BSNClient PortalUser Terms of Service
Last updated on October04, 2019
THE TERMS AND CONDITIONS SET FORTH BELOW (the “Terms”) GOVERN YOUR USE OF THE SITE (AS DEFINED BELOW) AND THE BREATNING SCIENCE NETWORK SERVICE (AS MORE FULLY DESCRIBED BELOW) AND RELATED SERVICES MADE AVAILABLE TO YOU ON OR THROUGH THE SITE (collectively, the “Service”). THESE TERMS INCLUDE ANY OTHER BREATHING SCIENCE NETWORK, LLC TERMS, CONDITIONS AND POLICIES WHICH ARE REFERENCED IN THESE TERMS AND ACCESSIBLE UPON REGISTRATION VIA THE EMAIL YOU PROVIDE TO BSN AND OR WITHIN THE BSN PORTAL, OR OTHERWISE AVAILABLE ON THE SITE. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND BREATHING SCIENCE NETWORK, LLC. (“BSN”, “we” or “us”) AND GOVERN YOUR ACCESS TO, AND USE OF, THE WEB SITE LOCATED AT WWW.BREATHINGSCIENCENETWORK.COM, AS WELL AS ALL ASSOCIATED BSN WEB SITES, SUBDOMAINS, MOBILE APPLICATIONS, PRODUCTS AND SERVICES LINKED TO WWW.BREATHINGSCIENCENETWORK.COM BY BSN, ITS PARENTS, AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, THE “Site”). ALL REFERENCES TO “SITE” INCLUDE ANY BSN SOFTWARE PLATFORM THAT BSN PROVIDES TO YOU, INCLUDING WITHOUT LIMITATION, IN A MOBILE APPLICATION. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU HAVE THE CHOICE NOT TO PARTICIPATE AND SHOULD NOT ACCESS OR OTHERWISE USE THE SITE, ANY SERVICES MADE AVAILABLE THROUGH THE SITE OR ANY INFORMATION CONTAINED ON THE SITE. BY CLICKING TO ACCEPT THESE TERMS OR BY USING THE SITE AND/OR SERVICE YOU SHALL BE DEEMED TO HAVE AGREED TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
BSN MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THE SITE AT ANY TIME. BSN CAN CHANGE, MODIFY, ADD OR REMOVE PROVISIONS OF THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THE SITE AND/OR BY PROVIDING YOU WITH NOTICE OF SUCH CHANGES BY EMAIL USING THE EMAIL ADDRESS YOU PROVIEDE TO BSN. IF ANY CHANGE, MODIFICATION, ADDITIONAL PROVISION OR REMOVAL OF A PROVISION IS UNACCEPTABLE TO YOU, YOU AGREE TO NOTUSE THE SITE AND THE SERVICE. IF INSTEAD, YOU CONTINUE TO USE THE SITE AND/OR THE SERVICE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.
BSN is not a healthcare provider; you should contact your Physician or another qualified medical professional for all your healthcare needs. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE DIAL 911 OR CALL YOUR PHYSICIAN OR ANOTHER QUALIFIED MEDICAL PROFESSIONAL.
If you register for a “beta” BSN Passport Account or other pre-release version of the Site and/or Service (“Beta Release”), you acknowledge and agree that the Beta Release may contain, in BSN’s sole discretion, more or fewer features or different licensing terms than a subsequent commercial release version of the Site and/or Service that may be offered. You further acknowledge and agree that any “beta” BSN Portal may automatically convert to a commercial release version upon the launch date of the Site and/or Service to the public (“Public Launch Date”). If you do not wish to continue using the Site or Service after the Public Launch Date, you may terminate your BSN Account access in accordance with the terms set forth below in the section titled “Termination”. While BSN generally intends to distribute commercial release versions of the Site and Service, BSN reserves the right not to release later commercial release versions of any Beta Release. BY CLICKING TO ACCEPT THESE TERMS OR BY OTHERWISE USING THE SITE AND SERVICE, YOU ACKNOWLEDGE AND AGREE THAT USE OF A BETA RELEASE MAY EXHIBIT SPORADIC DISRUPTIONS THAT HAVE THE POTENTIAL TO DISRUPT YOUR USE OF THE SITE IN GENERAL AND ANY OR ALL FEATURES OF THE SERVICE. ELATION SPECIFICALLY DISCLAIMS ALL DAMAGES RESULTING FROM YOUR USE OF ANY BETA RELEASE.
