User Terms and Conditions
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE ("TERMS AND CONDITIONS").
BY USING THIS WEB SITE OR ANY WEB SITE OR WEB CONTENT (“SITE” OR “SITES”) OF BREATHEAWARE LLC (“BREATHEAWARE”), AND/OR PLACING AN ORDER FOR BREATHEAWARE’S PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE AND PLACE AN ORDER FOR BREATHEAWARE'S PRODUCTS AND SERVICES.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE OR ORDER OR USE ANY OF BREATHEAWARE'S PRODUCTS OR SERVICES.
ANY AND ALL INFORMATION CONTAINED ON THIS WEBSITE IS NOT INTENDED TO TAKE THE PLACE OF MEDICAL ADVICE FROM A HEALTH CARE PROFESSIONAL.
EXERCISE, DIET AND HEALTH RELATED MATTERS VARY FROM PERSON TO PERSON. NOTHING ON THIS WEBSITE SHALL BE CONSIDERED, OR USED AS A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ANY ACTION WHATSOEVER WHICH IS TAKEN BASED ON THE CONTENTS OF THIS WEBSITE OR ANY OF ITS RELATED SITES, MATERIALS, PRODUCTS OR INFORMATION, INCLUDING THE BREATHEAWARE PROGRAM ITSELF, IS TO BE USED SOLELY AT YOUR OWN DISCRETION, RISK AND LIABILITY. ALWAYS CONSULT THE APPROPRIATE HEALTH PROFESSIONALS ON ANY MATTER THAT IS RELATED TO YOUR HEALTH AND WELLBEING BEFORE PROCEEDING WITH ANY ACTION PERTAINING TO HEALTH-RELATED ISSUES.
WHILE THE INFORMATION PROVIDED ON THIS WEBSITE IS BELIEVED TO BE ACCURATE, AND THE PROGRAM IS CONSIDERED SAFE FOR GENERAL USE, THIS WEBSITE ASSUMES NO LIABILITY FOR THE USE OR MISUSE OF INFORMATION AND PRODUCTS ON THIS WEBSITE.
NEITHER THIS WEBSITE NOR ITS AFFILIATES, DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, AGENTS, ADVISORS, CONTRACTORS, REPRESENTATIVES, REFERRAL OR RESELLER PARTNERS, SUCCESSORS OR ASSIGNS, SHALL BE RESPONSIBLE IF YOU FAIL TO CONSULT THE APPROPRIATE HEALTH AUTHORITIES WITH RESPECT TO YOUR HEALTH CARE BEFORE ACTING ON OR USING ANY INFORMATION OR PRODUCTS FOUND ON THIS WEBSITE, NOR WILL THEY BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR THE USE OR MISUSE OF, THE INFORMATION ON THIS WEBSITE.
BY USING THESE SITES YOU AGREE TO EXEMPT, WAIVE AND RELEASE BREATHEAWARE LLC AND ALL PARTIES REFERENCED IN THIS SECTION FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE, AND WRONGFUL DEATH, INCLUDING IF CAUSED BY NEGLIGENCE, INCLUDING THE NEGLIGENCE, IF ANY, OF BREATHEAWARE, ITS AFFILIATES, DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, REFERRAL OR RESELLER PARTNERS, SUCCESSORS OR ASSIGNS.
Basis of Sale
Welcome to BreatheAware. These Terms and Conditions (I) set forth the entire agreement between you and BreatheAware for the supply and use of BreatheAware products and services, (II) govern and apply to all access to and use of the Site and related domains on which these Terms and Conditions appear (Sites), any order you may place through the Sites, and—as applicable—your use of any other BreatheAware products or services, and (III) apply to your access to and use of the Sites, any orders you place through any of the Sites, and to all products and services we supply, produce, distribute, or market.
BreatheAware requires all users read and accept these Terms and Conditions before placing an order and/or using the Sites, whether you are using these Sites via a third-party provider such as an employer or third-party service provider. By using the Sites, and/or placing an order through the Sites, you confirm that you have read, understood, and agree to these Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions in their entirety, you must not use the Sites or order any product or service through the Sites.
