ibreathin.com reserves the right to suspend or terminate your account and your ability to use the Site or portion thereof for failure to comply with these Terms or any Separate Terms related to a service, for infringing copyright, or for any other reason.
- Changes in Terms
ibreathin.com has the sole right at any time and without prior notice to revise these Terms. ibreathin.com will post changes on the Site and it is your responsibility to review these Terms and any modifications.
ibreathin.com has the right at any time and without prior notice to terminate some or all of ibreathin.com services, any feature or portion thereof, or any products or services offered, and to terminate your right to access or use ibreathin.com services or any feature or portion thereof.
- Compliance with Laws
You agree to comply with all applicable laws and regulations regarding your use of the Site. You must be at least 18 years old to use ibreathin.com.
The text, images, photographs, graphics, videos, logos, illustrations, descriptions, data, and other materials on the Site, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the “Content”.
The Content may contain errors, omissions, or may be out of date. ibreathin.com may change, delete, or update Content at any time. The Content is provided for informational purposes only and is not binding on ibreathin.com.
All content, logos, graphics, pages, scripts, and service names included in or made available through any Site are subject to trade dress, trademarks, service marks, and/or copyright law and other laws that protect intellectual property in the U.S. and other countries. ibreathin.com’s intellectual property may not be used without ibreathin.com’s written permission. All other trademarks and service marks not owned by ibreathin.com that appear in any Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ibreathin.com.
You may view and use the Content for your personal information and for ordering and for no other purpose. ibreathin.com does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Site.
- Product Reviews
Product reviews appearing on the Site are prepared by third-parties (including, but not limited to, review pages, message boards, forums, text files, chats, etc.). ibreathin.com has not determined whether a specific reviewer’s experience is what an average or typical customer may expect to achieve.
Some services on the Site permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph.
- Disclaimer and Limitation of Liability as to the ibreathin.com Site and Content
UNLESS PROHIBITED BY APPLICABLE LAW, IBREATHIN.COM MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO IBREATHIN.COM, ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. IBREATHIN.COM ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF IBREATHIN.COM OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT IBREATHIN.COM OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH IBREATHIN.COM IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE IBREATHIN.COM SERVICES.
UNLESS PROHIBITED BY APPLICABLE LAW, IBREATHIN.COM SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE APPLICATION, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT IBREATHIN.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL IBREATHIN.COM BE LIABLE TO YOU FOR ANY AMOUNT.
- Electronic Communication
By using the Site you consent to receive communications from ibreathin.com electronically. ibreathin.com will communicate with you by email or by posting notices on the Site. You agree that all notices, disclosures, agreements and other communications that ibreathin.com provides electronically satisfies any legal requirement that such communications be in writing.
- Linked Third Party Sites
Links to other websites operated by third parties, do not constitute sponsorship, endorsement, or approval by ibreathin.com of the content, policies, or practices of such linked sites. ibreathin.com does not operate, control, or maintain linked sites and is not responsible for their availability, content, security, policies, or practices. Links to other sites are provided for your convenience and you access them at your own risk.
- Prices; Orders
ibreathin.com reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from ibreathin.com, for any reason. ibreathin.com reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.
- Disclaimer and Limitation of Liability
ibreathin.com provides the Site (including all Content) “as is” without warranty of any kind, whether express or implied. You are solely responsible for damage that results from the use of the Site including, but not limited to, damage to your computer system or loss of data.
IBREATHIN.COM SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
IBREATHIN.COM SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES FOR ANY CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU, OR $100 (WHICHEVER IS LESS).
- Hold Harmless and Indemnity
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify ibreathin.com, its parent company, and their respective subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third-party claim arising from or in any way related to your use of the Site, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
- Dispute Resolution
By using the Site, you agree that all disputes, claims, or causes of action arising from or related to your use of the Site will be resolved through binding arbitration in Wichita, Kansas in accordance with the rules of the American Arbitration Association. ARBITRATION OF A DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.