These Terms form a legally binding contract between you and BSN. By using the Site and Service, you represent, acknowledge and agree that either: (a) you are at least 18 years of age; or (b) if you are not at least 18 years of age, you are at least 13 years of age; the Site and Service are not intended for people under the age of 13. Elation may terminate these Terms and your use of the Site and Service without notice if BSN, in its sole discretion, believes that you are under the age of 13. If you are 13 through 17 years of age, you may not access or use the Site or Service without the consent of your parent or legal guardian and his or her agreement to these Terms on your behalf and his or her agreeing to take full responsibility for your compliance with them. You agree that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations, and responsibilities set forth in these Terms, and agree to comply with these Terms. However, your parent or legal guardian hereby agrees that to the extent any applicable laws provide minors in the place where you live, with the right to prevent their parents or legal guardians from accessing their personal service information or other information, that they will not attempt to access such information through the Service or otherwise, without in each case, the minor’s freely given consent (except as otherwise permitted under applicable law). In addition, you are only eligible to use the Service if: (a) you have registered and been approved by BSNmanagement (collectively, “BSN”) has invited you to use the Service via a BSN-issued email invitation; and (b) you have used the invitation code in such invitation to register with BSN to assess the BSN Portal as specified below in these Terms.
The Service through its features permits you to perform certain functions as further specified below. The Service’s features may change from time-to-time. You will be notified of such changes as specified in these Terms in this section of the BSN Portal.
1. Messaging. You may exchange messages with your BSN concerning services, including questions that you have regarding services, scheduling, rescheduling, canceling appointments, uploading BSN files.
2. Document Access. You may access, anddownload an electronic copy of your BSNservice forms during the time of service. The content of your BSN forms is maintained solely by you (and not you or us) determines the content on the forms you complete.Your health professional with your permission can upload your completedBSN forms with your agreement (separate from BSN agreements). We are not responsible for the content of the forms you or your health professional uploads, including without limitation, any errors, omissions or inaccuracies in your forms or additional content that may be uploaded pertaining to BSN services. If you have any questions about your Health professional’s privacy practices or any other questions relating to forms that are uploaded to BSN, please contact your health professional.
3. Document Download from BSN. You may request to have a summary of the BSN findings derived from services you received from BSN. We can create such summary with advance notification; otherwise, we are not obligatedtrack the content of your service sessions. We are not obligated to save participant BSN forms or documents once BSN services are complete. Your documents can be downloaded by you directly from the BSN Portal.
a.The content of your BSN profile is determined solely by you (and not you or us). We are not responsible for the content of your BSN profile summary, including without limitation, any errors, omissions or inaccuracies. If you have questions related to your BSN profile summary, you may log into the BSN Portal and make updates to keep your profile current during time of service. You are always able to view your current BSN profile by logging in to the BSN Portal. You are responsible for keeping your BSN Profile current during time of service. If we can not reach you or get content to you because your profile is not current then you accept that our attempt to reach you based on the information you provided is the same as reaching you. You will not be able to edit your BSN profile after service. All references in these Terms to your “BSN forms” include your BSN Profile, as applicable.
You are solely responsible and liable for your communications with your BSN Consultant and other users in connection with your use of the BSN Service. Please be polite and respectful when communicating through the Service. You acknowledge and agree that BSNhas rules for communication and if rules are breached as determined by BSN then we have the right to discontinue any of BSN services, Materials, Platforms, Portal, 3rd party services, alliance services without notice. BSN does not guarantee the accuracy, integrity, quality, reliability or suitability of communications. BSN does not pre-screen user communications. By using any communications feature, you understand that your use of platform features is solely at your own risk and BSN has no responsibility or liability to you in connection therewith. You understand and agree to follow rules of conduct on the internet. Although BSN requiresrules of conduct you recognize that we cannot guarantee participants will always follow Internet Notable rules; however, we can discontinue service for those who misuse BSN services, platforms, 3rd party software, and codes of conduct as BSN sees fit. If you come across inappropriate conduct during use of BSN Materials please notify use: info@BreathingScienceNetwork.com. You agree to hold BSN harmless for other people who act inappropriately.
