Vitamin Diffuser Inc DBA Breathe B12
TERMS OF SERVICE
Hello and welcome to Breathe B12! We will use a few terms in these Terms:
- “Terms”: these Terms of Service, which are a legally binding agreement that governs your access to our Services
- “Breathe”, “we”, “us” or “our”: Breathe, Inc.
- “you” or “your”: you
- “Site”: breatheb12.com and its subdomains
- “Services”: our Site, any services that we make available to you through our Site, including the sale of Items in our Store, and any Notifications we send, collectively
- “Content”: text content, Notifications, emails, videos, images and audio, or any combination thereof
- “Notification”: a message sent by email
- “Store”: the official Breathe store, available at https://breatheb12.com/collections/all
- “Item”: something that is made available for sale using our Services, which may include, without limitation, Vitamin B12 Diffusers
Our Services allow you to receive updates by email or by using our Site.
Please read THESE TERMS carefully, as THEY contain an Agreement to Arbitrate, which requires that you and BREATHE, INC. arbitrate certain claims BY BINDING, INDIVIDUAL ARBITRATION instead of going to court and limits class action claims, unless you opt out of the Agreement to Arbitrate as described in the arbitration section (see Section 21 “Agreement to Arbitrate”).
1. Acceptance of Terms.
PLEASE REVIEW THESE TERMS BEFORE USING BREATHE, AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT. if you are viewing this on your mobile device, you can also view THESE TERMS via a web browser at https://breatheb12.com/terms-of-use/. IF YOU DO NOT AGREE TO THESE TERMS, THEN DO NOT USE our services, including our site.
BY USING OUR SERVICES, including our site, YOU REPRESENT TO US THAT YOU ARE AT LEAST 21 YEARS OLD (OR, IF OLDER, THE MINIMUM AGE FOR PURCHASING OR USING OUR PRODUCTS IN YOUR JURISDICTION) AND HEREBY INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS. OUR SERVICES ARE INTENDED ONLY FOR USE BY ADULTS AGED 21 (OR, IF OLDER, THE MINIMUM AGE FOR PURCHASING OR USING OUR PRODUCTS IN YOUR JURISDICTION) AND OLDER. IF YOU ARE UNDER THE AGE OF 21 (OR, IF OLDER, THE MINIMUM AGE FOR PURCHASING OR USING OUR PRODUCTS IN YOUR JURISDICTION), YOU MUST CEASE USE AND ACCESS OF OUR SERVICES IMMEDIATELY, AND YOU MAY NOT PURCHASE ANY OF OUR ITEMS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU BEAR FULL RESPONSIBILITY FOR KEEPING ITEMS YOU PURCHASE FROM OUR STORE AWAY FROM PETS AND THOSE UNDER THE AGE OF 21 (OR, IF OLDER, THE MINIMUM AGE FOR PURCHASING OR USING OUR PRODUCTS IN YOUR JURISDICTION).
Breathe reserves the right to revise these Terms in its sole discretion at any time and without prior notice to you other than by posting the revised Terms on our Site. Revisions to the Terms are effective upon posting. The Terms will be identified as of the most recent date of revision. Your continued use of our Site after a revised version of these Terms has been posted on our Site constitutes your binding acceptance of the revised Terms.
The information contained ON OUR SITE is for general interest and information purposes only and is in no way meant to be used to diagnose or prescribe medication or supplementation to treat any illness or symptom of illness. Treatment of illnesses and symptoms mentioned in this website should be in consultation with a physician.
By using our Services, you acknowledge that you fully understand that no product of ours is approved by the FDA as a cessation device or for any other purpose.
By using our Services, you acknowledge that you fully understand that our products are NOT intended to diagnose, treat, cure, or prevent any disease(s).
By using our Services, you acknowledge that you fully understand that the health implications of vaporizing, in general, and our products, specifically, are not fully understood.
By using our Services, you acknowledge that you will not use our products if you are sensitive to any of the ingredients or cobalt or nickel. A list of the ingredients in our products is available at https://breatheb12.com/contact/.
By using our Services, you acknowledge that you will immediately cease using our products if you experience any negative effects, including, but not limited to, soreness of the throat, tightening of the chest, cough, clubbing, external dyspnea (shortness of breath), fatigue, the production of sputum, and weight loss.
By using our Services, you acknowledge that you understand that our Site is not monitored and/or controlled in any way by medical professionals.
Under no circumstances will we be liable for any loss or damage caused by (a) failed delivery or receipt of Content, your reliance on information from our Services, or information provided by another user or (b) by any use or misuse of any of our Services or any Item purchased from our Store. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through our Services.
