2. THE SERVICES. The Company’s services (“Services”) are designed to enable you to monitor your breathing health, to modify your breathing behavior, to upload your session information to a web server and edit the information, to review your sessions/records at your convenience, and to give specific authorization to others who may access your sessions/records. Services are entirely dependent upon your own actions.
3. REGISTRATION. In order to access many features of the Applications and Website you need to register and create an account. You will be asked to provide a chosen user name, your email address and to create a personal password to access your account. You are solely responsible for keeping your password confidential and for the activity that occurs on your account. COMPANY WILL NEVER ASK YOU TO SEND YOUR PASSWORD OR OTHER SENSITIVE INFORMATION TO US IN AN EMAIL. You need it to access your information on “the Website.” If you suspect any unauthorized use of your account or access to your password, change your password immediately. In addition, to gain the most benefit from the Application, you may be asked to provide voluntarily additional personal information such as age, height, weight, gender, level exercise and why you wish to use the Applications. You will be asked to answer the independently validated Questionnaire. All information provided by you in your registration must be truthful and complete. We may suspend or cancel your registration at any time without prior warning if you fail to comply with this Agreement without limiting any other remedies to which we may be entitled.
4. ELIGIBILITY TO USE WEBSITE AND SERVICES. Only adults, who are at least eighteen (18) years of age, are eligible to use Applications, Website and Services. In addition, to use these, you must be fully competent to enter into and to comply with this Agreement. Children over the age of fourteen (14) may be registered by their parent or guardian, provided that such parent or guardian manages the account for the child directly. The parent or guardian is responsible for providing supervision to ensure the minor's authentication information is kept secure and the credibility of the health record is maintained. By using Website, Applications and Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and can abide by all of the terms and conditions herein.
5. PAYMENT FOR SERVICES. You agree to pay all charges incurred in connection with your membership for the Services including any applicable taxes at the rates in effect when the charges were incurred. We may change the fees and charges then in effect, or add new charges, by giving you advance notice by email. You agree that you will pay for all requested Services in accordance with Company’s pricing guidelines.
6. TERM; RENEWAL OF SERVICE. The term of your membership will be as agreed to when you sign up for any Services. You may cancel your membership at any time upon notice to us.
7. SERVICE ASSISTANCE. You may contact us with questions about your account; receive technical assistance or information about Services by emailing Customer Service at firstname.lastname@example.org. You agree that we are not responsible for any adverse condition or event occurring due to an interruption of service for reasons beyond our control.
8. DATA LICENSE. In consideration for the Services provided to you, you agree to grant to us a non-exclusive license to store, index, manage, copy and/or distribute your recorded sessions and information without personal identifying information in any electronic format as collected, stored or distributed by us for a period concurrent with your membership, or, in the event that your membership ends for any reason whatsoever, personal identifying information will be removed immediately and only anonymous information kept.
10. USE OF THE COMPANY WEBSITE AND APPLICATIONS. Your use of Website and Applications is limited to learning more about us and our Services, registration as a member of the Company, and use of Services. You agree not to use Website or Applications for any other uses, including, without limitation, to store, aggregate, reproduce or distribute information available on Website in any way; to interfere with or disrupt operation of the Website or the networks or servers connected to Website; to impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; to upload, post or otherwise transmit any content that infringes the proprietary rights of any third party, or is otherwise unlawful or offensive; to harass or otherwise harm us or any other person or entity; or to engage in commercial activities of any kind. Any unauthorized use of Website and Applications will result in termination of all rights to use Website and Applications.
11. DISCLAIMER OF WARRANTIES. Your use of Applications and Website is at your sole risk. The materials available to you on the our Website or accessible through Applications and Services have been prepared for informational and educational purposes only and should not be construed as medical advice or a professional medical opinion. The BreatheSimple applications have not been approved by the Federal Drug Administration as a medical device and should not be used in lieu of any medical treatment. Information on the Website or available through Services is not guaranteed to be accurate, up-to-date, correct or complete, and you should not rely on it to diagnose your medical condition to make any other medical or health-related decisions. We expressly disclaim all liability for actions taken or not taken based on any of the contents of the Website or Applications. If we provide any specific examples of outcomes, we cannot guarantee a similar outcome in your case or the case of any third party. The content on the Website and available through Services is intended to supplement traditional medical care; it is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You acknowledge and agree that Company is not a provider of medical or health care services and does not practice medicine, or give medical advice. The Services offered, including information you provide, are for informational purposes only. Should you have any health-related questions or concerns about your health or medical status, please call or see your physician or other healthcare provider promptly. Never disregard professional medical advice or delay in seeking it because of anything you have read in the Applications or on the Website. If you think you have a medical emergency, you should call your doctor or 911 immediately. The transmission and receipt of information contained on the site, in whole or in part, or communication via the internet or e-mail does not constitute or create a doctor-patient, or other healthcare professional relationship between you and us. You agree that we are not responsible for any events that may be caused, in whole or in part, by mischaracterization, or misfiling of your profile, records or other data; We are not responsible for any damage to your records resulting from a technical failure or computer virus. You agree that we are not responsible for any medical diagnosis or decision by your health care provider that is based in whole or in part on your stored records on Website and/or Services. To the extent permitted by law, we expressly disclaim all other warranties, conditions, results, guarantees, or representations with respect to Applications, Services and Website, whether express or implied, including but not limited to the implied warranties of merchantability, merchantable or satisfactory quality, fitness for a particular purpose, non-infringement of third party rights, or arising from the course of performance, course of dealing, or usage of trade. We do not warrant that all errors, bugs, or defects can or will be corrected or that the Website, Applications or Services will operate bugfree, error-free, continuously, or uninterrupted. No oral or written information or advice that the Company provides to you shall create a warranty. In no event shall Company be liable to you or anyone else in connection with this Agreement for any loss, injury, or health problems caused in whole or part by its negligence or contingencies beyond its control in procuring, compiling, interpreting, storing, accessing, reporting, or delivering information.
12. THIRD PARTY CONTENT AND LINKS. You agree that we are not responsible and will not be held liable for any third party content within the Applications or on the Website or any third-party content, products or services available on another website through a link from Website. Links to third-party websites are for your convenience only, and their inclusion on Website does not imply any endorsement, guarantee, warranty or representation by us.
13. INTELLECTUAL PROPERTY. All materials in the Applications and Website, including, without limitation, text, databases, designs are protected by copyrights, trademarks, service marks, patents or other proprietary rights. Except as specifically permitted in this Agreement you agree that you shall not use the material on Website and Applications in any manner.
14. GENERAL TERMS. This Agreement is governed by the laws of the Commonwealth of Pennsylvania. Your use of Services may also be subject to other local, state, national, or international laws, and you are solely responsible for knowing and complying with all such laws. With the sole exception of any equitable actions, all disputes arising under this Agreement shall be submitted to binding arbitration in Philadelphia, Pennsylvania under the Commercial Rules of the American Arbitration Association by one arbitrator mutually agreed upon by both you and us. Costs of the arbitration shall be shared equally by each party. The arbitration award shall be final and each party shall comply in good faith to the entry of the arbitrator’s award in any court having jurisdiction. If judicial enforcement or review of the arbitrator’s decision is sought, the prevailing one of us shall be entitled to costs and reasonable attorneys’ fees. All claims you bring against us must be resolved in accordance with this Section. All claims filed or brought against us contrary to this Section shall be considered improperly filed. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our reasonable control. You agree that we may communicate with you via email and any similar technology for purposes relating to your membership or the Services and any other Services provided or which may in the future be provided by us or on our behalf. This Agreement sets forth the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.