These terms and conditions are entered into between you and the Breathe (the “Company”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, this “agreement”), govern your access to and use of the Breathe websites, including any content, functionality, and services offered on or through the Breathe websites (collectively, the “Website”).
Please read this agreement carefully before you start to use the Website. By using the Website or by clicking to accept or agree to this agreement when this option is made available to you, you accept and agree to be bound and abide by this agreement and the Company's Privacy Policy, found at https://clearmylungs.com/privacy-policy, incorporated by reference. If you do not want to agree to this agreement or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18-years old or older. By using this Website, you state that you are of legal age to form a binding contract with the Company and meet all the foregoing eligibility requirements, if any. If you do not meet all these requirements, you must not access or use the Website.
The Company may revise and update this agreement on one or more occasions in its sole discretion. All changes are effective immediately when the Company posts them and apply to all access to and use of the Website from then on. But any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website after the posting of the revised agreement means that you accept and agree to the changes. You are expected to check this page often, so you are aware of any changes, as they are binding on you.
The Company may withdraw or amend this Website, and any service or material the Company provides on the Website, in its sole discretion without notice. The Company will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. On one or more occasions, the Company may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You acknowledge that all information you provide to register with this Website or otherwise, including through the use of any interactive features on the Website, is governed by the Privacy Policy, and you consent to all actions the Company takes with respect to your information consistent with the Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of the Company's security procedures, you must treat this information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and will not provide any other person with access to this Website or parts of it using your username, password, or other security information. You will promptly notify the Company of any unauthorized access to or use of your username or password or any other breach of security. You also will ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
The Company may disable any username, password, or other identifier, whether chosen by you or provided by the Company, at any time in its sole discretion for any or no reason, including if, in the Company's opinion, you have violated any part of this agreement.
The Website and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of it) are owned by the Company, its licensors, or other providers of that material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
This agreement permits you to use the Website for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of this agreement, your right to use the Website will stop immediately and you must, at the Company's option, return or destroy any copies of the materials you have made. No interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by this agreement is a breach of this agreement and may violate copyright, trademark, and other laws.
The Company name, the terms BREATHE, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use those marks without the Company's written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with this agreement. You must not use the Website:
Additionally, you must not:
The information presented on or through the Website is made available solely for general information purposes. The Company is not making any warranty about the accuracy, completeness, or usefulness of this information. Any reliance you place on that information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on those materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. The Company is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
The Company may update the content on this Website on one or more occasions, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and the Company is not required to update that material.
All information the Company collects on this Website is subject to its Privacy Policy. By using the Website, you consent to all actions taken by the Company with respect to your information in compliance with the Privacy Policy.
All purchases through the Website or other transactions for the sale of goods formed through the Website or as a result of visits made by you are governed by the Website's Terms of Sale, which are incorporated into this agreement.
Additional terms may also apply to specific portions, services, or features of the Website. Any additional terms are incorporated by this reference into this agreement.
You may link to the Website's homepage, on condition that you do so in a way that is fair and legal and does not damage the Company's reputation or take advantage of it, but you must not establish a link in a way that suggests any form of association, approval, or endorsement on the Company's part without the Company's express written consent.
If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. The Company has no control over the contents of those websites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for those websites.
By providing your email address, you consent to receiving electronic communications from the Company regarding your order. You also consent to receiving certain other communications from the Company, including newsletters about new features and content, special offers, promotional announcements, and customer surveys via email. You acknowledge that electronic communications you receive from the Company may contain links to third-party websites or resources. You acknowledge that the Company is not responsible or liable for (a) the availability or accuracy of those websites or resources; or (b) the content, products, or services on or available from those websites or resources. Links to those websites or resources do not imply any endorsement by the Company of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
The owner of the Website is based in the United States. The Company provides this Website for use only by persons located in the United States. The Company makes no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Before using the Breathe, we recommend that you consult with your physician or other qualified health provider and receive medical permission to use the Breathe.
Any references to physical or mental health on the Website constitutes an educational service consisting solely of general health information. The materials on the Website are provided “as is” and without warranties of any kind either express or implied.
Not a Substitute for Professional Medical Advice or Treatment. The Website's content is not a substitute for direct, personal, professional medical care and diagnosis. None of the exercises or treatments (including products and services) mentioned on the Website should be performed or otherwise used without clearance from your physician or health care provider. The information contained within the Website is not intended to provide specific physical or mental health advice, or any other advice, for any individual and should not be relied on in that regard. Neither the Company nor its owner are medical professionals and nothing on this Website should be misconstrued to mean otherwise.