Changes to Terms
We may update, change, revise or amend these Terms and Conditions from time to time in the future without notice to you to comply with relevant laws or regulatory requirements, to meet our changing business requirements, changes in technology, payment methods and system capabilities.
Your continued use of the Sites and/or any other BreatheAware products or services after any such changes conclusively constitutes your agreement to and acceptance of such changes.
You may only use the Sites for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts, disrupts or inhibits anyone else's use and enjoyment of the Sites.
If you use the Sites as the employee of a BreatheAware customer, or a third-party service provider, or any other party who has provided you paid access to the Sites, you agree to use the site at all times in accordance with agreements you or we have with those entities.
You may not without the express prior written consent of BreatheAware: copy, reproduce, use, or otherwise deal with any content on the Sites; modify, distribute, or re-post any content on the Sites for any purpose; or use the content, design, concepts or technology of the Sites for any commercial exploitation whatsoever.
You agree: not to disrupt or interfere with the security of, or otherwise abuse, the Sites, or any services, system resources, accounts, servers, or networks connected to or accessible through the Sites or affiliated or linked sites; not to upload, post, or otherwise transmit through or on the Sites any viruses or other harmful, disruptive, or destructive files;
You also agree not to use, frame, or utilize framing techniques to enclose any BreatheAware trademark, logo, or other proprietary information (including the images found at the Sites, the content of any text, program concepts, or the layout/design of any page or form contained on a page) without BreatheAware's express prior written consent; not to use meta tags or any other "hidden text" utilizing a BreatheAware name, trademark, or product name without BreatheAware's express prior written consent; and, not to deeplink to Sites without BreatheAware's express prior written consent.
You agree not to create or use a false identity on the Sites, share your account information, or allow any person besides yourself to use your account to access the Sites; not to collect or store personal data about others; nor to attempt to obtain unauthorized access to the Sites or portions of the Sites that are restricted from general access.
You agree not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise in violation of any law or regulation.
You also agree not to post any copyrighted material unless the copyright is owned by you or by BreatheAware; and to be bound by the BreatheAware Product Submission Guidelines (set forth below), including that any product submission you may make to BreatheAware will not be held in confidence by BreatheAware, and is not proprietary, that BreatheAware may use the product submission and any aspect thereof for any purposes in BreatheAware's sole discretion, and that BreatheAware owes no duties or obligations with respect to you or the product submission made.
Last, you agree to comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on the Sites. BreatheAware will not be responsible or liable to any third party for the content or accuracy of any materials posted by you or any other user of the Sites. We have the right to remove any material or posting you make on the Sites if, in our opinion, such material does not comply with the content standards set out in these Terms and Conditions.
Use of BreatheAware by Minors
Kids love to Breathe! We encourage supervised use of BreatheAware by children, as described here.
Children between the ages of 13 and 17 or under the age of majority in the jurisdiction in which they reside (“Minors”) may use this Site and/or purchase and use BreatheAware’s products or services; however, any use or purchase by such Minors shall only be with the consent, guidance, and supervision of their parents or legal guardians. If you are a parent or guardian and you allow a Minor to use this Site or purchase and use any BreatheAware products or services, you agree to be bound by the Minor’s use of such services or products and by these Terms and Conditions.
Children under the age of 13 are not permitted to use this Site or purchase and use BreatheAware’s products or services, however are welcome to use the product under supervision of a licensed and responsible adult, who agrees to be bound by the Minor’s use of such services or products and by these Terms and Conditions.
User Content Uploaded to the Sites
In the event that you (the “User”) upload any photographs, comments, video clips, or other media to the Sites (the "Uploaded Content"), BreatheAware has the exclusive right to use any and all such elements of the Uploaded Content in connection with and/or as part of its business, including in connection with and/or in any advertising in any and all media, including, without limitation, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and cinema commercials, videos, or Web sites, in perpetuity throughout the world as BreatheAware in its sole discretion sees fit without further consent or payment.
