Last Updated on June 30, 2020
THESE TERMS OF SERVICE CONTAIN A BINDING ARNITRATION CLAUSE AND CLASS ACTION WAVER (IN SECTION 18) THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY AND OUR MANDATORY ARBITRATION PROVISION AND WAIVER OF CLASS ACTION PROVISION.
1. ACCEPTANCE OF TERMS
Thank you for visiting the Breathing Science Network, LLC. You arrived at this Terms of Service page from our landing page, referred to herein as “this web site”, “Site”.
The following Terms of Service are owned and maintained by Breathing Science Network, LLC. (hereinafter “BSN”, “We”, “Our” “Us” “the Network”) an govern your use of the web site, customer platform system (Platform), and all contents therein (collectively “the Site”, “site”) which allow us to provide our tele-learning services. The Site may be provided or be accessible via multiple landing pages owned and operated by BSN of which may be linked to third party Affiliate sites. Use of our online Platform through which Breathing Behavior Analyst services may be provided is available through www.BreathingScienceNetwork.com/BSN.
BSN operates from our location in Santa Fe, New Mexico, in the United States of America and primarily serves customers in North America.
Please read these terms carefully because all users of the Site are subject to these terms. The Site becomes available for use by you, conditioned upon your acceptance of all terms of service stated herein. By using the Site, you are acknowledging that you have read, agree, and understand these terms of service before accessing, using, subscribing, affiliate participation, or placing an order over this Site, accessing the Site, which links to these terms. Please read this Agreement carefully before starting to use the Site. If you do not understand and agree to be bound to any term of this Agreement, you must not access the Site. By accessing our Site and all we offer in any capacity whatsoever you and or your business acknowledge, accept, and agree to be bound these terms of Service set forth herein.
Our overall Terms of Service Policy also includes a subsectionssuch as displaying an Earnings Disclaimer and an additional Privacy Statement forming the legal agreement (the “Agreement”) between you (“you”, “ your Business” collectively “You”) and BSN. When you create a profile with BSN you are notified at the email address you provided about additional agreements for specific, also a part of these terms. You may print a copy of this agreement for your records.
2. THE ANALYST SERVICES
The Platformmay be used to connect you with a Breathing Behavior Analyst who will provide BSN Services to you.
We require all Analysts to earn a MasterofSciencedegree in the Applied Breathing Sciences and orto be certifiedas a Breathing Behavior Analyst, or certified in CapnoLearning, a Respiratory Fitness Approach. Breathing Behavior Analysts providing services with BSN completed studies at the Graduate School of Behavioral Health Sciences in Cheyenne, Wyoming, Behavioral Physiology Institute, Santa Fe, NM. or The Professional School of Behavioral Health Sciences, Cheyanne, WY.
Breathing Behavior Analysts must have a relevant health and or human service experience prior to successfully completing the necessary education, exams, training, and practice requirements as applicable through their graduate education in the Applied Breathing Sciences. All the Analysts who provide services have additional professional training, certifications, and experience within their specialties.
Breathing Behavior Analysts are independent consultants who are neither our employees, agents nor representatives. The BSNPlatform/Dashboardprovides access, delivery and management of services while the BSN Services themselves are the responsibility of the Analyst who provides them.
Scheduling with the same Analyst can facilitate continuity of learning it is for this reason that once you schedule with an Analyst you stay with them until learning sessions are completed when scheduled. If you feel the Services provided by the Analyst do not fit your needs or expectations, you may change to a different Analyst through the Platform. Contact BSN if you require assistance changing to a different Analyst.
While we hope BSN Services are beneficial to you, you understand, agree and acknowledge that they may not be the appropriate solution for everyone’s needs and that they may not be appropriate for every particular situation.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER (911 IN THE US) AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN PERSON ASSISTANCE. THE PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THE ANAYLST CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.
BSN IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS FOR PURPOSES SUCH AS, BUT NOT LIMITED TO, COURT-ORDERED COUNSELING OR MEDICAL SERVICES. IT IS ALSO NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE BSN FOR SUCH NEEDS.
DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH BSN.
3. Authorized Uses of The Site(s)
YOUR USE OF THE SITE IS SUBJECT TO THIS LIMITED LICENSE
The Site and all content therein, is the exclusive and private property of its owner(s) unless otherwise stated. Subject to these Terms, you are granted a personal, worldwide, non-transferable, non-sublicensable, no-exclusive, royalty-free, limited license to usethe Site which is permitted under a “limited license”. You must use this license only in the manner permitted by these Terms for the sole purpose of participating and enjoying the benefit of the Services provided by the Site.
You acknowledge and agree that: (1) the Site and all its’ contents is copyrighted material under United States and international copyright laws, trademark, and other intellectual property laws, (see section on intellectual property that is exclusively owned by Breathing Science Network, LLC; (2) you do not acquire any ownership rights in any site software, materials, and content; (3) except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the software without the express written permission of BSN; and (5) in the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
4. ACCOUNT ACCESS, REPRESENTATIONS, CONDUCT AND COMMITMENTS
You hereby confirm and agree that all the information you provided in or through the Platform now and in the future is accurate, true, current, and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current, and complete.
We do not knowingly collect personal information or data from visitors under the legal age required for entering in a legal contract. You may not use this Site if you are under the age of 13 (thirteen). If you make use of the Site, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), and have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
6. ACCEPTABLE USE POLICY
By using the Site you agree to use the Services in compliance with these Terms and all applicable rules and regulations, including the local, state, national, and international laws that apply to your jurisdiction. It may be illegal for certain persons to use the Site in some countries. BSN makes no claim that the Site will be legal or accessible outside the USA. Subject to these Terms you may view and access our content and Services as permitted on the Site only for your own personal, non-commercial use unless BSN has a written agreement with you otherwise. You further agree and acknowledge that your use of this Site and the Services results in you sending electronic interstate transmissions through our computer network, and such transmissions may include, but are not limited to, any searches, file uploads, posts, or emails.