Health Risks. There may be risks associated with participating in activities mentioned on the Website. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with those activities.
Injuries or Death. You will hold the Website, its owner, agents, and employees harmless from all liability for all claims for damages due to injuries or death, including attorneys' fees and costs, incurred by you or third parties, arising out of or relating to the activities discussed on this Website, excepting only claims for gross negligence or intentional tort.
You understand that the Company cannot and does not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. To the greatest extent provided by law, the Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.
Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. The Website, its content, and any services or items obtained through the Website are provided “as is” and “as available,” without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company is making any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website. Neither the Company nor anyone associated with the Company represents or warrants that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Website or the server that makes it available are free of viruses or other harmful components, or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.
To the greatest extent provided by law, the Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, noninfringement, and fitness for particular purpose.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
To the greatest extent provided by law, in no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or those other websites or any services or items obtained through the Website or those other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. In addition, the Company is not liable for any spam emails that come from a third party claiming to be the Company or its owner. Nor will the Company be liable for any spam emails from third parties promoting our products.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
You will defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this agreement or your use of the Website, including your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in this agreement or your use of any information obtained from the Website.
Michigan law governs all matters relating to the Website and this agreement and any dispute or claim arising from or related to it (in each case, including non-contractual disputes or claims) without giving effect to any choice or conflict of law provision or rule (whether of Michigan or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, this agreement or the Website not subject to arbitration will be instituted exclusively in the federal courts of the United States located in the state of Michigan or the state courts of the state of Michigan, although the Company may bring any suit, action, or proceeding against you for breach of this agreement in your country of residence or any other relevant country. You waive all objections to the exercise of jurisdiction over you by those courts and to venue in those courts.
At the Company's sole discretion, it may require you to submit any disputes arising from this agreement or the use of the Website, including disputes arising from or concerning the interpretation, violation, invalidity, nonperformance, or termination of this agreement, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Michigan law.
All claims arising out of or relating to this agreement or the Website must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless the Company agrees otherwise, the arbitrator must not consolidate more than one person's claims.
Any cause of action or claim you may have arising out of or relating to this agreement or the Website must be commenced within one year after the cause of action accrues, otherwise, that cause of action or claim is permanently barred.
No waiver by the Company of any term stated in this agreement will be deemed a further or continuing waiver of that term or a waiver of any other term, and any failure of the Company to assert a right or provision under this agreement will not constitute a waiver of that right or provision.
If any provision of this agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent so that the remaining provisions of this agreement will continue in full effect.
This agreement, the Privacy Policy, and the Terms of Sale constitute the entire agreement between you and the Company regarding the Website and supersede all earlier and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
The Company encourages you to give feedback about the Company or the Website. But the Company will not treat as confidential any suggestion or idea you give, and nothing in this agreement will restrict the Company's right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.
In order to serve our customers, we collect personally identifiable information, like names, addresses, phone numbers, email addresses, IP addresses, any notes or testimonials or comments that you provide to us or on our websites, and sometimes credit card information when such information is voluntarily submitted by our visitors.
We will only use your personal information for the following purposes:
To operate, improve, or promote our services; to provide customer service or support; to market our products and services through email marketing, SMS marketing; advertising – including retargeting via Google, Facebook, and similar companies; and notifications; to perform accounting, administrative, and legal tasks; to process payments; to help prevent fraud, to help diagnose problems with our servers and software, to gather broad demographic information, and to offer you products and services; to deliver the products and/or services to you that you have requested; to validate your compliance with the terms and conditions; for content improvement and feedback purposes; to contact you, when necessary, regarding your use of the Website or product(s); for the few situations described below to better serve you.
We will NEVER share your personally identifiable information with third parties unless you have given us explicit permission to do so, such as in order to fulfill a third party offer that you have accepted from us. By permitting us to collect this information, you will be able to receive information on other products and services that may be of interest to you, including related third-party offers that we may send to you. You also enable us to personalize your experience with us so that we can provide you with the highest quality of service.
By submitting your email address on this Website, you agree to receive email from Us. You can cancel your participation in any of these email lists at any time by clicking the opt-out link or other unsubscribe option that is included in each respective email. We only send emails to people who have authorized us to contact them, and purchased products from us, either directly, or through a third party. We do not send unsolicited commercial emails, because we hate spam as much as you do.
This Website is operated by Breathe. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@herbalteatherapy.com.
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