This does NOT include content uploaded by BreatheAware group Customer administrators, such as logos, program titles, or other proprietary Customer content restricted by agreements between BreatheAware and the Customer. As a User you may not upload or post anything on any BreatheAware sites that you do not explicitly own right and title to, and interest in.
BreatheAware has all right, title, and interest in any and all results and proceeds from such use of the Uploaded Content. BreatheAware has the right to transfer the aforementioned rights to use the Uploaded Content to any third party, including, but not limited to, any of its subsidiaries or affiliated companies. BreatheAware may alter, adapt, or edit the Uploaded Content and any further material created under these Terms and Conditions, and market it entirely at BreatheAware's sole discretion. BreatheAware is not obliged to make any use of the Uploaded Content or exercise any of the rights granted by these Terms and Conditions. Users of the Sites must only post Uploaded Content that is owned by, and features, themselves, and no other third parties.
Changes to the Sites and/or Products
BreatheAware may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Sites or any products available through or outside of the Sites, temporarily or permanently, including the availability of any features of the Sites or access to any parts of the Sites, at any time without notice to you, and you agree that BreatheAware shall not be liable for any such change.
BreatheAware makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from the Sites, or sites linking to the Sites. The linked sites are not under the control of BreatheAware, and BreatheAware is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by BreatheAware of such site or any information contained therein. When leaving the Sites, you should be aware that BreatheAware's Terms and Conditions and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of any such site.
Copyright and Trademarks
All of the Sites’ materials, including, without limitation, BreatheAware, BreatheAware.com, and all BreatheAware product logos, designs, text, graphics, software, other files, concepts, and the selection and arrangement thereof (the "Content") are Copyright © 2017 BreatheAware LLC. ALL RIGHTS RESERVED.
Unless expressly stated otherwise, BreatheAware or its suppliers or licensors or partners own and retain other proprietary rights in all products available through the Sites. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written permission of BreatheAware or the respective copyright owner.
You may not, without the express prior written permission of BreatheAware or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. You also may not, without the express prior written permission of BreatheAware or the respective copyright owner, (a) sell, resell, or make commercial use of the Sites, its content, or services or products obtained through the Sites; (b) collect and use of any product listings or descriptions; (c) make derivative uses of the Sites or its Content; or (d) make use of any data mining, robots, or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of BreatheAware or any third party.
Trademarks: Together with other logos and product names described on this Site, the following includes a partial list of trademarks or registered trademarks of BreatheAware LLC, in the United States and other countries: BreatheAware, BreatheAware.com, The Power Within You, OneBreath Challenge, and all associated icon-based imagery. These trademarks may not be copied, imitated, or used, in whole or in part, without the express prior written permission of BreatheAware.
In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, trade-names and/or trade dress of BreatheAware, may not be copied, imitated, or used, in whole or in part, without the express prior written permission of BreatheAware. Other names and brands may be claimed as the property of others.
Methodology: The BreatheAware Sites offer a unique and proprietary methodology and approach for delivering content and training programs, including technology, instruction, educational content and designs that represent significant investment and innovation. You may not, in whole or in part, copy or otherwise reproduce, derive new products from or extend, BreatheAware’s program in any way whatsoever without prior written permission of BreatheAware.
Copyright Policy and Copyright Agent
It is BreatheAware's policy to respect the copyright and intellectual property rights of others.
BreatheAware may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, BreatheAware may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. BreatheAware complies with the Digital Millennium Copyright Act.
If you believe that BreatheAware or any user of our Sites has infringed your copyright in any material way, please notify BreatheAware, and provide the following: an identification of the copyrighted work or other intellectual property right claimed to have been infringed; an identification of the material that you claim is infringing and where we may locate it on the Site or Sites; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, their licensee, agent , or the law; a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner; and an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right claimed to have been infringed. Please direct inquiries regarding intellectual property infringement issues by email to: email@example.com.