Participating in BSN services or materials means you agree to helping promote a safe and friendly online environment conducive for BSN learning for all participants. You agree and understand to keep yourself safe and secure online. You agree and understand to participate in good conduct, fairness, responsibility and care, integrity, respect privacy of people, you agree not to promote other products or services and sell to others and follow core rules of Netiquette. BSN is not responsible or liable for any aspect of the relationship between you and any other person or entity, including without limitation, medical advice provided to you by any Physician, Therapist, or Mental Health professional or 3rd party. Any disputes between you and your health professional, a consultant or any other person or entity, whether arising from your use of the Service or otherwise, are solely a matter between both of you; BSN cannot become involved in such disputes.
Please use your common sense and good judgment before you share your BSN forms, personal information or other information about you with any other person through the Service. BSN does not control whom you choose to share your personal information withand we have no liability or responsibility to you to the extent you choose to make your personally identifiable information or other confidential information available through the Service. If you choose to make your BSN content available to third parties you may not do so through this service. You may however download your content and provide it directly to those you wish to have access and agree not to do so with intent of or for commercial use or financial benefit.
The information, documents, content, data, products, services, logos, graphics, images, software, technology, and know-how made available to you on the Site and through the Service, except to the extent you own any personal information contained in the Portal in accordance with applicable law, (together, the “Materials”) are the copyrighted and/or trademarked work and or belong toBSN and/or its suppliers, or are otherwise subject to BSN’s and/or its suppliers’ other intellectual property or other proprietary rights, including without limitation, patent, copywrite, and trade secret rights. Upon completion of BSN services, end of service term, cancelation, discontinued Portal access, and for any reason BSN determines access should be reduced or discontinued then BSN may do so. Discontinued use of BSN Materials can occur but may not be limited to the following reasons: Platform repair, misuse, end of service, and or updates. If there is a document you completed in the portal and you would like a digital copy it is up to you to download a copy before your service with BSN comes to a close as determined by end of service or for any other reason as determined by BSN. At times the Portal may be closed for technical repair and you understand and accept that if the Portal needs repair and is closed that your access to the portal can be affected. BSN cannot predict when the Portal will need to close for repair and cannot always notify participantsof closures should they occur. BSN does not keep client files or forms after service ends or comes to a close.
BSN grants you a limited, personal, revocable, non-sublicensable, non-transferable and non-exclusive license to access and use the Materials on your personal computer or mobile device solely as necessary to use the Site and Service for your personal use in accordance with these Terms. Except for the license set forth in the immediately preceding sentence, you acknowledge and agree that you have no right to download, cache, modify, edit, copy, display, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. Your use of Materials consisting of BSN Software and on line Platforms, Services and methods, (as defined below) are subject to the additional terms set forth below.
The limited license specified above terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of such limited license, you agree to immediately destroy any downloaded or printed Materials. “Breathing Science Network” and “BSN” are trademarks of Breathing Science Network in the United States of America. Other trademarks, names and logos on the Site or Service are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on the Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, and all associated copyright and other proprietary rights, methods, services, naming or similar naming, slogans, are the sole property of BSN. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or under a duly authorized license. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Site, Service or any Materials. All rights not expressly granted herein are reserved; there are no implied rights.
The Service may require or allow you to download 3rd party software, software updates or patches, access of BSN Portal,or other utilities and tools, forms, onto your computer or mobile device (collectively “Software rights”). Subject to your compliance with these Terms, BSN grants you a limited, personal, revocable, non-transferable, non-sublicensable, non-exclusive license to use the BSN Software, in object code form only, solely for the purpose stated by BSN at the time the Software rights is made available to you and in accordance with these Terms. Your use of the Software rights may also be subject to the terms of an end user license agreement. You may not sublicense, or charge others to use or access the Software rights. You may not translate, reverse engineer, reverse compile or decompile, disassemble, or otherwise attempt to discover the source code of the Software rights, Platforms, or make derivative works from or of the Software rights. You may not modify theSoftware rights, platforms, methods, or use it in any way not expressly authorized in writing by BSN Management.
