intellectual property rights for all content and material on the Website. The exception to this may be the use of stock photography. Any and all such images have been legally and lawfully acquired by the Website, creativebreath.net and/or Victoria M Johnson. By using the Website you acknowledge this and agree not to contest this in any manner, including but not limited to asking, seeking or demanding proof of purchase, acquisition and/or legal or copyright holding or information. You agree not to seek compensation in any form from the Website, creativebreath.net, Victoria M Johnson, or any related company for images appearing or that may have previously appeared on the Website. Doing so would constitute a violation of these Terms and Conditions for which you agree to a minimum fee of $10,000 USD to cover any legal or court costs related to your infringement. This amount is payable immediately and will be considered an initial payment only which does not include any extended, ongoing or prolonged costs associated from dealing with your violation. You also agree to full responsibility for the aforementioned costs.

If you believe that any content on the Website is in copyright violation, please submit a request in writing to have it removed. This is the full extent the Website’s legal responsibility in any such matter.

SERVICES

Sessions
Sessions are conducted over the phone or by video conference, unless otherwise agreed upon. Please be on time for your sessions to get the maximum benefit from coaching and utilize every minute of your session. You will be provided with a Zoom link upon booking your meeting/session and are expected to arrive to the meeting on time.

Scheduling, Cancellations, and Rescheduling
Session reminders are emailed. If you need to reschedule, please use your calendar link to do so, or email with 24 hours notice. Failure to cancel within 24 hours will result in surrender of the pre-paid service fee. If you reschedule within a 7 day period, the payment can be used towards this service, less a $25 fee.
We understand that there are times when you must miss an appointment due to unforeseen circumstances, family situations, emergencies or other obligations. If you need to reschedule, please use the rescheduling link in your confirmation email to cancel or reschedule with 24 hours notice. If you have an emergency (illness or accident) we’ll work around it, otherwise a $25 cancellation fee or 20 minutes penalty off of a subsequent session applies.

Payment
All sessions must be paid for prior to the beginning of the session and payment is due when booking. Payments are processed through a third party payment system, Stripe, MoonClerk, or PayPal. Any issues or concerns occurring with payment must be rectified with the payment services.
24 hour cancellation policy applies.

Recurring Payments

Due to the digital nature of all membership spaces, the monthly fee is non-refundable. Payment for the services and materials is earned in its entirety at the time of purchase and as such, no refunds are provided under any circumstances, regardless of whether or not all services have been rendered or the membership has been utilized.

All programs that consist of a recurring payment are a month to month contract, so you may cancel at any time. If you choose to cancel we must receive notice prior to the last payment you want to process so that it can be set up as the last - payments will not be refunded. Cancelation instructions will be available in the membership community.

Refunds and Credits
There are no refunds for donations, sessions, challenges, or Workshops. Paid services that are not rendered due to the client failing to cancel within 24 hours or due to a no show may be used as a credit towards other services at Victoria M Johnson discretion.

Confidentiality
For private coaching sessions, the coach agrees to keep all conversations and information with the client private and strictly confidential. No personal ideas, information or thoughts expressed by the client will be shared with anyone except with the express written permission of the client or unless the name has been changed.

Confidential information does not include information that:

(a) was in the coach’s possession prior to its being furnished by the client;
(b) is generally known to the public or in the client’s industry;
(c) that the Coach is required by law to disclose

Reviews
Information shared with Victoria M Johnson or a member of her team that expresses transformative results from the use of one of Victoria M Johnson’s programs or services, through messaging/messenger applications, email, commenting on a social media platform, or shared through other means may be quoted and/or used as a means of testimony for Victoria M Johnson and her services. By expressing these thoughts and experiences you are giving consent to them being used as examples of testimonials on sales pages, emails, social media posts, and other publishing platforms.

TEXT MESSAGES

When opting into text message services data rates may apply. By agreeing to these Terms of Use you are also agreeing to the Third Party Texting App Terms of Service. You may opt out of Text Messages at any time and your number will not be shared with any one or sold.

MISCELLANEOUS

These Terms and the Privacy Policy represent the complete and entire agreement between us with respect to your use and access of the Website and your purchase of products and coaching, and supersede all prior or contemporaneous agreements, negotiations or understandings, whether oral or written.

These terms will be governed by and interpreted in accordance with the laws of the State of California, U.S.A. without reference to any conflict of laws provisions. Any action relating to the use of the Website, services or your online purchase must be brought in the state or federal courts located in the State of California and the parties hereby submit to the exclusive personal jurisdiction and venue of such courts. You hereby irrevocably waive the defense of an inconvenient forum to the maintenance of such action or proceeding. You may not assign, charge, sub-contract or otherwise transfer your rights or obligations under these terms, and any attempt by you to do so shall be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising hereunder at any time. No waiver of any term contained herein, whether by conduct or otherwise, shall be effective except in a writing signed by the party to be charged with the waiver. If any provision of these terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining terms shall remain in full force and effect, and such invalid or unenforceable provisions or portion thereof shall be deemed omitted.