Terms of Use

Terms of Use for Visitors to the Breathe Therapy ® Web Site

  1. Acceptance of Terms of Use
    PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
    Breathe Therapy®(“Breathe Therapy”) provides complimentary Internet-based communications and information services to you. By visiting this Web site, you are agreeing to abide by these Terms of Use without modification, and as such terms may be modified from time to time by Breathe Therapy. If you do not agree to these Terms of Use, please do not visit, browse, or register on Breathe Therapy’s Web site. Your continued use of Breathe Therapy’s Web site will signify your acceptance of any change in the terms and conditions set forth herein. Breathe Therapy may change the Terms of Use at any time and therefore you are advised to consult the Terms of Use each time you visit Breathe Therapy’s Web site.Breathe Therapy provides its information to you subject to the following terms of service. By visiting and interacting with this site you agree to the following terms:
  2. Information Contained on this Web Site The content on this Web site is presented in summary form, is general in nature, and is provided for informational purposes only. The content is not intended to be medical advice and is not intended in any way to be a substitute for professional medical advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or a treatment. Neither the content nor any other service offered by or through Breathe Therapy or this Web site is intended to be relied on for medical diagnosis or treatment. Never disregard medical advice or delay in seeking it because of something you have read on this Web site. You understand that information on this Web site may contain inaccuracies or typographical errors. You access this material at your own risk. Breathe Therapy, its licensors and its suppliers have no control over and accept no responsibility whatsoever for such materials. The text, graphics, images, products, programs and other material including software licensed by this Web site contained on this Web site (“Content”) may be changed, updated or discontinued at any time without notice to you. Products and pricing displayed or offered on this site may be changed or discontinued at any time without notice to you. You agree that Breathe Therapy, its licensors, and its suppliers do not guarantee the availability of any offer made on this site.License and Site Access

    Breathe Therapy grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Breathe Therapy. This license does not include any resale or commercial use of this site or its contents; any collection and use of any information or prices; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Breathe Therapy. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Breathe Therapy and our affiliates without express written consent. You may not use any meta tags or any other hidden text utilizing Breathe Therapys name or trademarks without the express written consent of Breathe Therapy. Any unauthorized use terminates the permission or license granted by Breathe Therapy. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Breathe Therapy so long as the link does not portray Breathe Therapy, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.

    Special License Restrictions for Non-Human Visitors

    Special restrictions on the above license apply to non-human visitors to any site governed by this agreement. Non-human visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, or harvesters. Such non-human visitors are restricted from signing up for accounts or taxing the resources of the website or any service provided by Breathe Therapy beyond what would be typical of a human visitor.

  3. Proprietary and Copyright Information
    CopyrightAll textual content on this site is the property of Breathe Therapy and protected by United States copyright laws.

    Upon acceptance of these Terms of Use, Breathe Therapy authorizes you to view or download a single copy of the material on this Web site solely for your personal, noncommercial use. Special rules may apply to the use of certain software and other items provide on this Web site. Any such special rules are listed as “Legal Notices” on this Web site and are incorporated into these Terms of Use by reference. The Content is protected by copyright under both United States and foreign laws, and title to the Content shall not pass to you or any other User. Unauthorized use of the Content may violate copyright, trademark, and other laws. None of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into an language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Breathe Therapy, except that you may reproduce limited excerpts of the data for personal use only, provided that each such copy contains a copyright notice as follows:

    Copyright [2009], Resolution Laser LLC, d/b/a Breathe Therapy.®
    All rights reserved.

    For information obtained from Breathe Therapy licensors, you are solely responsible for compliance with any copyright, trademark and other proprietary rights and restrictions and are referred to the publication data appearing in bibliographic citations, as well as to the copyright notices appearing in the original publications. You may not sell or modify the Content or reproduce, display, publicly perform, distribute or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other Web site or in a networked computer environment for any purpose is prohibited. Content is subject to change without notice at the editorial discretion of Breathe Therapy. If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

    Copyright Complaints

    If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Breathe Therapys copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Breathe Therapy that your copyrighted material may have been infringed.

    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    • A description of the copyrighted work that you claim has been infringed upon.
    • A description of where the material that you claim is infringing is located on the site;
    • Your address, telephone number, and e-mail address;
    • Include the following statement: I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.;
    • Include the following statement: I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed..

    Breathe Therapys Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
    Phone: (952) 546-5657
    Email :  info@breathelaser.com

    Please also note that you will be liable for damages (including costs and attorneys fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.

  4. Links
    Breathe Therapy’s Web site may provide, or third parties may provide, links to other Web sites or resources. Because Breathe Therapy has no control over such Web sites and resources, you acknowledge and agree that Breathe Therapy is not responsible for the availability of such external Web sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Web sites or resources. You further acknowledge and agree that none of Breathe Therapy, its licensors or suppliers shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Web site or resource.
  5. Electronic Communications
    When you visit Breathe Therapy or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.Comments, Communications, and Other Content

    Visitors, where applicable, may post comments and other content; as well as e-mail Breathe Therapy or participate in other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other content. Breathe Therapy reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Breathe Therapy a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Breathe Therapy and its sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Breathe Therapy for all claims resulting from content you supply. Breathe Therapy has the right but not the obligation to monitor and edit or remove any activity or content. Breathe Therapy takes no responsibility and assumes no liability for any content posted by you or any third party.

  6. Links
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    1. YOUR USE OF Breathe Therapy’S WEB SITE IS AT YOUR RISK. THIS WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EACH OF Breathe Therapy, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    2. EACH OF Breathe Therapy, ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT (i) THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE WILL BE ACCURATE OR RELIABLE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS WEB SITE WILL MEET YOUR EXPECTATIONS.
    3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
    4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THIS WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
  7. Liability
    YOU EXPRESSLY UNDERSTAND THAT IN NO EVENT WILL Breathe Therapy, ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY PARTY FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER HYPER-LINKED WEB SITE, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, GOODWILL, USE, PROFITS, OR OTHER INTANGIBLE LOSSES ON YOUR INFORMATION HANDLING SYSTEM, OR OTHERWISE, EVEN IF Breathe Therapy, ITS LICENSORS OR SUPPLIERS ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  8. Exclusions and Limitations
    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.
  9. Indemnity
    You agree to defend, indemnify and hold each of Breathe Therapy, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Content (including software). Breathe Therapy shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.Applicable Law

    By visiting Breathe Therapy, you agree that the laws of the state of Minnesota, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Breathe Therapy.

    Disputes

    Any dispute relating in any way to your visit to Breathe Therapy or to products or services you purchase through Breathe Therapy shall be submitted to confidential arbitration in Hennepin County, Minnesota, except that, to the extent you have in any manner violated or threatened to violate Breathe Therapys intellectual property rights, Breathe Therapy may seek injunctive or other appropriate relief in any state or federal court in the state of Minnesota, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

  10. General Information
    These terms of use constitute the entire agreement between you and Breathe Therapy and govern your use of this Web site, superseding any prior agreements between you and Breathe Therapy. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of Breathe Therapy to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web site of these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

    Site Policies, Modification, and Severability

    Please review our other policies, such as our Privacy Policy, posted on this site. These policies also regulate your visit to Breathe Therapy. We reserve the right to make changes to our site, policies, and these Terms of Service at any time. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms of service.