Product Information & Support
For questions about the products or services on this Site, or for help in any way, please contact us at firstname.lastname@example.org
Product and Service Descriptions
We have taken reasonable precautions to try to ensure that all product descriptions, prices and other information shown on the Sites are correct and fairly described.
However, when ordering products or services through the Sites, please note that: BreatheAware reserves the right not to accept any orders if there is a material error in the order; description of the product or service, or if the price advertised is incorrect; all prices are displayed in United States Dollars unless expressly indicated otherwise. Please also note that the terms of any products offered by BreatheAware and/or purchased by you, such as pricing, specifications, delivery times, and/or contents are subject to change by BreatheAware by providing you advanced notice, including by posting notice of the change on our Sites, sending you an email to the address you provided at purchase, or by other notice. BreatheAware will not incur any obligation as a result of such change.
As a valued customer, you are always free to cancel future orders at any time via our Sites, or by emailing email@example.com. By continuing to accept products after we have notified you of a change to any terms, you will be deemed to have accepted the change.
Order and Payment Information
If you use the Sites or other means to purchase a product, payment must be received by BreatheAware prior to BreatheAware's acceptance of an order, unless otherwise agreed to by BreatheAware. All BreatheAware products may be subject to sales tax which will be applied (as appropriate) to your order total. BreatheAware may need to verify information you provide before BreatheAware accepts an order, and may cancel or limit an order any time after it has been placed.
If payment has already been made and your order is cancelled or limited, BreatheAware will refund any payment you made for the product that will not be delivered due to cancellation or limitation of an order in the same tender as the original purchase. BreatheAware expressly conditions its acceptance of your order on your agreement to these Terms and Conditions.
In ordering products through the Sites or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to BreatheAware is registered to you. BreatheAware shall have the right to bar your access to and use of the Sites or its other products or services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to BreatheAware, or for any other reason it, in its sole discretion, deems appropriate.
You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to these Terms and Conditions, or have negotiated exceptions to these Terms and Conditions in a separate software services license agreement. You agree that your placement of an electronic order on the Sites is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
BreatheAware may reject orders where the stated delivery address is outside of countries we service, at our sole discretion. BreatheAware's descriptions of or references to products not owned by BreatheAware on and outside of the Sites do not imply endorsement of that product, or constitute a warranty by BreatheAware.
With regards to any product made available to you on an auto-renew or monthly (or other period) subscription as sold through the Sites or otherwise (including any free trial product) (the "Product"), the default term of our agreement shall be for so long as we make the Product available to you based upon the terms of your use If you use BreatheAware and its Sites via an Employer or Third-Party, it will be available based upon an agreement between the Employer or Third-Party and BreatheAware.
IF YOU ARE THE SUBSCRIBER AND HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED (AND CHARGED TO THE ACCOUNT YOU HAVE PROVIDED) FOR ANOTHER TERM AT THE EXPIRATION OF YOUR CURRENT TERM, WHENEVER LOCAL REGULATIONS ALLOW, FOR A FEE NO GREATER THAN OUR THEN-CURRENT PRICE, EXCLUDING PROMOTIONAL AND DISCOUNT PRICING.
The new term will be for the same duration as the expired term, or for such term as you have previously agreed to, unless otherwise specified at time of renewal. This renewal will be processed (and your card charged) within 30 days prior to the expiration of the term and each period thereafter.
IF YOU DO NOT DESIRE TO HAVE YOUR SUBSCRIPTION AUTOMATICALLY RENEWED, YOU MUST, PRIOR TO THE EXPIRATION OF YOUR SUBSCRIPTION TERM, INFORM US OF YOUR INTENTION NOT TO RENEW YOUR SUBSCRIPTION TO THE PRODUCT BY CANCELING THE SUBSCRIPTION VIA OUR SITES, OR EMAILING CUSTOMER SERVICE AT SUPPORT@BREATHEAWARE.COM.