You understand that the 3rd party Software BSN requires may not be consistent across all platforms and that the performance of the 3rd party Software and BSN Service and Portal may vary depending on your computer or mobile device. From time-to-time, BSN may provide you with updates or modifications to the Portal, Site and or 3rd party Software. You understand that certain updates and modifications may be required in order to continue making full use ofBSN Service, and materials. YOUR FAILURE TO INSTALL UPDATES MAY CAUSE 3rd PARTY SOFTWARE, BSN PORTAL, WEBSITE, AND/OR THE SERVICE TO SUFFER DEGRADED FUNCTIONALITY, FAIL TO PERFORM AS INTENDED OR CEASE WORKING ALTOGETHER. BSN WILL NOT BE RESPONSIBLE FOR ANY SUCH RESULTING OR CONSEQUENTIAL EFFECTS, LOSSES OR DAMAGES AND SUCH EFFECTS WILL NOT CONSTITUTE BREACH OF THESE TERMS OR GRANT YOU ANY RIGHTS OR REMEDIES AGAINST BSN OR BSN CONSULTANTS. There is no set schedule for the provision of updates. BSN and its suppliers expressly reserve ownership of all intellectual property rights applicable to the BSN Services, Platform, 3rd Party Software. All rights not expressly granted herein are reserved; there are no implied rights. The license granted to you in this paragraph shall immediately terminate (without any notice to you) if you breach any of the terms set forth in this paragraph or upon termination of your use of the Service for any reason.
Without limiting the terms of the previous section, the following applies to any BSNuse of 3rd party managed software or hardware that you access such as internet browsers, webinar software, use of computers, Microsoft, and apple products: You acknowledge and agree that these Terms are solely between you and BSN, and not 3rd parties such as Apple Inc. or its subsidiaries (collectively, “Apple”), PC software, webinar software, and that BSN has no responsibility for the 3rd party software you may use on personal computers you own or have access to. Your use of 3rd party software products must comply with the Usage Rules and other terms and conditions of those companiesof which BSN does not have ownership or provide service support for. You acknowledge that BSN has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple or PC computers,3rd party Software, or computer servicing. In the event of any failure of 3rd party software or hardware to run the rental instrument Software required for BSN online service if you have paid a fee for that computer or software you may notify that company and they will refund the purchase price for the Software to you according to the agreement you have with the Company for that product/s. To the maximum extent permitted by applicable law, BSN will have no other warranty obligation whatsoever with respect to the 3rd party Software or hardware, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of 3rd party Software or hardware to conform to any warranty will be solely governed by those 3rd parties and notBSN. You acknowledge that BSN is not responsible for addressing any claims of yours or any third party relating such as but not limited to Webinar software, computeror internet service or Software or your possession and/or use of these, including, but not limited to: (a) product liability claims; (b) any claim that the these companies fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; all such claims are governed solely by these Terms and any laws applicable to BSN as user of 3rd party Software. You and BSN acknowledge and agree that third party beneficiaries of these Terms as relates to the CapnoTrainer Software, and hardware and that, upon your acceptance of these Terms, they will have the right (and will be deemed to have accepted the right) to enforce these Terms as relating to the 3rd party hardware and Software of BP Ltd against you as a third party beneficiary thereof. You acknowledge that these Terms are between BSN and you. BSN Ltd, and 3rd parties are responsible for the Site, Service, Materials, and BSNonline presence. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a ‘terrorist supporting’ country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties. You must comply with any applicable third party terms of agreement when using the BP. Ltd CapnoTrainer Software and hardware.
In order to use the Service, you must complete a Client profile to gain access to BSN Passport account (an “Breathing Science Network, LLC Client Portal”). In order to participate in BSN online services you must use the URL and invitation code contained in the BSN-issued invitation email or text message service when available that you received from BSN.
