Phone Number (866) 564-2252

Ascend Full Face Gel Mask

Terms of Use

Thank you for visiting easybreathe.com (the “Site”). Please read the following information carefully. It governs your use of the Site. These Terms of Use govern your access to and use of the easybreathe.com website. The Site is available for your use on the condition that you agree to the terms explained below. This is a binding agreement. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE SITE. BY ACCESSING OR USING THE SITE, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

 

We may amend these Terms of Use from time to time at our discretion. We will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Site.

 

If you have a specific question, feel free to click to the appropriate section below:

 

 

Where can I find your Privacy Notice?

easybreathe.com respects your privacy. Our Privacy Notice governs the use of information collected from or provided by you at the Site. A complete statement of our current Privacy Notice can be found here: https://www.easybreathe.com/Privacy-Policy-2.html. Our Privacy Notice is incorporated herein by reference.

 

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What are the terms of sale?

All product sales from the Site are governed by any terms of sale that may be posted on the Site. You should refer to Our Company Policies, which can be found under the Customer Support tab, to learn more about applicable product warranties, our Return Policy, and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these terms. These terms of sale are subject to change without prior notice at any time, at Our sole discretion so you should review them each time you make a purchase. Additional information may be found in our FAQ sections of the Site.

 

You agree to pay in full the prices, plus any applicable taxes, for any purchases at the time of your online order by using any payment means acceptable to Company. If we do not receive payment from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. You may not resell any products purchased through or via any of the Properties for commercial purposes.

 

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What happens if I share or lose my account information?

If you open an account to use or access the Site, you must complete the registration process by providing the complete and accurate information requested on the registration form. You may be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You may share your account, username, or password with someone else at any time. You agree to notify us immediately of any unauthorized use of your account, user name, or password. We are not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by easybreathe.com, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password. We reserve the right to terminate your account at anytime.

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What age do I have to be to use this Site?

This Site is not intended for use by people under 13 years of age. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using portions of the Site for which registration is required; any information submitted by such users will not knowingly be used, posted, or retained.

 

You may only order products if you are 18 years old or older. If you place an order, you promise that you are 18 years old or older. If you are under the age of 18 and would like to purchase a product, your parent or guardian should place the order for you.

 

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Do I have to create an account?

easybreathe.com may require that you register and/or set up an account to use all features of the Site. In order to do so, you are required to provide a unique username, and choose a strong password. If any of your information changes, you should update it on the Site.

 

You may not pretend to be somebody else when registering and/or setting up an account on the Site. You may not authorize others to use your account. You may not sub-license, transfer, sell or assign your account without our written approval. Any attempt to do so will be null and void and shall be considered a material breach.

 

You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your account, with or without authorization, or who has access to any computer on which your account resides or is accessible.

 

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How can I delete my account?

By logging into your account, you may edit your billing and shipping address information, your phone number, and email address. If you would like to permanently delete your account, you can email us at [email protected]. Please note, your name, order history, and insurance account information cannot be deleted from our system.

 

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How does easybreathe.com verify insurance coverage?

The Check Your Insurance link opens a Typeform that collects your insurance information. This feature is optional. You can also fill out the “Check Your Insurance Coverage Today” form. These forms collect your first and last name, email address, phone number, zip code, and insurance carrier. You may be given the choice to complete your sign-up online, which prompts you to enter your Insurance Member ID and date of birth, or submit the form immediately, in which case you will be called to obtain that information.

 

Once we have your complete insurance information, it is verified by one of our team members. You will then receive an email and/or phone call letting you know that we have your coverage information and are ready to discuss it with you. If we do not receive a response, we may send your basic coverage summary to you via email.

 

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How do I comply with intellectual property laws?

Nothing posted on the Site grants a license to any easybreathe.com trademarks, copyrights, or other intellectual property rights, whether by implication, estoppel or otherwise. You should assume that everything you see or read on the Site is proprietary information protected by copyright or trademark unless otherwise noted, and may not be used except with the written permission of easybreathe.com. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.

 

The Site, as well as the selection and arrangement thereof, are the sole property of easybreathe.com and are protected by patent, copyright, trademark and other intellectual property laws and may not be used except in accordance with these Terms of Use or with Our express written consent. No part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site, smart phone, tablet or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent. If you print, copy, or download any part of the Site in breach of these Terms of Use, your right to use the Site will cease immediately.

 

All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Site are proprietary to easybreathe.com or such Marks’ respective owners. You may not display or reproduce the Marks other than with Our prior written consent, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.

 

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Can I review a product?

