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Terms and Conditions

 

Terms of Use

These Terms of Use govern your use of the web site located at www.easybreathe.com (the “Site”) and any other website, microsite, mobile device application, Internet property or related service owned, or operated by us.  We refer to the Site and these other properties collectively as the "Properties.” The Properties are made available to you by Easy Breathe, Inc. ("Company" or "we" or "us"). BY USING THE PROPERTIES, YOU ACCEPT AND AGREE TO THESE TERMS OF USE. If you do not agree to these Terms of Use, you may not access or otherwise use the Properties.

Rights in Materials

As between you and Company, Company owns the Properties, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials on the Properties, and the look and feel, design and organization of the Properties.  This includes all intellectual property and proprietary rights in these materials. When you use or download the Properties you do not acquire any ownership of any such content, code, data or materials.

The Properties are only for your personal, non-commercial use. You may not make any commercial use of the Properties, or any content, code, data or materials on the Properties, unless you have received our prior written permission.

Except as we expressly permit, you may not download, display, copy, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Properties. Doing so may violate or infringe copyright and other laws of the United States and other countries, as well as applicable local and state laws, and may subject you to liability for such unauthorized use.

Trademarks

The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Properties are registered and unregistered Trademarks of Company (or other rights holders) and may not be used in any manner that is likely to cause customer confusion, or that disparages or discredits Company or the applicable rights holder. You do not receive, by implication or otherwise, any license or right to use any Trademark displayed on the Properties without our prior written permission.

User Information

When you use the Properties, you may be asked to provide certain personal information to us ("User Information"). Our information collection and use policies with respect such User Information are set forth in our Privacy Policy.  The Privacy Policy is part of these Terms of Use. 

You are solely responsible for the accuracy and content of your User Information and you agree to keep it up to date.

Use of the Properties

You are responsible for your use of the Properties and for any use of the Properties made using your account.  Accordingly, you are responsible for maintaining the confidentiality of your account and password.

Our goal is to create a positive and safe experience when you and others use the Properties. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us.   When you use the Properties, you may not:

·         violate any law or regulation;

·         violate or infringe any other party’s intellectual property, privacy, publicity, or other legal rights;

·         transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable or inappropriate;

·         make statements or post materials that are false or misleading;

·         send unsolicited or unauthorized advertising or commercial communications, such as spam;

·         transmit any malicious or unsolicited software;

·         stalk, harass, or harm another individual;

·         impersonate or misrepresent your affiliation with someone else;

·         use any means to "scrape," "crawl," or "spider" any Web pages contained in Properties (although Company may allow operators of public search engines to use spiders to index materials from Properties for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and Company reserves the right to revoke these exceptions either generally or in specific cases);

·         use automated methods to send more requests to the Company servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser; or

·         interfere with or disrupt the Properties.

We reserve the right to refuse service and/or terminate access to the Properties without prior notice for any user who violates these policies.

User Generated Content

As between you and Company, you own and are entirely responsible for any data, text, software, music, sound, photographs, graphics, images, videos, messages, or other content or materials that you may submit, transmit or otherwise make available on or through any Properties (collectively, "User Content"). All User Content is and will be considered non-confidential and non-proprietary. You acknowledge and agree that you waive any moral (or similar) 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 and the right not to have the User Content edited or changed in a way you are not happy with.

Utilizing User Content

You grant Company and its affiliates, representatives and assigns the right to use any or all your User Content, anywhere in the world for an unlimited period of time, in connection with the Properties for any commercial or non-commercial purposes.  We may exercise these rights without notice to you and without paying any compensation to you.  We may modify your User Content in our discretion.  Company is not required to host, display, or distribute your User Content and we may remove or edit it at any time.

User Promises

You promise that: (a) you own or have acquired all of the rights in your User Content (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Content) necessary for you to grant to Company the rights in your User Content as described in these Terms of Use; (b) you have paid and will pay in full any financial obligations, of any kind, arising from any use of your User Content; (c) you are the individual pictured or heard in your User Content, or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the applicable age in their territory where they can legally grant such permission themselves) who appears or is heard in your User Content to enable you to grant the rights to Company described in these Terms of Use; (d) you will make such permissions available to Company upon request; (e) your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal rights of any third party; and (f) 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 to Company upon Company's request.

Feedback

If you provide us with any ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback ("Feedback"), whether oral or written, we may use them for any purpose. We may do so without notice to you and without paying any compensation to you.  All Feedback regarding our Properties, products and services is and will be considered non-confidential and non-proprietary.

Monitoring and Managing User Content

We may, but are not required to, monitor and review your User Content.

Company does not endorse or control the User Content transmitted or posted on the Properties 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 the views of Company.

You understand that by using the Properties, you may be exposed to User Content that is offensive, indecent or objectionable to you.  We will not be liable to you in any way for any User Content, including, for example, for any errors or omissions in any User Content, or for any loss or damage of any kind experienced by you if you use or rely on any User Content made available via the Properties.