OUR SERVICES, ALL CONTENT ON OR ACCESSIBLE FROM OUR SERVICES, AND ALL ITEMS PURCHASED FROM OUR STORE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE THROUGH OUR SERVICES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING WITHOUT LIMITATION MECHANISMS FOR DOWNLOADING AND TRANSMITTING CONTENT) PROVIDED BY OUR SERVICES WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THAT OUR SERVERS OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE AND OUR AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
3. Scope of Service.
We may change our Services at any time. If you do not like our Services or these Terms, please let us know and provide constructive feedback by sending us an email at [email protected]. We do not promise to make any changes that you suggest, and your sole remedy if you are dissatisfied with our Services or these Terms is that you may discontinue your use of our Services at any time.
We may alter, suspend or discontinue our Services in whole or in part, at any time and for any reason, without notice. Our Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. In order to use our Services, you must have a computer or compatible mobile device with Internet access that can access our Site and/or receive Notifications.
When using our Services, your telecommunications carrier’s normal rates and charges apply. We are not responsible for any charges you incur from your telecommunications carrier as a result of use of our Services. You are responsible for ensuring that, at all times while using our Services, you are not in violation of your agreement with your telecommunications carrier.
Subject to these Terms and any other agreement between you and us, we grant you a limited, personal, nonexclusive, nontransferable, non-sublicensable, revocable license to use our Services, in each case, solely in the manner enabled by us and for your personal, non-commercial purposes. Your license to use our Services is automatically revoked if you violate these Terms. From time to time, we may upgrade our Services or make improvements to our Services. You agree that these Terms will apply to any such upgrades or improvements. The foregoing license grant is not a sale of any of our Site or Notifications or a sale of a copy of our Site or Notifications, and we and our partners and suppliers retain all rights and interest in our Services. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. We reserve all rights not expressly granted under these Terms.
5. Our Services.
- Notifications. From time to time, we may send you Notifications, which may provide news, alert you to certain benefits or upcoming merchandise, or confirm certain transactions.
- Purchasing Items from our Store. Our Services allow you to purchase Items from our Store. As further described below, there are certain restrictions on purchases from our Store.
- Acknowledgement to Receive Email. As a registered user of our Services, you agree to receive emails from us regarding our Services. We may from time to time send you email messages with information about your use of our Services. You may opt out from receiving certain emails by emailing [email protected] or electing to unsubscribe as may be provided in the applicable email correspondence.
As set forth in Section 3, we reserve the right to alter, suspend or discontinue our Services or your access to our Services in whole or in part, at any time and for any reason, without notice.
We may charge upfront fees or monthly recurring fees in connection with your use of specified Services. In all such cases, we will notify you of the amount of such fees and whether such fees are due on a one-time or recurring basis, before you opt-in to receive such Services. You understand and agree that all payments received by us in connection with your use of any Services are non-refundable.
7. Login Credentials.
In order to use some functionality of our Services, you will be required to register by providing certain information. We may ask you to complete a registration form and create a user name and password (“Login Credentials”). During any such registration, you are required to give truthful contact information (such as name and email address) in accordance with these Terms. You are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your Login Credentials.
We may enable you to login using a third party social networking service. If we enable you to login using a third party social networking service, the terms in the previous paragraph remain binding.
8. Your Content; Breathe Content; Uploaded Content.
You hereby grant us a non-exclusive, perpetual, irrevocable, worldwide, sublicensable, transferable, royalty free, fully paid up license to reproduce, distribute, prepare derivative works of, modify, translate, adapt, publicly perform, publicly display and otherwise use any Content that you submit to us, and you understand that we may allow any third party to use such Content as well.
Subject to these Terms and any other agreement between you and us, we hereby grant you a limited, personal, nontransferable, nonexclusive, non-sublicensable, revocable license to access and use Content available through our Services, solely for your personal and non-commercial use, and subject to any restrictions on certain types of Content set forth in these Terms.
You understand that the Content that is posted on our Services is used by you at your own risk.
We reserve the right to make changes to Content, descriptions or specifications of our Services, or other information without obligation to issue any notice of such changes.
Nothing contained on our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Services or any Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission or the permission of the third party that may own the trademark or copyright of material displayed on our Site.
9. Prohibited Conduct.
As a condition of your use of our Services, you will not use our Services for any purpose that is unlawful or prohibited by these Terms. You may not use our Services in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party’s use of our Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through our Services. You agree not to use false or misleading information in connection with your user account or impersonate any other person living or dead, and acknowledge that we reserve the right to disable any user account with a profile which we reasonably believe is false or misleading (including a profile that impersonates a third party).
In addition, you agree that you will not, and will not authorize or facilitate any attempt by another person to, use our Services to:
- Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Breathe.