Yes! We love hearing from our customers. Feel free to click on “Add A Review” from the specific product page. Please keep the following restrictions in mind when leaving a review though:

 

  • We are not required to host, display, or distribute your User Content and we may remove it at any time.
  • You own and are entirely responsible for any content or materials that you may submit or transmit (“User Content”). All User Content is and will be considered non-confidential and non-proprietary. You acknowledge and agree that you waive any rights that you may have in any territory in respect of User Content, including but not limited to the right to be attributed as the author of the User Content.
  • We may use any or all your User Content, anywhere in the world for an unlimited period of time, for any commercial or non-commercial purposes. We may exercise these rights without notice to you and without paying any compensation to you.
  • You promise that: (a) you own or have acquired all of the rights in your User Content; (b) your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal rights of any third party; and (c) your User Content complies with these Terms of Use.
  • You agree to keep all records necessary to establish that your User Content does not violate any of the foregoing promises and to make such records available upon request.
  • We may, but are not required to, monitor and review your User Content. We do not endorse or control the User Content transmitted or posted on our Site and therefore, we are not responsible for it. We do not guarantee the accuracy, integrity, or quality of User Content and User Content may not necessarily reflect our views.
  • Please do not post any User Content that constitutes junk mail or spam. Please do not repeat the same posting multiple times in a day or week.
  • You agree not to use any obscene, indecent, or offensive language or to post any User Content that is defamatory, abusive, bullying, harassing, racist, hateful, or violent. Please refrain from ethnic slurs, religious intolerance, homophobia, and personal attacks.
  • You may not post any User Content that is encrypted, invades anyone’s privacy, or illustrates, references or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation (e.g., drug use, underage drinking). You agree to use the Site only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

 

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I think my intellectual property rights have been infringed.

easybreathe.com respects the intellectual property rights of others. Upon proper notice, We will remove user content or other applicable content that violates copyright law and terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send easybreathe.com’s copyright agent (listed below) a notification of claimed infringement with all of the following information:

 

  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • identification of the claimed infringing material and information reasonably sufficient to permit Company to locate the material on the Properties;
  • information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and, if available, an e-mail address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
  • your physical or electronic signature.

 

Please send all of the information listed above to the following Company copyright agent:

 

Easy Breathe, Inc.

11859 Wilshire Blvd. Suite 602

Tel: (866) 564-2252

E-mail: [email protected]

 

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Do you link to third party sites?

easybreathe.com may link to or be linked from other websites that are not maintained by, or related to, easybreathe.com. easybreathe.com does not endorse, and is not responsible for, the content of any of those third-party websites. You acknowledge that easybreathe.com has not reviewed and does not endorse the content of all sites linked to from this Website and is not responsible for the content or actions of any other sites linked to from this Website. We do not promise that the contents of any Linked Site are accurate, compliant with local, state or federal law, including any intellectual property laws. Your use of any Linked Site is at your own risk and you assume all responsibilities and consequences resulting from such reliance.

 

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Disclaimers and Limitations on Liability.

EASYBREATHE.COM PROVIDES ITS SITE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. easybreathe.com cannot guarantee that the Site or its content is error free and makes no representations about the technical accuracy or functionality of the Site or that the Content is accurate, error free or up to date. easybreathe.com makes no representations – your use the site is at your sole risk. We do not warrant that any information provided is accurate, reliable, up-to-date or correct, or that the Site will be available at any particular time or in any particular location. We also do not guarantee that the Site is free from viruses or other harmful components.

 

EASYBREATHE.COM AND ITS AFFILIATES, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR USE OF THE SITE, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, YOUR USE OF OR RELIANCE ON THE SITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states (including, but not limited to: Alabama, Arizona, Connecticut, Kansas, Maine, Maryland, Massachusetts, Minnesota, Mississippi, New Hampshire, New Jersey, Vermont, Washington, West Virginia, and the District of Columbia), may not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You may also have other rights that vary from state to state.

 

You hereby agree to release service provider, its affiliates and third-party service providers, and each of their respective directors, officers, employees, and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (“claims”), arising out of or in any way connected with your use of this site. If you are a California resident, you waive California Civil Code Section 1542, which states, in part: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

 

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Indemnity

You agree to indemnify, defend, and hold harmless easybreathe.com, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. easybreathe.com will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

 

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What governing law applies?

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles County, California, United States of America in all disputes arising out of or related to the use of the Site.

 

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Can I bring a class action lawsuit?

No Class Or Representative Proceedings: Class Action Waiver. YOU AND EASYBREATHE.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

 

Unless both you and easybreathe.com agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The court may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

 

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What if I live outside of the United States?

The easybreathe.com is hosted and operated entirely in the United States and is subject to United States law. Please do not provide us with any information or attempt to purchase our products if you live outside of the United States. If you are from a jurisdiction outside of the United States, please notify us so that we may take necessary action. This may include terminating your account and deleting your information. We are committed to resolving those issues, so if you have any questions about how we collect or use your information you may email us at [email protected].

 

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Whom should I contact with questions or concerns?

If you have any questions or comments relating to the easybreathe.com Site or this Terms of Use, send an email to [email protected] or call our customer service team at (866) 564-2252.

 

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When was this notice last updated?

September 14, 2017.

 

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