Digital Millennium Copyright Act

Company respects the intellectual property rights of others. Upon proper notice, Company 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, Company has 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 Company’s copyright agent (listed below) a notification of claimed infringement with all of the following information:

(a) 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;

(b) identification of the claimed infringing material and information reasonably sufficient to permit Company to locate the material on the Properties;

(c) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and, if available, an e-mail address;

(d) 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;

(e) 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

(f) 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: copyright@easybreathe.com

 

Please do not send notices or inquiries unrelated to alleged copyright infringement to Company’s designated agent.

Indemnification

You will fully compensate us and our directors, officers, employees and agents (that is, you will indemnify and defend us and them, and hold us and them harmless) for any and all claims, liabilities, costs and expenses, including reasonable legal fees costs, arising from your use of the Properties or your breach or violation of law or these Terms of Use.

We may, at our own expense, assume the exclusive defense and control of any matter otherwise subject to compensation by you, and in such case, you agree to cooperate with our defense of such claim.

Orders for Products and Services

We make certain products available for sale to visitors and registrants of the Properties. Our policies for pricing, shipping and returns as well as information regarding limitations on the availability of certain products are located shipping, returns, and other policies.

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. 

You agree to pay in full the prices for any purchases at the time of your online order by using any payment means acceptable to Company. You agree to pay all applicable taxes. If payment is not received by us 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.

Linking; Third Party Web Sites

If you include a link from any other Web site to the Site or to any of the Properties, such link shall open in a new browser window. You agree not to link from any other Web site to the Site or to any of the Properties in any way that "frames" any of our content or that surrounds or obscures any portion of the Properties with any other content, materials or branding. We may revoke your right to link to the Properties from your Web site at any time upon written notice to you.

You may be able to access or use the Properties from a third-party Web site, Internet resource, or software application ("Linked Sites"). You may also be able to access and use a Linked Site from a link available on the Properties. We have no responsibility for Linked Sites. The inclusion of any link to such Linked Sites on any of the Properties does not imply our endorsement, sponsorship, or recommendation of that site or of any product or service offered by that site.  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.

DISCLAIMERS

THE PROPERTIES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED AND ALL SUCH WARRANTIES AND CONDITIONS ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 

WE MAKE NO WARRANTIES OR CONDITIONS WHATSOEVER REGARDING THE PROPERTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES REGARDING:  INFORMATION, CONTENT AND MERCHANDISE AVAILABLE ON THE PROPERTIES; UPTIME OR UNINTERRUPTED ACCESS TO THE PROPERTIES; TITLE; NON-INFRINGEMENT; MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT WARRANT THAT THE PROPERTIES OR THE PRODUCTS, SERVICES, CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.

USING THE INTERNET MAY EXPOSE YOU TO CERTAIN RISKS.  WE ARE NOT RESPONSIBLE FOR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE PROPERTIES OR FROM DOWNLOADING ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE PROPERTIES.

WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE PROPERTIES IS CORRECT AND UP-TO-DATE, BUT IT MAY NOT BE. WE MAY CHANGE ANY OF THE INFORMATION PROVIDED ON THE PROPERTIES AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE WILL NOT BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE PROPERTIES OR ABOUT ANY MERCHANDISE OFFERED ON THE PROPERTIES.

THE FOREGOING EXCLUSIONS OF EXPRESS AND IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LOCAL LAWS. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, NEITHER COMPANY NOR ITS AFFILIATES, NOR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO THE PROPERTIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF USE OR YOUR USE OF THE PROPERTIES EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO COMPANY FOR YOUR PURCHASE OF PRODUCTS VIA THE PROPERTIES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

Applicable Laws

We control and operate the Properties from our offices in the United States of America. We do not represent that materials on the Properties are appropriate or available for use in locations to which we have not directed the Properties. Persons who choose to access the Properties from locations to which we do not direct the Properties do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these Terms of Use waive their respective rights to a trial by jury.

Termination

Company may change, suspend or discontinue any aspect of the Properties or the Properties’ services at any time. If you violate any of these Terms of Use, your permission to use the Properties automatically terminates.

Changes to Terms of Use

Company may, at its sole discretion, change, add to or remove any portion of these Terms of Use at any time. Changes in these Terms of Use will be effective when posted on the Properties. Your continued use of the Properties and/or the services offered on or through the Properties after any changes to these Terms of Use are posted will be considered acceptance of those changes.

Arbitration

You and Company agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Company hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and Company relating to the Properties or these Terms of Use (each a “Claim”) shall be submitted for binding arbitration in accordance with to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”).  The arbitration shall be conducted in Los Angeles County before a single neutral arbitrator appointed in accordance with the Arbitration Rules.  The arbitrator’s decision shall be controlled by these Terms of Use and any of the other agreements governing your use of the Properties.  The arbitrator shall not have the power to award punitive damages against any Party. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

You may not act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Company’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE ARBITRATION RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF.  OTHER RIGHTS THAT YOU OR COMPANY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.  

Miscellaneous

The Terms of Use and the relationship between you and us shall be governed by the laws of the State of California, without regard to its conflict of laws provisions.

Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found to be invalid, the parties nevertheless agree that the arbitrator or court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect.

 

Effective Date: 4/1/2014

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