You agree not to Use the Site in a manner that causes, or may cause, damage to the Site or in any way impairs visitor’s ability to access or use the Site and Services. You agree not to use or attempt to use the Site and contents to commit any harmful or unlawful act or attempt such acts on or through the Site or in conjunction with any other software, platform, or hardware or including, but not limited to, refraining from:
In addition to the foregoing, BSN requires you to follow these best practices when sending electronic communications:You further agree to conduct yourself and all of your businesses in full compliance with all applicable laws, through the use of BSN. If we believe that you’ve engaged in any of these activities, we may take a number of actions to protect BSN, its customers, and others at any time in our sole discretion
7. OUR PRIVACY STATEMENT AND YOUR PERSONAL INFORMATION
Privacy and Security
At times BSN may need to send you communication related to the Site or Services. Such communications are considered part of the Services, and you may not be able to opt out of receiving them without risk of compromising the service you ordered.
BSN reserves the right to access and disclose the information you submit to the Site if required to do so by law or if we have a reasonable, good-faith belief that doing so is necessary for (i) responding to your requests for service; (ii) An Analyst who provides a service to review information as a part of providing the service; (ii) addressing fraud, security, or technical issues, (iii) protecting the rights, property, and safety of BSN and its users, and the public; (iv) responding to legal claims and processes, or (v) enforcing these Terms, including investigating potential violations.
Your submission of personal information through the Website is governed by our Privacy Statement and, if you and/or your end users are located in the European Union or United Kingdom also read our Privacy Statement may be viewed in a link provided athttps://www.breathingsciencenetwork.com/login.php. BSN reserves the right to modify its Privacy Statement and additional Statements in its reasonable discretion from time-to-time. Our Privacy Statement is incorporated into this Agreement by reference.
Briefly, we generally collect only as much personally identifying information as is required to provide the services. Our general policy is not to disclose any personal nonpublic information of any visitor, customer, member, or client to any third-party, except under limited circumstances.
You also understand that the Site or portions of the Site are publicly available and that if you post on a public site or via social media your post (including any personal information therein) may be publicly accessible via search engines and other means on the public Internet. BSN assumes no responsibility for information that YOU make public, and we will not be liable for any harm or damages that may arise from disclosures of your personal identifying information made by you or others not in our control. You should be careful and avoid posting information you do not wish to disclose on a public site, via social media or providing access to others. If you post via social media, we do not have control over the content of your post.
If you elect to disclose your personal information, such as yourBSN service outcome to a third party or referring service provider, then release of your information is only granted and permitted by you. BSN will not release information of our own accord about you outside of what is within this agreement.
8. INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS; NO OPTION FORHOSTING THIRD-PARTY AGENCY ACCOUNTS
When you create a profile for BSN services, you will be required to create an account with BSN to receive tele-learning services. You hereby confirm and agree that the information you provide us now and into the future is accurate, true, current and complete. and that you are not impersonating another person. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current, and complete.
You agree to keep your login credential secure, and to comply with all password security policies, including password change and complexity requirements.You agree not to transfer your password or username, lend, or otherwise transfer your use of or access to your user account, to any third party. Unauthorized use of the Site or the content is strictly prohibited. You understand that if you are prompted to change your password, you may lose access to the Site, software, products, or services if you do not do so.
You agree to notify us immediately of any unauthorized use of your Account access into the Platform or any other concern for breach of your account security. You further acknowledge and agree that you will be liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss. You agree, confirm, and acknowledge that BSN will not be liable for any loss or damage that incurred as an outcome of someone else using your account, either with or without your consent and/or knowledge.
Your access can be revoked without warning if you violate these Terms. Except as otherwise expressly provided, your right to access and to use Site is personal to You (or your business upon written agreement). You may not share your access, username, login, or password to the Sites, or to any software, products, or services offered via the Site. You agree to keep your login credential secure, and to comply with all password security policies, including password change if specified.
Permissible use of the Site, includes all the uses which would normally be associated with a site of this nature, and which are not expressly prohibited herein and as determined by BSN. For example, our Site may providescheduling, rescheduling, canceling appointments with Analysts. Specified forms for services you schedule and to support Analysts in providing services to you.The Site can be shared with others via social media; however, you may not provide any link to an internal page on the Site that is not public, whether or not you have a URL for such page.
B. RESTRICTED ACCESS
Some parts of the Site, may be restricted to certain visitors. If you have permission to access restricted parts of the site, you agree not to share your access information and passwords with third parties. We may change restricted parts of the Site from time to time. If you do not have access to restricted parts of the Site, you agree not to use another user’s account to gain access or otherwise attempt to gain improper access to the restricted parts of the Site.
9. ACCOUNT SHARING, TRANSFERING OR SUBLEASING
BSN does not support account ownership sharing, selling or transferring. Furthermore, no account may be sublet or used on behalf of any business other than the account owner’s. So called “agency accounts,” are prohibited. Should your usage data indicate, in BSN’s sole and exclusive discretion, that you are operating an agency account, you will be subject to cancellation of your BSN user account or enhanced pricing for your BSN user account, at BSN’s sole and exclusive discretion.
BSN will always regard the person who is registered on the account as the person with whom the BSN agreement is with unless a new account agreement is formed.
BSN shall not be held responsible or accountable for any ownership conflict between two (or more) partners, associates staff members, customers or managers claiming ownership or control over an individuals’ or an Affiliate account with BSN.
You acknowledged, understand, and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death or end of the agreement term with BSN.
Please see Section 27 below for additional information.