You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card is cancelled (for example, for loss or theft) if you do not desire automatic renewal. Changes to such information can be made via the Sites or by contacting Customer Service at firstname.lastname@example.org.
BreatheAware reserves the right to refuse or discontinue the supply of the Product to any user at any time at our sole discretion.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE SITES AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT AND OTHERWISE ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS.
YOU ACKNOWLEDGE THAT BREATHEAWARE DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THE SITES, INCLUDING, BUT NOT LIMITED TO, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO BREATHEAWARE FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, BREATHEAWARE AND ITS AFFILIATES AND PARTNERS ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OR OUTSIDE OF THE SITES. NOR DOES BREATHEAWARE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITES, ANY PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE SITES, OR ITS CONTENT.
ALTHOUGH BREATHEAWARE STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITES, BREATHEAWARE DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THE SITES IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, BREATHEAWARE DOES NOT WARRANT THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
TO THE EXTENT ALLOWED BY LAW, BREATHEAWARE DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT EXPLICITLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
The terms of this section survive any termination of these Terms and Conditions.
Limitations of Liability
WE EXCLUDE ANY AND ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL BREATHEAWARE OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, INJURIES OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITES; (II) THE USE OR INABILITY TO USE THE SITES; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITES; (IV) THE PURCHASE OR USE OF ANY PRODUCTS OR MATERIALS THROUGH THE SITES OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF BREATHEAWARE OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BREATHEAWARE'S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST 90 DAYS TO BREATHEAWARE FOR ANY PRODUCTS SUPPLIED BY BREATHEAWARE THROUGH YOUR USE OF THE SITES OR OTHERWISE.
BREATHEAWARE WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY OR EVENT BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, CIVIL DISTURBANCE, OR WAR.
IF ANY PROVISION OF THESE DISCLAIMERS, LIMITATIONS, AND/OR EXCLUSIONS SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS.
The terms of this section survive any termination of these Terms and Conditions.
You agree to indemnify and hold harmless BreatheAware, its parents, subsidiaries, shareholders, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating toyour violation of these Terms and Conditions,your violation of any rights of a third party or law, or otherwise improper or illegal conduct.
The Sites are controlled, operated, and administered by BreatheAware from its offices within the United States of America.
BreatheAware makes no representation that materials on the Sites are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the Sites are illegal is prohibited. You may not use the Sites or export the content or products in violation of U.S. export laws and regulations. If you access the Sites from a location outside of the United States, you are responsible for compliance with all local laws.
Notwithstanding anything contained in these Terms and Conditions, or the terms of agreements made with Employers or third-party providers, BreatheAware reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Sites and to block or prevent future access to and use of the Sites. You agree that BreatheAware shall not be liable for any termination of your use of or access to the Sites, except to the extent outlined above in “Limitations of Liability”.
Only you and BreatheAware shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions.
Inconsistency with Other Agreement(s)
To the extent there is inconsistency between any Term or Condition contained herein and any term or condition contained in any other agreement you may have with BreatheAware for products, services, or otherwise, the terms and conditions contained herein shall govern and prevail over any other such agreement, unless otherwise explicitly stated herein in a separate agreement with Breatheaware that is intended by Breatheaware to specifically apply to you.
If these Terms and Conditions refer or relate to a clause that is not a part of such other agreement, then these Terms and Conditions shall apply solely to the User and not to an Employer or Third-party provider. Additional rules, policies, and disclaimers may apply to specific products or services purchased on the Sites.
If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions. The terms of this section survive any termination of these Terms and Conditions.
It is the express intent and agreement of the parties that these Terms and Conditions and all related documents have been stated in English.
Governing Law, Jurisdiction, and Venue
Except to the extent preempted by the Federal Arbitration Act, Title 9, U.S. Code, Sections 1-16 (the “Act”), these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions or your use of the Site or Sites shall be filed only in the federal or state courts in Davidson County, Nashville, Tennessee, and you hereby irrevocably and unconditionally consent and submit to the personal jurisdiction of and exclusive venue of such courts over any suit, action, or proceeding arising out of or relating to these Terms and Conditions.