- Use a name or language that we, in our sole discretion, deem offensive.
- Post defamatory statements.
- Post hateful or offensive Content or Content that disparages any ethnic, racial, sexual, gender, religious, or other group.
- Post Content that depicts or advocates the use of illegal drugs.
- Post Content that characterizes violence as acceptable, glamorous or desirable.
- Post Content which infringes another’s copyright, trademark or trade secret.
- Post unsolicited advertising or unlawfully promote products or services.
- Harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity.
- Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
- Exploit children under 21 years of age.
- Engage in disruptive activity, such as sending multiple messages in an effort to monopolize a forum.
- Invade the privacy of any person, including without limitation posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age).
- Solicit personal information from children under 13 years of age.
- Create a false identity or impersonate another person or entity.
- Encourage conduct that would constitute a criminal or civil offense.
We reserve the right to consider other conduct to be prohibited; the restrictions above are intended to be illustrative.
You agree not to, and will not permit any person or entity to: (i) use, or allow the use of, our Services for any unfair or deceptive practices or in contravention of any federal, state, local, foreign, or other applicable law, or rules and regulations of regulatory or administrative organizations; (ii) act in a fraudulent, tortious, malicious, or negligent manner when using our Services; (iii) obtain unauthorized access to any computer system through our Services; (iv) circumvent, remove or otherwise interfere with any security-related features of our Services, features that prevent copying or using any part of our Services or features that enforce limitations on the use of our Services or any Content; (v) introduce viruses, worms, Trojan horses and/or harmful code to our Services; or (vi) use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of our Services or any Content, except as permitted by our robots.txt file.
We reserve the right, without prior notice and in our sole discretion, to decide whether your use of our Services violates these Terms for any of the above reasons or for any other reason, and, if we do so, we may terminate your access to our Services.
By using our Services, you hereby agree to indemnify and hold harmless us and our officers, directors, employees and agents from any claims, damages, losses, liabilities, and all costs and expenses of defense (collectively, “Claims”), including without limitation attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with (i) your provision of any Content, (ii) your use of our Services and/or (iii) any user or other third party’s use of any Content that you submit via our Services. At our option, you agree to defend us from any such Claims.
11. Intellectual Property Rights.
You agree and acknowledge that the structure, organization and code used in conjunction with our Services are proprietary to us. You shall not, and shall not permit any person or entity to: (i) use our Services on a service bureau, time sharing or any similar basis, or for the benefit of any other person or entity; (ii) alter, enhance or make derivative works of our Services or any Content available through the foregoing; or (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from our Services. You shall not sell, transfer, publish, disclose, display or otherwise make available our Services including any modifications, enhancements, derivatives and other software and materials provided hereunder by us or copies thereof to others in violation of these Terms.
Unless otherwise noted, all Content contained on our Services is the property of us and/or our affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
12. Links to Third Party Sites.
13. Providers of Third Party Platforms.
You hereby acknowledge and agree that all of our licensors, suppliers or other third parties: (i) are not parties to these Terms; (ii) have no obligation whatsoever to furnish any maintenance or support services with respect to Breathe; (iii) are not responsible for addressing claims by you or any third party relating to our Services, including without limitation any product liability claims, claims under consumer protection laws or claims under any other law, rule or regulation; and (iv) have no responsibility to investigate, defend, settle or discharge any claim that our Services or use thereof infringes any third party intellectual property rights.
14. Limitation of Liability.
(a) Disclaimer. IN NO EVENT SHALL WE BE LIABLE TO YOU, ANY OTHER USER OF OUR SERVICES, ANY THIRD PARTY PROVIDERS OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF OUR SERVICES, YOUR CONTACT INFORMATION, CONTENT OR ANY INFORMATION CONTAINED THEREON, OR ANY USE OR MISUSE OF ANY ITEM PURCHASED FROM OUR STORE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
(b) Limitation. OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS SHALL NOT EXCEED THE GREATER OF (I) $100.00 OR (II) THE AGGREGATE AMOUNT YOU HAVE PAID TO US IN FEES, IF ANY, FOR THE SERVICES IN THE PRIOR TWELVE (12) MONTH PERIOD.
(c) Exclusions. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU BUT SHALL INSTEAD APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15. Jurisdictional Issues.
16. Billing and Payments
Except where noted otherwise, the prices displayed for Breathe products represent the full retail price listed on the product itself. We cannot confirm the price of an item until you complete an online order form; however, we do not charge your credit card until after your order has entered the shipping process.
We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Breathe the right to store and process your information with the third party payment service, which may change from time to time; you agree that Breathe will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service; the current version is attached as a link at https://www.authorize.net/company/terms/. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
17. Local Taxes
You may be charged local sales tax or VAT, if applicable.