10. MODIFICATIONS, Termination, Interruption and Disruptions to the Platform
BSN reserves the right to modify, add to, suspend, or terminate all or part of the Site such as the Platform, part of the Platform, or Services at any time with or without providing prior notice to you.If we suspend or end a service we reserve the right to reinstate it in the future and retain all rights to that service. This includes the right to create limits on our visitor’s use of Services. You agree that we are not liable for using or enforcing the rights stated in this paragraph. Unless we indicate otherwise.
11. INTELLECTUAL PROPERTY
Unless otherwise stated BSN and its permitted licensors own all intellectual property rights in the Site and its Contents. These rights include, but are not limited to, ownership of all text, graphics, video, video scripts, music, artwork, sounds and sound tracks, visual components, photographs, and computer code, as well as branding, logos, and such, copyrighted material, trademarks, including but not limited to the website, individual design elements, selection, layout, coordination, structure, expression, and sequencing, user interfaces, “look and feel,” design elements, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, service documents, software, BSN Portal (Platform), BSN forms and documents, downloads, and arrangement on the Sites, or in the software, products, or services, compilation of any of the foregoing items. Except for the limited rights granted by these Terms, neither these Terms nor your use or access to the site give you or any third party any intellectual property rights. We reserve all rights not explicitly granted by these Terms, which do not grand any implied licenses. BSN content is protected by US and international copyright, trademark, trade dress, and various other applicable intellectual property rights, including unfair competition laws.
You agree that you will not remove, replace, or obscure any copyright, trademark, service mark or other indicia of source or ownership, nor any notices or legends used in connection with any Content provided on the sites or software, products, or services offered through the Sites, nor with respect to anything that you may post or upload to the Sites (if uploading is permitted) or via any software or service. Any effort to remove, replace, or obscure such marks is a violation of our Terms of Service.
The prohibition on removing copyright and similar notices applies to any downloadable files that may be provided on the Site, even where we give you permission to share those files with others. You must share the file as we provide it and not remove our marks, notices, or legends. Third party content, if any provided by users may be copyrighted by such third parties and its use on the Sites is with permission, and is believed to be a fair use within the meaning of17 USC§107.
12. PROPRIETARY RIGHTS
Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Breathing Science Network unless specified in writing. BSN will respect the intellectual property of others, and we ask that all customers and you do the same.
You do hereby acknowledge and agree that BSN’s Service and any essential software and service platform that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that Content which may be contained in any advertisements or information presented by and through Services or by advertisers is protected by copyrights, trademarks, and other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by BSN or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transit, broadcast, publicly perform and/or create any plagiaristic works which are based on BSN Services (e.g. Content or Software), in whole or part.
Breathing Science Network, and other trademarks and service marks referenced herein are trademarks and/or service marks of Breathing Science Network, LLC.Breathing Science Network marks (whether or not registered) may not be used for any reason(s) without written permission, regardless of purpose or intent. You agree not to register, operate, or lease any domain with a confusingly similar name to any such mark(s) without permission from Breathing science Network. Any other trademarks or service marks used or mentioned herein, whether or not registered, are the property of their respective owners. Permission for the use of any third-party mark should be obtained from the owner.
For purposes herein, discussion or commentary that may involve federally registered trademark names, or names protected under the common law is believed to be normative use that is permissible and not subject to restriction.
We are always looking to improve our software, products, and services. We welcome your ideas, suggestions, and comments for improvements, new products and services. BSN accepts unsolicited ideas, and feedback solely on an unrestricted basis, meaning we are not limited in how we utilize, implement, or bring to the public the ideas, suggestions, or feedback. Our acceptance of your voluntarily submitted ideas, suggestions, or feedback is not an acknowledgement or admission that anything in the idea, suggestion or feedback is original to you. Unless we have agreed otherwise in writing prior to your submission you understand that we own all rights to any improvement(s) or new product(s) we make, whether or not they incorporate or appear to incorporate (in whole or in part) any idea, feedback, or suggestion you have provided. You agree to relinquish and/or assign any right, title, or interest in such suggestion that you might otherwise retain. You agree that our review and consideration of your idea, feedback, or suggestion and/or our implementation or development thereof (in whole or in part) as well as your access or continued access to the software, product, or service, are adequate compensation for your assignment thereof. Do not submit any ideas, suggestions, or comments unless you understand and accept the foregoing.
14. THIRD PARTY SOFTWARE
You acknowledge and agree that these Terms are solely between you and BSN, and not 3rd parties and their software such as webinar software, personal computer software,or other software not owned by BSN, and that we have 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 companies of 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 Apple or PC computers, 3rd party Software, or computer servicing. 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 not BSN.
You acknowledge that BSN is not responsible for addressing any claims having to do with 3rd party software such as Webinar software, CapnoTrainer Software, and other Software in 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.
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.
B. USER -DRIVEN MARKETPLACES
BSN provides the services we offer within different marketplaces. We cannot control the quality, content, nature, applicability, or reliability of services not offered by BSN. If you choose to purchase, register, download or engage with any services purchased with a third party, you should be aware that we do not and cannot guarantee that the information or material provided is accurate, current, or available. You understand that we assume no responsibility or liability for any content of third parties, and you agree that we are not responsible whatsoever for any actions you take with a third party, including any purchase arrangement.
C. THIRD PARTY SITES
The BSN Site may contain links and advertisements to third-party websites and services (collectively, “Third-Party Resources”). You agree and acknowledge that Third-Party Resources are not under our control and we are not responsible for the content, products, or services they provide. We provide access to Third-Party Resources only as a convenience to you and do not endorse, warrant, or make any representations regarding Third-Party Resources.
You should always do your own due diligence on any product or service prior to purchasing, to determine if it is right for you, whether there is a link to BSN Siteor not.Please see our Privacy Statementfor more details.