You acknowledge these Terms and Conditions may evidence a transaction involving interstate commerce. Notwithstanding the provision contained in the immediately preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to these Terms and Conditions shall be governed by the Act.
Agreement to Arbitrate and Waiver of Class Action Claims
Any dispute, claim or controversy arising out of or relating to these Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Nashville, Tennessee, before one arbitrator. The arbitration shall be administered by the Judicial Arbitration and Mediation Services (“JAMS”), using the JAMS’ rules and procedures in effect on the date the arbitration is filed (the “JAMS RULES”). Judgment upon the award rendered by the arbitrator in any such arbitration may be entered and enforced in any court having jurisdiction thereof. In the event the JAMS Rules are inconsistent with this Agreement to Arbitrate, these Terms and Conditions shall govern and control.
The Act will apply even though these Terms and Conditions provide that they are governed by the laws of the State of Tennessee.
No Right to Jury Trial
You and BreatheAware hereby waive any and all right to a jury trial, even if the Agreement to Arbitrate set forth above is held not to apply. You expressly waive your right to a jury trial in the event either you or BreathAware selects arbitration to resolve any dispute under these Terms and Conditions. The terms of this section survive any termination of these Terms and Conditions.
These Terms and Conditions constitute the entire agreement between BreatheAware and you with respect to your use of the Sites, your purchase of products and services through the Sites, and as applicable any products or services of BreatheAware. This does not include any agreements between BreatheAware and Employers or Third-Parties who may have provided the product to you – which may override this agreement, if and only if explicitly stated therein.
Any cause of action you may have with respect to the Sites or BreatheAware's products or services must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by BreatheAware to enforce or exercise any provision of the Terms and Conditions or related right shall not constitute a waiver of that right or provision.
The section titles used in these Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms and Conditions will be construed as creating a joint venture, partnership, employment, or agency relationship between you and BreatheAware, and you do not have any authority to create any obligation or make any representation on BreatheAware's behalf. You may not assign or transfer any rights or obligations of these Terms and Conditions, by operation of law or otherwise, without BreatheAware's express prior written consent. Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and BreatheAware and each of their respective heirs, personal representatives, successors and permitted assigns (as applicable).
The terms of this section survive any termination of these Terms and Conditions.
Other important terms
These Terms and Conditions supersede any and all other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our sole discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed to by us in writing, including waivers for Employers and Third-Party Customers.
A note about children's privacy...
We do not knowingly collect personal information from children under the age of 13. If we learn that we have inadvertently obtained personal information about a child under the age of 13, that information will be deleted from our systems. BreatheAware encourages parents to go online with their kids. Here are a few tips to help make a child's online experience safer:
Teach kids never to give out personal information, unless supervised by a parent or responsible adult. This includes their name, address, phone number, school, etc. Know the sites your kids are visiting and which sites are appropriate. Look for Web site and other privacy policies. Know how your child's information is being treated.
What information does BreatheAware collect?
In collecting your personal information, we aim to provide you with a more customized experience. This information lets us provide services and features that we think are more likely to meet your needs. Of course, users may be able to use our products or services or browse our Sites without providing any personal information, but once you give us this personal information, you are not anonymous to us.
BreatheAware collects two types of information when you visit our Sites or you do business with us via any medium: information that may be used to identify you individually, such as your name, physical address, phone number, email address or date of birth ("personal information"); and non-personal information, such as IP addresses, the type of browser you are using, and aggregated information about user activities on our Sites ("nonpersonal information").
