BARRATT BREATHWORKS, LTD.’S
INTERNET SITE TERMS AND CONDITIONS
Updated: November, 2019
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS AS WELL AS THE PRIVACY STATEMENT CAREFULLY BEFORE USING THIS SITE.
By using the Site (as herein defined), you agree to these terms and conditions as well as the contents of the Privacy Statement which is incorporated herein by reference.
Barratt Breathworks, Ltd. may modify these Terms and Conditions from time to time and without notice. Your continued usage of this website (the "Site") constitutes your acceptance of any such changes. If you do not agree to the terms set forth below, do not use the Site.
RESTRICTIONS ON USE
Material, services, data, and information (including pricing information) from, on, or offered through the Site and any other website owned, operated, licensed, or controlled by Barratt Breathworks, Ltd. d/b/a Barratt Breath Institute, or any of its related, affiliated, or subsidiary companies (together, the "Company") may not be scraped, extracted, downloaded, uploaded, sold, or offered for sale or use in any way (including for competitive purposes), without the prior written consent of the Company. To that end, and without limiting any provision in these Terms and Conditions or Privacy Statement, you agree not to use, or cause to be used, any computerized or other manual or automated program or mechanism, tool, or process, including any offline reader, site search/retrieval application, scraper, spider robot, to access, extract, download, scrape, data mine, display, transmit, or publish, any materials, data, or information (including pricing information) on any Company website (including the Site itself) for any purpose, including for purposes of selling, offering to sell, or otherwise make available such materials, data, or information. If you violate any of these Terms and Conditions or circumvent (or attempt to circumvent) any security or technological measures on the Site, your limited license to use the Site and related content automatically terminates.
SUBMISSIONS
Use of all remarks, suggestions, ideas, graphics, items, data, pictures, files, audio, video, other multimedia, or other information uploaded, displayed, posted, made available or otherwise communicated to the Company, another user of the Site, or the Site’s third-party server, through the Site (together, the "Submission") shall automatically be granted to the Company in the form of a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and fully sub-licensable license for the Company to use, edit, alter, copy, publish, distribute, of make derivative works of the Submissions for any purpose . For each Submission you post, make available, or otherwise communicate through the Site, you represent and warrant that: (a) you own or control all of the rights to such Submission and your use of the Submission does not violate any law, rule or regulation; (b) such Submission does not contain any virus, malware, or the like; and (c) such Submission does not violate these Terms and Conditions or any rights of any third party.
The Company will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities to a Submission that may appear in future Company operations. Except as noted below in this paragraph, the Company will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. The Company may remove any Submission that in its sole judgment violates these Terms and Conditions, including, but not limited to any Submission that it deems to be offensive, illegal or that may harm or threaten the safety of any person. The Company does not control or endorse the Submissions and disclaims all liability relating to the Submissions. Personally identifiable information that may be received at the Site is provided voluntarily by you and you consent to the Company’s collection, use, and storage of such personal information. This shall be used solely in accordance with the Company’s Privacy Statement provided on the Site. You acknowledge that you are responsible for whatever Submission you may submit, and you, not the Company, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
JURISDICTION
Except as described otherwise, all materials, services data, and information on the Site are made available only to provide information about the Company. The Company controls and operates the Site from its headquarters in Roanoke, Virginia, United States of America and makes no representation that these materials, services, data, and information are appropriate or available for use in other locations. If you use the Site from other locations you are responsible for compliance with applicable local laws.
DISCLAIMER
The materials, services, DATA AND INFORMATION ON the Site could include inaccuracies or errors. THE COMPANY may make changes (INCLUDING REMOVAL OF CONTENT OR SERVICES) or improvements at any time. THE MATERIALS, SERVICES, DATA, AND INFORMATION ON THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE CONTINUING, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL SERVICES, DATA, OR INFORMATION ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IN ADDITION, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING: THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, CONTINUED ACCESS TO, USE OF, OR TIMELINESS OF THE MATERIALS, SERVICES, DATA AND INFORMATION ON THE SITE, INCLUDING ALL SUBMISSIONS, CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SITE, ANY OF WHICH MAY BE REVOKED, REMOVED, OR TERMINATED, AS THE CASE MAY BE, BY THE COMPANY AT ANY TIME AND WITHOUT PRIOR NOTICE.