15. ORDER PLACEMENT AND ACCEPTANCE
When you schedule to receive a service through www.BreathingScienceNetwork.com/BSN, payment must be received and processedbefore the service can be full filled. BSN also requires specific information from you immediately following a purchase before you receive service from us. If any information we specify from you is missing, inaccurate, or incomplete you will need to provide it at least 48 hours before an appointment and at least 5 days before a shipment order leaves our NM office. If you cannot provide the information we specify to allow us to process your order before the date and time you select a service, then you are welcome to reschedule your service choice in order to allow more time to get the specified information to us before service (Section 14). We send emails to the address you provide us immediately after purchase with required action steps necessary for you to complete before servicecan be provided. To make sure you fulfill all action steps, login to your BSN account to review instructions and or check your email.
All service offerings are subject to availability. If a service is not available at the time you prefer, you are welcome to reschedule for a different date and or cancel your order. If you cancel an order and have been charged, you may be eligible for a refund when applicable for certain services (see agreement for the corresponding service and section 16). When purchase is made through an Affiliate please contact them directly regarding these considerations.
We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.
Your purchase of services is conditioned on re-affirming your acceptance of this Agreement.
All advertised prices and all payments shall be in U.S. Dollars.
16. CANCELLATION, REEMBURSEMENT, SCHEDULING
If you wish to schedule, reschedule, or cancel a pending order, you must login to the BSN Portal (Account dashboard, you created at https://www.breathingsciencenetwork.com/#booknow) to do so. If you make changes to your purchasethere may be additional fees. You must receive an email from us verifying we received your request for any schedule changes. If you do not receive a verification email from BSN your email may not have been received by us. It is your responsibility to make sure any changes you attempt to make are verifiedby our email.
A refund is available in some cases within the refund period where a written guarantee is expressly offered in connection with a particular product or service (for details see Client Service and CapnoTrainerRental Agreements and other relevant agreements upon purchase with BreathingSceinceNetwork.com/BSN) services. You agree to review the Appointment Policies and instrument rental Agreements by logging in to your account in the BSN Portal (Account platform) for details concerning cancellation, reimbursement, scheduling or stop on pending orders.If there are any stated conditions in a guarantee, you may need to document that you have satisfied the conditions. There are NO other warranties or guarantees made related to the use of the Site or the Content, for any products or services offered through the Sites. Any guarantees or warranties that might be implied by law are specifically disclaimed including but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement(Section 16).
If you purchased through a 3rd party affiliate you agree to contact them regarding all financial consideration having to do with your purchase.If you purchased through an Affiliate and BSN you will need to contact both parties to follow change in order procedures.
You agree to be responsible for paying all sums in connection with services in accordance with these Terms. By accessing, using, subscribing or purchasing a tele-learning service over the www.BreathingScienceNetwork.com/BSN, you authorize BSN to process paymentthrough the merchant we utilize (PayPal) in the amount indicated for the value of the services you select, applicable tax, together with any other fees plus any accumulated charges remaining for past service when applicable(collectively, “Fees”) unless stated otherwise in a written agreement. For PayPal terms and conditions you may learn more at their website https://www.paypal.com/va/webapps/mpp/ua/useragreement-full.
You consent to any price changes for such services after price changes are posted on the Site and or email notice has been provided to you.Failure of the customer to use any of the services purchased through the services provided by BSN does not relieve the BSN user of their payment obligations under these Terms.
Check the email account you provided to us with regularity and follow instructions to make sure you complete the required steps to receive servicesas you scheduledafter payment has been made. Services are provided whenthe action steps after paymentare completedwithin a specific time frame prior to service. If you have any question as to whether or not you completed the required steps after payment in a timely manner for receiving services as scheduledplease login to your BSN account where documents providing stepsare available. You agree to accept responsibility for completing the necessary steps in a timely manner as and to follow procedures for rescheduling.
You further acknowledge and agree that purchase payments are due before BSN services are provided(unless the service is cancelled in accordance with these Terms and the additional agreement for service, or payment is made to a different Affiliate).Payment is collected through PayPal applicable to your specific service order (e.g., according to service basis and for a specific amount).
When BSN services are purchased through an Affiliate you will need to defer to them for any questions regarding their Terms. Terms may vary from business to business.If paymentfor services is not released to BSN when you pay a Third-Party Affiliatebecause of a payment error or for other reasons you agree to cover payment in full to us directly for services provided within 16 days after service.
IF YOU ARE A BreathingScienceNetwork.com/BSN USER EACH PAYMENT WILL BE PROCESSED AT THE TIME OF YOUR DESIGNATED PURCHASE DATE. ANY PAYMENT DUE BEFORE THE END OF SERVICE WILL BE INVOICED TO YOU. IF YOU WISH TO CANCEL OR RESCHEDULE YOUR SERVICE WITH BSN, YOU MAY DO SO THROUGH YOUR ACCOUNT DASHBOARD.
18. SHIPPING FEES
Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product, we reserve the right to add applicable shipping and handling fees to your order or for shipping. Additional rates are added when faster shipping is specified.Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address, email address, and phone number information is required. Although we may provide deliveryshipment timeframes or dates, such dates are good-faith estimates and are subject to change.
We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any Third-Party carrier or other delivery service. The risk of loss and title for such items pass to you upon our delivery to any Third-Party carrier, See CapnoTrainer Rental Agreement for additional details.
19. PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE
Services, and prices are posted at the following URL, but are subject to change: http:BreathingScienceNetwork.com/BSN. At times, BSN may offer addition services on the Siteand when done so are nonetheless governed by this Agreement. BSN reserves the right, without notice, to discontinue services or modify specifications and prices on services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes of offerings will be posted on the website and or will take effect following email notice to you.
You also acknowledge that the content of services, including without limitation the materials and information provided to you is for education and learning, Services are proprietary to BSN; accordingly, you agree that you shall not communicate the lessons from BSN services to any other person, blog, or social media post or in writing.