Personal Information: We specifically request personal information from you at certain points on and off our Sites. For example, when you call us, sign up for our newsletter, visit or subscribe to our Sites, use our mobile or web applications or when you purchase an item or service, we collect personal information which may include, without limitation, your name, shipping and billing addresses, telephone number, email address, credit card information and date of birth. From time to time, we may also request or obtain personal information about you and your interests through surveys, contest/sweepstakes entry forms, our mobile applications, social media web sites, or in other ways. You may always choose not to provide us with your personal information; however, this may limit our ability to provide you with a specific product or service or information, or to offer you personalized content.
Non-personal Information: When you visit our Sites, we also collect non-personal information, such as your IP address, which is a number that can be used to identify your location and Internet Service Provider. We may also collect other information such as the type of browser or device you are using, the URL from which you came to our Sites and the URLs that you visited on our Sites. A URL is the full address of a Web site page, which may contain some personal or identifying information about the person who is viewing it.
Information We Obtain from Other Sources: We may collect information about you from other sources, including through interactive applications (such as mobile devices/applications and third-party services) and from commercially available sources (such as data aggregators and public databases). For example, if you access third-party services (such as Facebook, Instagram, Twitter or LinkedIn, to name a few) through or in connection with our Sites, we collect information available about you through those services, including, but not limited to, personal information as well as publicly observable data, such as activities on blogs, videos, and other online postings.
Do Not Track Signals. Some web browsers offer a "Do Not Track" ("DNT") signal that is a HTTP header field indicating your preference regarding tracking or cross-site user tracking. Although we're currently unable to honor DNT signals, we do not collect personal information when you visit our Sites unless you provide such information to us. We also work with third parties that use tracking technologies on our Web sites in order to provide tailored advertisements on our behalf and on behalf of other advertisers across the Internet. These companies may collect information about your activity on our sites and your interaction with our advertising and other communications, and use this information to determine which ads you see on third party websites and applications. For more information about this practice and to understand your options, please visit http://www.aboutads.info.
How does BreatheAware use or disclose the information it collects?
BreatheAware's Use of Personal Information and Non-personal Information: We use your personal information to process your requests, fulfill your orders and communicate with you about your orders, send important notices or tell you about new products or services.
We may also use your personal information to improve our products, services and advertising, personalize our Sites, target advertising or promotions that may be of interest to you, or conduct business that we feel would be of interest to you. On occasion, we may also contact you about BreatheAware's or any of its business units' or partners' products or services that we think you will find useful. We might also contact you to see if you are interested in participating in market and product research regarding BreatheAware. For information about opting out of such communications, please see our Opt-Out Policy section below.
Third Party or Co-Branded Offers: BreatheAware occasionally partners with third parties ("Affiliated Company" or “Partners”) to offer additional products or services that we feel may be useful to you. In such case, we may disclose to an Affiliated Company or Partner certain limited information, such as your name and shipping address. If you request information or purchase a particular product or service from an Affiliated Company, we may disclose additional information such as your e-mail address, phone number and other contact information, and if you purchased a product, your credit card information. If you do not want us to disclose your personal information to the Affiliated Companies, please refer to the Opt-Out Policy below.
Cookies (again): We may use cookie and IP address information to count and track Site visits and purchases in the aggregate, to personalize the Sites for each unique user, to control the frequency of individual advertisements to individual computers, and to target advertisements and promotions to broad demographic segments. We may also use IP addresses to help diagnose problems with our systems, and to administer our Sites.
Customer Service Issues and Contacts: We may use your personal information to contact you in response to customer service complaints you have submitted, to address a problem affecting your use of a product or service, or to verify information concerning a transaction.
Transaction Processing: When you make a purchase, we may need to provide personal information, including information such as your shipping address, billing information, telephone number, and credit card information, to third parties, including credit card and payment processing companies, as necessary solely to complete the transaction.
Legal Requirements: We may, in our sole discretion, disclose personal information when we deem necessary or appropriate to law enforcement or other entities or third parties as required by law or to protect our rights or the rights of others, to prevent harm to persons or property, to fight fraud, identity theft, or otherwise to comply with the law or legal process, to respond to claims, to protect our systems and customers, to ensure the integrity and operation of our business and systems, or to protect the rights, property, or safety of BreatheAware and its employees or others.