In order to access theBSNPortalyou will be asked to provide the following information to BSN: your full name, cell phone number and email address, who referred you. We will ask you to create a password as part of gaining access to the BSN Portal. You may also have the ability to provide additional optional information during or after completing your Client Profile, which is not required to register for BSN in person services but is important for providing you with a more customized experience such as access to required forms and getting those forms completed and returned to us so you can be ready for your client session when using the Site and Service. Once you have submitted your BSNPortal information, a BSN administrator will have the right to approve or reject the request for service, this isBSN’s sole discretion. Services are not necessarily beneficial to all people and we reserve the right to provide services to those who are likely to benefit. You are responsible for providing and maintaining truthful, accurate, complete and current information (including identity and if applicable, payment information) in connection with your BSN Portal gaining you access to online services.
You are responsible for maintaining the confidentiality of your BSN Portal password, and you are solely responsible for all activities that occur using your password. You agree not to share your password, let anyone else access theBSNPortal or do anything else that might jeopardize the security of your BSNregistration or portal content. You agree to promptly notify BSN management if your password is lost, stolen or disclosed to an unauthorized third party; if there is any unauthorized use of your password; or if you know of (or suspect) any other breach of security in relation to the Site or Service.
By using the Service, you represent and warrant that all the information that you provide when registering for an BSP Portal and Services is accurate and complete and that you will keep such information up to date. You may change or correct your Client Profile information by logging into theBSN Portal directly.
By using the Site and Service, you consent to receive electronic communications from BSN and BSN consultant who provide service to you. These electronic communications may include notices about any applicable information concerning or related to the Site, Service, and helping you to get ready to receive services by completing specific steps. These electronic communications are part of your relationship with BSN. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
When using the Site and Service, you agree not to: (a) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) use racially, ethnically, or otherwise offensive language; (c) discuss or incite illegal activity; (d) use abusive, threatening, violent, explicit or obscene language or solicit/post sexually explicit images (actual or simulated); (e) post or transmit any content or communications that exploit children or minors or that depicts cruelty to animals; (f) post or transmit any copyrighted or trademarked materials, or materials that constitute trade secrets, or are subject to patents or other intellectual property rights, without the express permission from the owner; (g) disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation; (h) use any robot, spider, scraper or other automated means to access the Site or Service; or (i) take any action that imposes an unreasonable or disproportionately large load on our infrastructure or the infrastructure of our third party service providers. This list of prohibitions provides examples and is not complete or exclusive.
bSN reserves the right to immediately terminate your use of the Site and Service with or without notice for any action of yours that we determine in our sole discretion, is inappropriate or disruptive to the Site or Service or to any other user of the Site or Service. You acknowledge that unauthorized use of any Materials contained on, or accessible from, the Site or Service may violate certain laws, rules and regulations.
BSN may report to law enforcement authorities, and its suppliers, any actions that may be illegal or otherwise in breach of these Terms, and any reports it receives of such conduct. When legally required or at BSN’s discretion, BSN will cooperate with law enforcement agencies and its suppliers in any investigation of alleged illegal activity involving the Site or Service.
You hereby agree to indemnify, defend and hold harmless BSN and its parents, affiliates and subsidiaries and their respective officers, directors, consultant, agents, licensors, suppliers and business partners from and against any and all costs, damages, liabilities, suits, claims, and expenses (including, without limitation, attorneys’ fees and costs of defense) that BSN or any other indemnified party suffers in relation to, arising from, or otherwise connected with your use of the Site, Portal. Social media platform, and other digital access, and/or Service, or the use of the Site and/or Service by any person using your BSN Portal, including without limitation, arising from any violation of any applicable law, rule or regulation, or the infringement, misappropriation or violation of the copyrights, trademark rights, patent rights, trade secret rights, publicity rights, privacy rights, or other rights of any third party.
This Site may be linked to other web sites that are not BSN sites (collectively, “Third Party Sites”). You acknowledge and agree that the Third Party Sites may have different privacy policies, terms and conditions and/or business practices than BSN, and you further acknowledge and agree that your use of such Third Party Sites is governed by the respective Third Party Site privacy policy, terms and conditions and/or user guides which you hereby agree to comply with. We encourage you to review such third party policies and terms so that you understand your rights and obligations, and in the case of third party privacy policies, how such third parties collect, use and share your personal information.