BSN attempts to be as accurate as possible in its descriptions including descriptions of services, options, offered or available in the site. When ordering products or services, please note that BSN does not warrant that service descriptions are accurate, complete, current, or error-free. We make every reasonable effort to ensure accuracy, however, we cannot guarantee that every service, product description on the Site is 100% accurate, complete, reliable and/or error free. We do not assume any responsibility for the accuracy of any descriptions for any products or services sold by third parties for whom BSN provides our services through, nor the accuracy of the description of any third party product or service purchased outside of BSN. Except as expressly provided, your sole recourse is from the third party providing the product or service, or from who you purchased.
All sales/orders are final except as under certain consideration(Section 14)of these Terms. BSN’ descriptions of, or references to, products or services not owned by BSN are not intended to imply endorsement of that product or service, or constitute a warranty by BSN.
You agree to have access to the required supplies and instrumentationat least 48 hoursbefore a scheduled appointment as well as when instrument rentals are shipped within the rental term (see email- Breathing Assessment.pdf> Computer Requirements, for supply details).
If you plan to use an Apple computer you agree to do so only if the Microsoft operating system has been installed with Apple Boot Camp software, 2 USB ports,the email account you provided us on the same computer, and you know how to use Boot Camp.You acknowledge that BSN nor the manufacturer of the rental instrument provide support for software issues if they arise on Mac computers and therefore you agree to take full responsibility should problems arise.
Rental instrumentation is compatible PCs computer with a Microsoft operating system. On a PC computer you must have high speed internet, an email account on the same computer, at least 2 USB ports, video camera, and speaker that allows for both speaking and talking, and a headset that allows for both speaking and talking (no ear buds). You accept responsibility for having the right technology ready before your first appointment and duringthe rental termofservice and that BSN is not liableifyou do not have the right supplies within the term of service.
You acknowledge and agree that if you do not have the required supplies within the time frame for service that you are responsible for paying for the serviceduring the term as per the agreement. If you do not complete the service within the term you may purchase additional service time to allow for the option to complete service. You acknowledge and agree that BSN will not be able to fully provide services as intended if you are missing supplies and you accept responsibility financially and otherwise.
If you experience an instrument rental issue you agree to discontinue use immediately and contact us byemail to schedule an appointment without delay to access the problem.An instrument tune-up may be in order and can be a quick fix when addressed in a few days.
We provide rental instrument software and hardware support only when instrumentsare used on PC computers and are rented through www.BreathingScienceNetwork.com/BSN.If you requireinstrument software support for operating the rental instrument on a Mac you will need to contact your technical support person.
You accept and agree that BSN does not provide personal computer or software technology support other than the rental instrument specifically. You accept that BSN does not provide rental instrument software support on Mac products (see CapnoTrainer Agreement for details) and you will accept full responsibility for operating the rental instrument on the Mac for the term. We do not provide instrument rental support if you rent from a party other than BSN.
20. YOUR RESPONSIBILITIES IN RUNNING YOUR BUSINESS
When you engage BSN as a provider of our services you represent and warrant that you operate a business in good standing and you agree that there are no prior or pending government investigations or prosecutions against you or your business. You also agree that you and your business will only use BSN’s products and services for lawful purposes and that you shall not use such services, whether alone or in connection with other software, hardware, or services, for any unlawful or harmful purpose. You are solely and exclusively responsible for complying with any and all applicable laws and regulations in running your business, including, but not limited to, all laws governing advertising and marketing claims, subscriptions, refunds, premium offers, tax laws, and all additional laws applicable to your business. You agree to notify BSN if any investigation or lawsuit is threatened or filed against you, whereupon BSN shall have the right to terminate this Agreement without liability. BSN shall have no liability for your violation of any laws. You are solely and exclusively responsible for collecting and reporting any and all sales and use tax, and any other taxes, which may apply to sales of products or services by your business including, but not limited to, taxes which may apply to voluntary donations provided by your customers. BSN shall not be responsible to collect or report any taxes which may apply to your business or sales of products or services by your business. You agree to indemnify BSN as set out inSection 21inthe event that you and/or your business violates any law and a claim is threatened or asserted against BSN as a result.
21. INDEPENDENT BSN AFFILIATE PROGRAM
In some cases BSN may have an affiliate relationship with a third party on the site. If you purchase BSN services through a 3rd party Affiliate, then they compensate us for providing services to you. We endeavor to identify that relationship so that you understand you are purchasing through an Affiliate based on the unique business name that affiliate uses on the landing page for which BSN services are offered. BSN does not increase your cost to purchase the service through a 3rd party. When purchases are made directly with us, the URL is www.breathingsciencenetwork.com/BSN.
We are responsible for claims we have made regarding our services,you acknowledge that we cannot be held responsible for any claims made by third parties. When purchases are made for BSN servicesthrough an Affiliate you will need to contact that Affiliate regarding questions you may haveregarding their termsand policies. If the third party has offered products or services that are not part of our offer, you should contact them regarding delivery, support, or other concerns.
We endeavor to be selective in the people or businesses we allow to promote our products or services. If you believe that you have been promised a product, or service from a third party claiming to be our affiliate who does not follow through or deliver the promised service or products, and if you have been unsuccessful in resolving the issue, we would appreciate hearing about it. Problems can arise, and while we cannot take responsibility for such problems, if we see a pattern of problems with an affiliate we will determine if we should allow them to promote our products or services in the future.
To find out more information about the Affiliate program and the additional terms that apply, please email us atinfo@BreathingScienceNetwork.com, subject line: Affiliate program. For avoidance of doubt, all Sections of these Terms apply to you in your role as an Affiliate.