Business and Accounting Disclosures: We may also disclose non-identifying transaction information to third parties for the purpose of accounting and record keeping. We may also disclose aggregate user data or non-personal information in order to describe our services to prospective business partners, advertisers, and others, but will do so only in a form that does not identify individual users or Customers (including Employers and Third-party providers).
Third Party Tools/Services: At various points and pages on our Sites, you may be able to access or utilize tools and/or services offered by or in conjunction with third parties, including tools and services in connection with third-party "social media" and other sites that would allow personal information to be transferred to such third parties (for example, Facebook). These third parties have separate data collection and privacy practices independent from ours, and thus BreatheAware cannot be responsible for their policies or activities. Please contact those third parties directly if you have questions about their privacy policies.
Other Disclosures: Occasionally, we may disclose personal information in other circumstances, but we will only do this if we have explained at the time we collect the information the purpose for which it will be disclosed.
You may opt out of receiving communication from us, from Affiliated Companies, Partners, or from other third parties by using our online tools to opt-out of email communicaitons, by disabling automatic notifications you have set up, or by emailing us at: email@example.com.
In the case of email, we always include instructions to enable you to unsubscribe from future emails if you so choose.
Security & Compliance
BreatheAware uses industry-standard security measures in place to protect the loss, misuse, and alteration of the information under our control, and we make good-faith efforts to store your personal information in a secure operating environment.
Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or our online products or services, and you do so at your own risk.
Other Web Sites; Links
On our Sites and in communication with you, we may include links or referrals to businesses and Web sites operated by our business partners, affiliates, advertisers, and others. These third parties have separate data collection and privacy practices independent from ours, and thus BreatheAware cannot be responsible for their policies or activities. Please contact those third parties directly if you have questions about their privacy policies.
Social Media/Chatrooms/Message Boards
Our Sites may include or be connected with social media platforms, online forums, chat rooms, message boards, and other interactive technologies that allow comments, messages, emails, and postings to be associated with a user's name or email address. Any information you post is public information, and BreatheAware cannot control what use third parties may make of this personal information.
All of these forums are public. Please consider this before you post.
How can I access, update, or delete my information?
You may access or update the personal information we have collected by emailing Customer Service or online by logging into your BreatheAware account if you created one. When writing Customer Service, please have available your email address, order number, the name of the product you purchased, and the information you wish to change. Customer Service will use commercially reasonable efforts to respond to requests for personal information and our provision of the same is subject to legal and business restrictions. In addition, you may delete the cookie stored on your computer, which will cause our system to perceive you as a new user with no known user data. You may also set your browser to reject cookies, but doing so may prevent you from using some of our services.
Users Based Outside of the USA; Transfer of Personal Information
Like almost every Web site and business, BreatheAware and its Sites may be accessed by an international audience. By visiting any of our Sites and providing us with data, you acknowledge and agree that your personal information may be processed for the purposes identified in this policy. In addition, such data may be transferred and stored on servers located in the United States of America or otherwise outside your resident jurisdiction; such jurisdictions may have less stringent privacy practices than your own. Our Affiliated Companies and third party service providers may also be located outside of your jurisdiction. By providing us with your data, you consent to the transfer of such data. Personal information that is transferred or maintained outside of your jurisdiction could be accessible to law enforcement agencies according to the laws of the applicable foreign country.
What happens to my information if BreatheAware is sold to or merges with another company?
Changes to This Policy
This policy may change from time to time. If we make any substantive changes to the policy in the future with regard to how we use your information, we will post those changes on our Sites with the date of the last update. Your continued business relationship or use of the Sites after the changes are posted constitutes your agreement to the changes, both with regard to information we have previously collected from you and with regard to information we collect from you in the future. If you do not agree to the changes, please discontinue your use of our Sites or business relationship with us.
Breathe and ENJOY!
Last updated and effective: January, 2017