LIMITATION OF LIABILITY
The use of the Site and the MATERIAL, SERVICES, DATA, AND INFORMATION ON THE SITE is at your sole risk. neither THE COMPANY, its affiliates, nor their respective officers, directors, employees, and agents will not be liable for any damages or injury to person or property, including, but not limited to, any damages or injury caused by OR OTHERWISE RELATED TO any USE, failure of performance, error, omission, interruption, defect, DOWNTIME, delay in operation of transmission, computer virus or other harmful code, or line failure. THE COMPANY will not be liable for any damages or injury (including, without limitation, SPECIAL, incidental OR consequential damages, personal injury/wrongful death, lost profits, property damage, or damages resulting from lost data or business interruption) arising in tort, contract, or otherwise, that RELATE TO the site or any materials, SERVICES, DATA OR INFORMATION contained OR OFFERED therein, even if there is negligence or THE COMPANY or a THE COMPANY representative has been advised of the possibility of such damages, or both. FURTHER, THE COMPANY’s total liability to you for all losses, damages, and causes of action, whether in contract, in tort (including without limitation, negligence), or otherwise, will not IN ANY EVENT EXCEED THE GREATER OF (A) the AGGREGATE amount you paid to access the COMPANY DURING THE IMMEDIATELY-PRECEDING 12 MONTH PERIOD AND (B) $100.00.
TERMINATION
The Company may terminate or suspend your right to use the Site, any services provided on the Site, and/or the license to use the Company's goods or services as obtained through the Site, at any time. Your right to use the Site, any services provided on the Site, and/or the license to use the Company's goods or services as obtained through the Site shall terminate immediately and automatically if you should breach any of these Terms and Conditions. You agree that the following actions, among others and whether or not set forth herein, shall constitute a breach of these Terms and Conditions:
- Using the Site for any purpose in violation of local, state, national, or international laws;
- Using material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Using material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by the Company in its sole discretion;
- Distributing viruses or other harmful computer code;
- Taking any action that interferes or may, in the Company's judgment interfere, with the use or functionality of the Site including but not limited to spamming, flooding, or placing an unreasonable or disproportionately large load on the Company's servers;
- Engaging in any conduct that restricts or inhibits any person from using or enjoying the Site, or which, in the judgment of the Company, exposes the Company or any of its customers or suppliers to any liability or detriment of any type.
- More than one person using a unique user account on the Site without the Company's written permission.
- Any other action that, in the Company’s sole discretion, is inconsistent with the terms or spirit of these Terms and Conditions, the Privacy Statement, or the Company’s business.
In addition, the Company shall have the right, but not the obligation, to suspend or terminate your account and prevent you from accessing the Site at any time in the event the Company has any reason to believe, in its sole discretion (whether by reviewing its daily login tracker, reviewing its IP address tracker or otherwise), that your account is being misused or that your login or account information may be compromised. Termination shall not relieve you of your obligations under these Terms and Conditions. You agree that monetary damages may be an insufficient remedy and that the Company may also seek injunctive or other relief for a violation or threatened violation of these Terms and Conditions.
INDEMNITY
You agree to defend, indemnify, and hold the Company, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable attorneys' fees, resulting from, or alleged to result from, (a) your intentional or unintentional violation of these Terms and Conditions or (b) your use of the Site, including the Submissions.
JURISDICTION AND VENUE
You expressly agree that exclusive jurisdiction for any dispute with the Company, or in any way relating to your use of the Site or these Terms and Conditions, lies in the courts of the Commonwealth of Virginia located in the City of Roanoke, Virginia, and you further agree and expressly consent to the exercise of personal jurisdiction of such courts in connection with any such dispute including any claim involving the Company. These Terms and Conditions are governed by the laws of the Commonwealth of Virginia, without respect to its conflict of laws principles.
MISCELLANEOUS
If any part of these Terms and Conditions is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of the Site. The Company can revise these Terms and Conditions at any time and without notice by updating this webpage. The Site may be linked to other websites which are not maintained by or affiliated with the Company. The Company is not responsible for the content of those websites. The inclusion of any link to such sites does not imply endorsement by the Company of the sites. Please refer to the Privacy Policy for more information.
INTELLECTUAL PROPERTY INFORMATION AND POLICY
All trademarks are the property of the Company or, in the case of third party trademarks, their respective trademark owners.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to the Company or others without obtaining the prior written consent of the owner of such rights. The Company will remove any content or information from the Site which it in good faith believes to infringe the intellectual property rights of others upon receipt of proper notification to the Company by such rightholder.
Questions or comments regarding the Site should be directed by electronic mail to us through this link .