BSN may provide links to Third Party Sites to you as a convenience, and BSN does not verify, make any representations or take responsibility for such Third Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third Party Sites. We are not liable for any harm you suffer as a result of visiting or otherwise interacting with Third Party Sites; we do not endorse such ThirdParty Sites. You access Third Party Sites and use their content, products and services entirely at your own risk. You should use your common sense and judgment, exercise reasonable caution and carry out your own due diligence before visiting Third Party Sites or using any products, services or content on such sites.
YOU AGREE THAT BSN AND ITS OFFICERS, DIRECTORS, CONSULTANTS AND AGENTS WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY PRODUCTS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY SITES AND/OR ARISING FROM YOUR DEALINGS OR COMMUNICATIONS WITH ANY THIRD PARTIES, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF, OR RELIANCE ON, THE PRODUCTS, SERVICES, CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.
BSN will use commercially reasonable efforts to establish and maintain administrative, technical and physical safeguards in connection with the data center facilities, servers, networking equipment, and software systems that are within BSN’s reasonable control, and that are used to provide the Site and/or Service, that are designed to: (a) protect the security and integrity of the BSN network; (b) guard against anticipated threats or hazards to the security and integrity of the BSN network; and (c) protect against the accidental or unauthorized access, use, alteration or disclosure of any of your information that may be provided to BSN in connection with your use of the Site and/or Service. The safeguards will be consistent with the generally accepted security for the hosting industry. However, BSN is not responsible for: (i) any unauthorized access to; (ii) alteration, deletion, destruction, damage, or loss of; or (iii) failure to store, any of your information, unless otherwise required by applicable law. You are solely responsible for taking your own steps to back-up your information, and for routinely archiving your information. (iv) failure of 3rd party hardware or software.
Your use of the Site, Service, Materials, your Client Portalinformation and any other information you obtain through the Site or Service is entirely at your own risk. The Materials and your records have not been verified or authenticated in whole or in part by BSN, and they may include inaccuracies or typographical or other errors. BSN does not warrant the accuracy, appropriateness or timeliness of the Service, Materials, your completed forms, or other information contained on, or accessible from, the Site, Client Portal, or through the Service. BSN has no liability for any errors or omissions in the Site, Service, Materials, your client forms, Client Portal, or other information, whether provided by BSN, your health professional, or our suppliers.
BSN, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, CONSULTANTS, EMPLOYEES, AND AGENTS, HEREBY DISCLAIMS AND MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, SERVICE, MATERIALS, YOUR CLIENT PORTAL FORMS OR CONTENT, OR OTHER INFORMATION, RELATING TO QUALITY, SUITABILITY, TRUTH, ACCURACY, COMPLETENESS OR OTHERWISE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, SERVICE, MATERIALS, YOUR COMPLETED FORMS AS A PART OF SERVICE, AND ANY OTHER INFORMATION CONTAINED OR PRESENTED ON THE SITE OR THROUGH THE SERVICE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR SECURITY. BSN DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER OR MOBILE DEVICE OR THAT MAY DAMAGE YOUR COMPUTER, MOBILE DEVICE OR DATA.
YOU ACKNOWLEDGE THAT THE SERVICE ALLOWS YOU TO COMMUNICATE WITH CERTAIN THIRD PARTIES. BSN HAS NO LIABILITY TO THE EXTENT IT IS UNABLE TO PROVIDE ANY COMMUNICATION FEATURE OF THE SERVICE, OR FOR ANY HARM LOSS OR DAMAGES SUFFERED BY YOU AS A RESULT OF ANY THIRD PARTY’S ACTS OR OMISSIONS ARISING FROM YOUR USE OF THE SERVICE. BSN SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, DATA LOSS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET.
NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT BSN’S WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
BSN AND ITS SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, LOSSES OR CLAIMS RESULTING FROM YOUR USE OF THE SITE, SERVICE, MATERIALS, YOUR CLIENT PORTAL CONTENT, OR OTHER INFORMATION MADE AVAILABLE THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION, YOUR RELIANCE ON THE SITE, SERVICES, MATERIALS, YOUR MEDICAL RECORD OR OTHER INFORMATION.