22. COMPLIANCE WITH THE LAWS, INCLUDING COMMITMENT AGAINST HARASSMENT AND INTERFERENCE WITH OTHERS
As a BSN user and/or Affiliate, you agree to comply with all laws, both U.S. and foreign, including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, e-mail marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), telemarketing laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227) and the Federal Trade Commission’s Telemarketing Sales Rule (16 C.F.R. § 310)), laws governing testimonials (including the Federal Trade Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part 255), and/or any similar laws, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws. You are solely responsible for ensuring their compliance with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you and your business, and any recipient to whom you send digital messages using our products or services. You have the responsibility to be aware of, understand, and comply with all applicable laws.
If you use any messaging software, including any BSN-provided messaging software which may in the future be created, or any other messaging system or other software or hardware provided by you or a third-party, you agree that you will follow all applicable laws with respect to sending messages, including without limitation the federal Telephone Consumer Protection Act. You further agree to indemnify and defend BSN from any claims, damages, losses, and lawsuits of any kind or nature that may be made or brought against BSN relating in any way to your violation of law or third-party rights by use or misuse of any messaging software or hardware, whether or not provided by BSN. You further understand and agree that BSN has no control over, and therefore cannot be responsible for, the functionality or failures of any third party software, including without limitation Facebook, Facebook Messenger, and internet browser notifications.
BSN DOES NOT WARRANT THAT ANY BSN MESSAGING SOFTWARE WILL BE COMPATIBLE WITH ANY THIRD PARTY SOFTWARE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF ANY AND ALL MESSAGING SOFTWARE AND/ORHARDWARE.
23. INTERNATIONAL USE and COMPLIANCE
Due to the global nature of the internet, you understand and agree that it is your responsibility to ensure that that your use of the Site complies with all local, international, and other laws that may apply. In addition, United States import and export control laws and the import regulations of other countries may apply to the use of the Site, You agree not to export, upload, post, or transfer, directly or indirectly, any software, technical data, or technology acquired through us, the Site, or the services in violation of such export or import laws, including but not limited to, the United States export Administration Regulations (EAR) and various United States sanctions programs..
Businesses Offering BSN Services
YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING BUT NOT LIMITED TO YOUR BUSINESS MODEL, APPROACHES, AND ORGANIZATIONAL STRUCTURES AND OFFERING DIFFERENT PRODUCTS AND SERVICES; THEREFORE, INDIVIDUAL RESULTS WILL VARY FROM PARTICIPANT TO PARTICIPANT.
BSN does not promise, guarantee, or warrant your business’ success, income, or sales. You understand and acknowledge that BSN will not guarantee or assume to provide sales leads or referrals to you or your business. Those businesses who create an account with BSN for access to our services will be granted access to our platform and tools to facilitate tele-learning service flow and delivery. However, we do not guarantee your business’ success and based upon many market factors that we cannot control, the software and tools we provide may not be tailored for aspects of your business. Further, we do not make earnings claims, efforts claims’, return on investment claims, or claims that our software, tools, or other offerings will make your business any specific amount of money. We do not sell a business opportunity, “get rich quick” program, guaranteed system, franchise system, or a business in a box. You should not utilize our products or services if that is your expectation. Instead, you should have BSN provide services to those who you think are likely to benefit with the understanding that using the information, services, support documents, and service platform are applicable for the services BSN offer and may not be applicable in all other business situations. Also, we do not offer any tax, accounting, financial, or legal advice. You should consult your business’ accountant, attorney, or financial advisor for advice on these topics.
B. THIS SECTION ONLY APPLIES TO THE MAXIMUM EXTENT PERMITED BY APPLICABLE LAW. THESITE AND PLATFORMWITH ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE CONTEMT PROVIDED ON THE SITE, WE, OUR SUBSIDIARES, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS EXPRESSLY DISCLAIN ANY AND ALL WARRANTIES AND CONTITION OF ANY KIND, WHETHER EXPRESS, IMPLED, OR STATUTORY, INCLUDING ALL WARTANTIES OR CONTITION OF MERCJANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
THIS INCLUDES, WITHOUT LIMITATION TO THE FOREGOING, NO WARRANTY THAT THE SITE, ITS CONTENTS, OR THE SERVICES WILL BE CONSTANTLY AVAILABLE OR AVAILABLE AT ALL, UNINTERUPPTED, USERFUL, TRUE, ACCURATE, NON-MISLEADING, TIMELY, RELIABLE, COMPLETE, ERROR-FREE, FREE OF OMISSIONS, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, LEGAL, OR SAFE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOUR USE OF THIS SITE AND THE SERVICES IS AT YOUR SOLE RISK AND WE ASSUME NO RESPONSIBILITY FOR HARM TO YOUR COMPUTER SYTEM, LOSS OF DATA, UNINTERUPED, TIMELY, THE DELETION OF INFORMATION YOU TRANSMIT ON THE SITE, OR THE DELETION OR FAILURE TO STORE OR TRANSMIT USER CONTENT OR PERSONALIZATION SETTING THAT MAY RESULT FROM YOUR ACCESS TO OR USE OF THE SITE AND SERVICES. FROM TIME TO TIME WE MAY SUSPEND AND OR DENY ACCESS TO THE SITES FOR UPDATES, MAINTAINANCE (SCHEUDLUED OR UNSCHEDULED), ENHANCEMENTS, IMPROVEMENTS, OR CORRECTIONS, OR TO MAINTAIN OR IMPROVE SECURITY.
YOU HEREBY WAVE ANY AND ALL CLAIMS AND CAUSES OF ACTION THAT MAY CAUSE DAMAGE TO YOUR COMPUTER OR INTERNET ACCESS.
