Last Updated: 02/11/25
These Terms of Service (the "Terms") govern your access to and use of the website B (the "Website," "we," "us," or "our") and any services, features, content, or applications offered by us (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.
1. Acceptance of TermsBy accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
2. Use of Our ServicesEligibility: You must be at least 13 years old to use our Services, or have the consent of a parent or legal guardian.Account Creation (Optional): If you create an account on our Website, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate and complete information when creating your account. Prohibited Conduct: You agree not to:Use our Services for any illegal or unauthorized purpose.Violate any applicable laws or regulations.Infringe upon the intellectual property rights of others or us. Upload or transmit viruses, malware, or other harmful code.Interfere with or disrupt the operation of our Services.Attempt to gain unauthorized access to our systems or networks.Collect or harvest personal information of other users without their consent.Engage in any form of spamming or unsolicited advertising.Misrepresent your identity or affiliation with any person or entity.
3. SMS Messaging Terms By opting in to receive SMS messages from us, you agree to the following terms in addition to the general Terms of Service:Consent to Receive Messages: You expressly consent to receive SMS messages from us at the phone number you provided, including marketing messages and transactional updates. You acknowledge that providing your phone number and opting in constitutes your prior express written consent to receive such messages.Message Content and Frequency: The content and frequency of SMS messages will vary depending on the specific program you have opted into and will be described at the point of opt-in.Message and Data Rates: You acknowledge that message and data rates may apply to SMS messages sent to you by us and by you to us. You are responsible for any such charges from your mobile carrier.Opt-out Instructions: You can opt-out of receiving SMS messages at any time by replying with STOP to any message you receive from us. You may also have other opt-out instructions provided at the point of opt-in.Support: For help with SMS messaging, reply with HELP to any message you receive from us.Disclaimer of Liability: We are not responsible for any delays in receiving or failures in the delivery of SMS messages, as delivery is subject to transmission by your mobile carrier.
4. Intellectual PropertyOur Content: The Website and its original content, features, and functionality (including but not limited to text, graphics, logos, images, software) are owned by N or its licensors and are protected by copyright, trademark, and other intellectual property laws. Your Content: If you submit any content to our Website (e.g., comments, reviews), you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish,translate, create derivative works from, distribute, and display such content in any media. You represent and warrant that you have all necessary rights to grant us this license.
5. Disclaimer of WarrantiesOUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
6. Limitation of LiabilityTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL [YOUR COMPANY NAME] OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNTYOU PAID TO US, IF ANY, FOR THE USE OF THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
7. IndemnificationYou agree to indemnify, defend, and hold harmless N and its affiliates, officers, directors,employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms, your use of the Services, or your violation of any law or the rights of a third party.
8. Governing Law and Dispute ResolutionThese Terms shall be governed by and construed in accordance with the laws of the State of [Your State/Jurisdiction],without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the federal or state courts located in O, and you hereby consent to the personal jurisdiction of such courts.
9. Entire AgreementThese Terms constitute the entire agreement between you and regarding your use of the Services and supersede all prior and contemporaneous agreements and understandings, whether oral or written.
10. SeverabilityIf any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
11. WaiverOur failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
12. Changes to These Terms We may update these Terms from time to time. We will post any changes on this page and update the "Last Updated" date at the top. We encourage you to review these Terms periodically for any changes. Your continued use of our Services after the posting of changes constitutes your acceptance of such changes.
13. Contact Us If you have any questions about these Terms, please contact us at:
Support@breatheclair.com