IN NO EVENT SHALL BSN OR ITS SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWSOEVER ARISING, EVEN IF IT KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
NOTHING IN THIS LIMITATION OF LIABILITY SECTION SHALL EXCLUDE OR LIMIT ELATION’S OR ITS SUPPLIERS’ LIABILITY FOR LOSSES OR DAMAGES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, ELATION’S AND ITS SUPPLIERS’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
The parties agree that the limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
BSNhas 3rd party providers oversee technical problems should they occur with the Site.BSNis located in the United States of America. The Site and Service are only intended for use by persons who would like service provided over the Internet. We do not ship instrumentation outside the continental USA.
By using the Service you hereby grant us a royalty-free, fully paid-up, worldwide, transferable, sublicensable license to use, copy, modify, distribute, and display the information contained service sessions (to the extent you have rights in such content under applicable laws) and any other information you provide to the Service, solely for purposes of BSN enabling communications between you and your BSN educator, consultant and BSN Management, and as otherwise necessary to provide the Service. We will never identify you nor disclose your other personal information unless specified by law or required to solve a problem with your use of services so that you can regain access.
Your use of the Site and Service is governed by the BSN Privacy Policy, which is available on our Site (the “Privacy Policy”). Information that you provide to your BSN consultant or educator through the Service (and information that you have previously provided to your BSN consultant as contained in your Client Portal or a 3rd party provider) is also governed by the terms of that 3rd party provider privacy policy; we have no control over others privacy practices. We encourage you to review others who may have referred you to BSN and who you have a privacy policy agreement with to review that agreement so that you understand how that 3rd party collects, uses and shares your personal information.
We may use usage patterns, trends and other statistical data derived from your use of the Site and/or Service for purposes of providing, operating, maintaining, or improving the Site and/or Service and for our advertising and marketing purposes. However, all such information will be aggregated and/or anonymized and we will never identify you nor disclose you’re your information or other personal information without your written consent unless law prevails.
If you provide any comments, questions, recommendations, suggestions, or related information to BSN by any means, concerning the Site, Service or Materials (collectively, “Feedback”), you hereby grant BSN a perpetual, irrevocable, royalty-free, fully paid-up, worldwide, transferable, sublicensable license to use, copy, modify, create derivative works of, publicly display, publicly perform, and distribute, without any attribution or compensation to you, any and all Feedback in connection with the Site and/or Service and/or any of BSN’s other products or services; however, you have no right to compel any such use.
If you violate these Terms, BSN may terminate and/or suspend your access to this Site, Service, Portal, and social media platforms without notice. These Terms will be governed by the laws of the State of New Mexico without regard to its conflicts of law provisions. Any law based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. Any dispute relating to these Terms will be heard exclusively in the state and federal courts located in Santa Fe, New Mexico; except that BSN may seek to enforce a judgment, protect its intellectual property rights, or seek equitable relief (including without limitation, injunctive relief (without being required to post a bond)) in any court of competent jurisdiction. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. BSN/s failure to enforce any of these Terms is not a waiver of such term. These Terms, (together with any other terms and conditions which govern your use of the Site, Service,Portal, social media, in each case as provided to you by BSN), are the entire agreement between you and BSN and supersede all prior or contemporaneous negotiations, discussions or agreements between you and BSN about the Site and Service.
You may stop using the Site and Service at any time, by ceasing to access the Site or otherwise ceasing to use the Service or Portal. Stopping use of these materials during the time of service can compromise service delivery and you accept and agree to that choice should you make it. You may also terminate your BSN Portal access by contacting us at info@BreathingScienceNetwork.com. If you do not here from us when you contact us by email it may be due to computer, internet issues, admin illness, holidays, or other unforeseen reasons, please recontact us again.
In addition to the termination rights set forth above in these Terms, BSN may at any time, for any or no reason, in its sole discretion and with or without prior notice to you: (a) suspend or terminate your use of the Site, Service or any portion or feature thereof; and/or (b) cease to provide the Site, Service or any portion or feature thereof, in its or their entirety.
All terms and conditions of these Terms which by their nature are intended to survive, will survive the termination of your use of the Site and Service, including without limitation, all terms which address the protection of BSN’s and its suppliers’ intellectual property rights; disclaimer of warranties; limitations of liability; your representations; and your payment and indemnification obligations.
If you have any questions about these Terms or would otherwise like to contact BSN for any reason, you can reach us by contacting us at info@BreathingScienceNetwork.com.