18. Purchases by Nevada Residents
Nevada residents may be required by the Nevada Department of Revenue to pay additional taxes and fees due as a result of their purchases from Breathe.
19. International Orders
International buyers bear full risk and responsibility for clearing their local customs and paying for their local customs duties. We will not refund orders held or refused at customs.
20. Return Policy; Cancellation Policy
All sales are final. If you believe that you have received a defective unit please email our customer service department at [email protected].
21. Stopping Subscription/Recurring Orders
If you have purchased a subscription, you may stop your subscription at any time after the time you purchased it online. You will not receive any refund for charges already incurred up until the point of cancellation. To cancel a subscription/recurring order please email our customer service department at [email protected]. YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL.
22. Cancellation of Orders by Breathe
We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information.
23. Modifying and Terminating Service.
We may terminate your access to our Services, in our sole discretion, for any reason and at any time, upon electronic notice to you at the email address provided by you at registration or that you subsequently update, or through a third party social networking service that you use to login. You agree that we are not liable to you or any third party for any termination of your access to our Services. We may change and update our Services from time to time. We may add or remove features including without limitation making free services into paid services and vice versa. We will give you appropriate advance notice about any major changes, although you understand that we may stop, suspend, or change our Services at any time without prior notice. You may terminate these Terms at any time by ceasing to use our Services.
The following Sections of these Terms and any accrued obligations will survive any termination of these Terms: 1, 2 and 8-28.
24. Unsolicited Ideas and Feedback.
We welcome your feedback, ideas and suggestions (collectively, “Suggestions”). It is important to be aware of the following restrictions with regards to your Suggestions. If you send us any Suggestions, you agree that: (1) your Suggestion(s) become our property and you are not owed any compensation in exchange; (2) none of the Suggestion(s) contain confidential or proprietary information of any third party; (3) we may use or redistribute Suggestion(s) for any purpose and in any way; (4) there is no obligation for us to review your Suggestion(s); and (5) we have no obligation to keep any Suggestions confidential.
25. Governing Law; Dispute Resolution.
These Terms, and any dispute between you and us, shall be governed by the laws of the State of New Yorks without regard to principles of conflicts of law that would result in the application of the law of any other jurisdiction, except that the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions set forth below. Unless you and we agree otherwise, in the event that Section 27 is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Arbitration Procedures (as defined below) or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in Los Angeles, California, except that you or we are permitted (1) to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure; (2) to bring claims for injunctive relief in any court having jurisdiction over the parties; or (3) to seek enforcement of a judgment in any court having jurisdiction over the parties. To the extent permitted by law, you and we agree to waive trial by jury in any court proceeding.
26. Agreement to Arbitrate; Waiver of Class Action.
You may opt out of this Agreement To Arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within thirty (30) days of the date that you first became subject to this arbitration provision. The opt-out notice must state that you do not agree to the Agreement To Arbitrate and must include your name, address, phone number, your Breathe account to which the opt-out applies and a clear statement that you want to opt out of this Agreement To Arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement To Arbitrate. You must use this address to opt out:
901 Marquette Ave Suite 1500
Minneapolis, MN 55402
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to the arbitration procedures described in this Section 27 (the “Arbitration Procedures”) (other than a change to any notice address or Site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate the Arbitration Procedures from these Terms, such termination shall not be effective until thirty (30) days after the version of these Terms not containing the Arbitration Procedures is posted to our Site, and shall not be effective as to any claim that was filed in a legal proceeding against us prior to the effective date of removal.
In accordance with Section 24, this arbitration section will survive the termination of your relationship with us.
You may not assign or transfer your rights or obligations under these Terms in whole or in part to any third party without our consent. These Terms shall bind and inure to the benefit of the parties to these Terms and their respective successors, permitted transferees and permitted assigns. We and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. These Terms contain the entire understanding of the parties with respect to the transactions and matters contemplated herein, supersede all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by us, and cannot be amended except by a writing signed by both parties or by our posting of an amended version of these Terms on our Site. The headings and captions used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms. If any part of these Terms is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. We may use stock photography and artwork, for example, when representing people and their testimonials.
Our Services are available only to, and may only be used by, individuals who are 21 years (or, if older, the minimum age for purchasing or using our products in your jurisdiction) and older and who can form legally binding contracts under applicable law. If you are a parent or guardian and you discover that your child has created an unauthorized account on our Services, please contact us at [email protected] and we will remove the account.
29. For Additional Information.
If you have any questions about these Terms, please contact us at:
Copyright © 2017, Breathe, Inc., All Rights Reserved.
Updated: September 9, 2019