THIS SITE AND ITS CONTENTS ARE PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY NOTHING ON THIS SITE CONSTITUES, IS MEANT TO CONSTITUTE, OR MAY BE USED AS ADVICE OF AN KIND INCLUDING, BUT NOT LIMITED TO, LEGAL, FINANCIAL (INCLUDING TRADING OR INVESTMENT PURPOSES), OR MEDICAL ADVICE, WE ENCOURAGE YOU TO CONSULT THE APPROPRIATE PROFESSIONAL SHOULD YOU REQUIRE LEGAL, FINANCIAL, MEDICAL, OR OTHER PROFESSIONAL ADVICE.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THREE (3) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLED WARRANTIES, SO THE ABOVE EXFLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT NE LAWFULLY LIMITED.
25. DISCLAIMERS OF OTHER WARRANTIES
BSN affiliates or their officers, principals, representatives, agents, employees, or consultants must not be interpreted as making guarantees regarding outcomes. BSN is not responsible for and shall have no liability for any success or failure, acts and/or omissions, the appropriateness of the participant’s decisions, or the use of or reliance on this information.
Your use of the Site is subject to your acceptance of any liability that may result as an outcome of the actions you take or fail to take based on the Content provided here.
(B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THE SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU MAY JAVE WHICH MAY NOT BE LAWFULLY LIMITED.
26. LIMITATIONS OF LIABILITIES
YOU HEREBY RELEASE BSN AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE ANALSYT SERVICES, OFFICERS, EMPLOYEES, AND AFFILIATES,INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS, RESPONSE, ADVICE, SUGGESTION, CONTENT OR INFORMATION, PRIVACY STATEMENT, THE SERVICES OR PRODUCTS, PLATFORM, OR A THIRD PARTY’S USE AND CONDUCT, OR ATTEMPTED USE OF THE WEBSITE, PLATFORM, OR OTHER MATTERS RELATED TO THE SITEAND THE AGREEMENTSEXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW.REGARDLESS OF WHETHER BSN HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT MAY OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SITE OR SERVICES. YOU FURTHER AGREE NOT TO BRING ANY CLAIM PERSONALLY AGAINST OUR SUBSITIARIES, OFFICERS, EMPLYEES, CONTRACTORS, AGENTS, AFFILIATES, PARTNERS, SUPPLIERS, OR LICENSORS.
THE LIMIATATIONS IN THIS SECTION APPLY REGARDLESS OF THEMANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUE, OR OTHERWISE.
NOTE THAT SOME JURISDICTIONS PROHIBIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCEDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE THE LIMITATIONS AND EXCLUSION ABOVE MAY NOT APPLY TO YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NOTHING IN THE SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU MAY JAVE WHICH MAY NOT BE LAWFULLY LIMITED.
27. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR AND YOUR BUSINESS’ RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND OR YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND YOUR BUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU AND YOUR BUSINESS MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES)AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
If you have a complaint, dispute, or controversy, you agree to first contact us atinfo@BreathingScienceNetwork.com, subject line: complaint, to attempt to resolve the dispute or controversy informally.
Any controversy or claim arising out of or related to the use of the Website, any product, service, Terms, the Privacy Statement, Agreements, or your relationship with us that cannot be resolved through such informal process or through negotiation within one hundred and twenty (120) days shall be resolved by mediation.If mediation cannot solve the matter the last option is a binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction in the courts of Santa Fe or Albuquerque County, New Mexico, U.S.A. All your claims must be arbitrated on an individual complainant basis, and cannot be consolidated in any arbitration with any claim or complaint of any other party or parties except as agreed upon in a writing, signed by Breathing Science Network, LLC. We agree that any claim we may have against you or your business will also be subject to this arbitration provision, except as provided in Sections 19 and 21 below.
The parties agree to submit a dispute clause to the mediator. The arbitration will be conducted by a single neutral arbitrator in the English language in the State of New Mexico. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Statement, Affiliate Agreement, this arbitration provision, and any other terms incorporated by reference into these Terms. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or BSN.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
The arbitrator shall follow the substantive law of the State of New Mexico without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You and BSN agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and BSN expressly waive any right to pursue any class or other representative action against each other.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the one hundred and twenty (120) day informal resolution procedures described above).
This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable by a Court having authority to opine on the matter, then that provision shall be severable from these Terms and the validity and enforceability of any remaining provisions shall remain unaffected. The provisions of this section survive any termination of the Terms and Conditions.
This provision survives termination of your account or relationship with BAN, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.
28. BSN ADDITIONAL REMEDIES
In order to prevent or limit irreparable injury to BSN, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of BSN or a third-party, BSN shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction in New Mexico restraining such breach, threatened breach, infringement, or threatenedinfringement. Nothing in this Agreement shall be construed as prohibiting BSN from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and or your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Santa Fe or Albuquerque New Mexico for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless BSN, its directors, officers, employees, licensors, owner(s), independent contractors, and subcontractors, from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party. We reserve the right to assume exclusive control over the defense of any claim or dispute for which you must indemnify us. You agree to cooperate fully with us in defending such claims or disputes, and you agree not to settle any such claims or disputes without our prior written consent. We will make a reasonable effort to provide you with notice of any such claim or dispute once we receive notice.
30. LAW AND JURISDICTION
These terms or your use of the Site, our Privacy Statement, or any matter concerning BSN, including your purchase and use or attempted use of any service or product, shall be governed by, and will be construed under, the laws of New Mexico, United States, without regard to or application of its conflict of law principles or your state or country of residence. These Terms, our Policy Statement are located at https://www.breathingsciencenetwork.com/login.php. Additional BSN agreements are provided during time of service.To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 25above, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Santa Fe County, New Mexico, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class wide or representative basis.
You acknowledge and agree that BSN has no control over agreements you may have with a Third Party.
31. NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT ACT
If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send BSN a counter-notice. Notices and counter-notices should be sent to BSN, by e-mail to info@BreathingScienceNetwork.com,Subject line: copywrite. These Terms fully incorporate by reference the DMCA Policy.In order to submit a notice of infringement of your copywrite material, we will provide you with a list of specified information to gather for your submission notice.
We may provide notices or other communications to you regarding this agreement or any aspect of the Platform, to the email address that we have on record for you, by regular mail or by posting it at the Site online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to info@BreathingScienceNetwork.com.
Notice to California Residents
Breathing Science Network receives and responds to complaints or concerns regarding services provided within BSN (for details see Contact section 34).
Notice to European Residents
BSN’s operations are located in the United States. If you provide information to us, the information will be transferred out of the European Union (EU) and sent to the United States. (The adequacy decision on the EU-US Privacy became operational on August 1, 2016. This framework protects the fundamental rights of anyone in the EU whose personal data is transferred to the United State for commercial purposes. It allows the free transfer of data to companies that are certified in the US under the Privacy Shield.) By providing personal information to us, you are consenting to its storage and use as described in this Policy.
32. FORCE MAJEURE
BSN will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.
33. ELECTRONIC SIGNATURE AND COMMUNICATIONS
Electronic communications occur whenever you use the site or Services, you send us emails, we send you emails, and we post notices on the Site, in the Platform, You consent to receive such electronic communications and agree that the electronic communications, including without limitations, wall notices, terms, disclosures, and agreements, as the same legal effect and satisfy any legal requirement that such communications would satisfy if provided to you in a written hardcopy.
34. CHANGES TO THE AGREEMENT
You can review the most current version of the Terms at any time athttps://www.breathingsciencenetwork.com/login.php. We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Statement or other Policies.Updates and changes will be posted to our Website at this location. It is your responsibility and opportunity to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.
35. YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have the right to bind the business for which you are using the Website; (3) have read this Agreement and thoroughly understand, have health capacity to enter into and agree to the terms contained in this Agreement; and (4) that you will not resell, re-distribute, or export any product or service that you order from the Website. You further represent that BSN has the right to rely upon all information provided to BSN by you, and BSN may contact you, your business, and any subaccounts you create by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.
You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against you, or any business related to you, by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you. If at any time during the life of the Agreement you, or any business related to you, becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify BSN of the same within twenty-four (24) hours. BSN, at its sole discretion, may end the Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by BSN without incurring any obligation or liability to you.
36. CHANGES TO TERMS AND CONDITONS
These Terms and Conditions are subject to change or modification at any time by BSN and at our discretion without notice. Except as specified elsewhere herein, your continued use of this web site after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the Terms and Conditions for updates.If you do not agree with the Terms and Conditions, then you are not authorized to use or access the web site and service platform in any manner or form. If you use our site or services, it is the latest version of these terms which legally apply.
In the event you have a dispute arising out of, directly or indirectly, these Terms or Your use of the Site or Services, you hereby release and forever discharge us, including our officers, owner(s), employees, contractors, affiliates, partners, licensors, from all related claims, actions,demands, disputes, damages, and liabilities, whether past present or future.IF YOU ARE A CALIFORNIA RESIDENT, YOUR HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATE: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN MY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
This Agreement will take effect (or shall re-take effect) at the time you click “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Site, respond to a request for information, accessing, or using the Site, complete a purchase, select a method of payment, and/or enter in payment method information, or create a BSN profile and service scheduling through an affiliate, whichever is earliest.
We may suspend or terminate your access to the Site at any time and for any reason or no reason at all, with or without notice, at our sole discretion. Where applicable, all rights and responsibilities of the parties under these Terms will survive the termination of this agreement, including, without limitation, intellectual property ownership, warranties, disclaimers, and limitations of liability.Upon termination, you remain responsible for any outstanding payments to BSN.
BSN reserves the right to immediately end a customer account and/or service for any unpaid (in whole or part with or without notice). Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event BSN starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided (Section 26).
39. VIOLATION OF TERMS
Should you breach these Terms, we may take any and all actions we deem appropriate in our sole discretion under the circumstances, including, but not limited to, suspending, blocking, or terminating your access to the Site and Services.
40. GENERAL TERMS
In event that these Terms are translated into other languages and there is a discrepancy between the two language versions, the English language version will prevail in all cases to the extent that such discrepancy is the result of an error in translation.
Waver and Severability
Our failure to enforce any right or provision of these Terms will not operate as a waiver of such right or provision. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by BSN
If any provision of these Terms or the application thereof is held to be invalid or unenforceable for any reason and to any extent, that provision will be considered removed from these Terms; however, the remaining provisions will continue to be valid and enforceable according to the intentions of the Parties and to the maximum extent permitted by law. If it is held that any provision of these terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deems to ne written, construed, and enforced as so limited.We may also, in the future, offer new services and/or features through the Website. Additional features and/or services shall also be subject to this Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
Your rights and obligations under these Terms, including any accounts, profiles, or personalization settings you may have, may not be assigned, subcontracted, delegated, or otherwise transferred by you without prior written consent, and any attempt to do so will be null and void (see section 7). We may freely assign these Terms and our rights and obligations hereunder without notice to you, and these terms will continue to be binding on assignees.
The rights of all parties under these Terms are cumulative and will not be construed as exclusive of each other unless otherwise required by law.
41. CONTACTING US
Customers are welcome to contact us with questions or comments about our services. Please feel free to do so by sending an email to firstname.lastname@example.org, Subject line: Service questions.
The same email can be utilized for questions or inquiries concerning these Terms, or additional inquires using a different subject line in the email such as:
Spam or Abuse, Subject line: Abuse.
Affiliate, Subject line: Affiliate
Support and Inquires, Subject line: Inquiry.
Notices from BSN may be made by a posting (or a link to a notice), within the BSN Portal, by email, or regular mail, at our discretion.