Q: Use of Aggregate Information
We may use the information you provide in aggregate (non-personally identifiable) form for internal business purposes, such as generating statistics and developing marketing plans. We may collect, store or accumulate certain non-personally identifiable information concerning your use of the Site, such as information regarding which of our pages are most popular. We may share or transfer non-personally identifiable information with or to our affiliates, licensees and partners.
Q: Updating Personal Information
If you are a registered member at www.breathetree.com, you can change your personal information at any time by updating your information at check-out.
Q: Special Events
If you elect to participate in any promotions, sweepstakes, surveys, questionnaires or other events during your visit to our Site, the rules or terms and conditions for those events may indicate that your personally identifiable information will be shared with third parties. By choosing to participate and submitting your personally identifiable information with respect to such events, you consent to disclosure of your personally identifiable information to such third parties.
Q: Service Providers
Breathetree seeks to protect the security of your personal information both online and offline. All credit card transactions are secure. Every on-line order is encrypted and sent through a secure server, using SSL technology to prevent information from being intercepted.
Confidential information such as your credit card number will be used only to fulfill your order. To protect your privacy, we will ask you to enter your credit card number and expiration date each time you place an order with us. This way, even if someone else accesses the account information stored on your computer, they won't be able to use your credit card.
E-mail is not encrypted and is not a secure means to transmit credit card numbers. We will only display the last 4 digits of your credit card number on your account.
Q: Personal Collection of Personally Identifiable Information by Breathetree
We use email to communicate with you about your orders. Only with your permission will we email you for any other reason - - e.g. to let you know about special promotions. We know this is a privilege and not a right...we don't like getting unwanted junk email either. You have the option to decline or approve email communications from us at any time. Just select the appropriate response in your account information.
Use of Personally Identifiable Information by Breathetree.
Q: Notification of Policy Changes
Q: Fraud Protection and Compliance with Law
We may disclose any information, including personally identifiable information, we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request. We may also exchange information, including personally identifiable information, with other companies and organizations for credit fraud protection and risk reduction.
Q: Cookies, IP Addresses, Pixel Tags and Tracking Technology
We may place a "cookie" on your computer's hard drive so we can recognize you as a return user and personalize your experience. A cookie is a piece of data that enables us to track and target your preferences. The cookie will be stored on your computer's hard drive until you remove it. We may also use temporary or "session" cookies to help you shop. These cookies will expire when you place an order. You can have your browser notify you of, or automatically reject, cookies. If you reject our cookies, you may still use the Site, but you may be limited in the use of some of the features. In addition, we may use IP addresses to analyze trends, administer the Site, track traffic patterns, and gather demographic information for aggregate use, as well as in combination with your personally identifiable information for credit fraud protection and risk reduction.
Similarly, when you visit this Site or view one of our emails, we may use pixel tags (also called "clear" gifs), tracking links and/or similar technology to note some of the pages you visit on our Site and personalize your experience. We may also use pixel tags to determine what types of email your browser supports. We may use the information collected through pixel tags, tracking links and similar technology in combination with your personally identifiable information.
Breathetree does recognize your ISP (internet service provider), however, we cannot identify you as an individual. If you make an on-line purchase we do collect information (such as sales statistics and traffic patterns) to help improve your shopping experience. We keep all information confidential.
Q: Contacting Us
We welcome your comments and questions about privacy. Please send email to firstname.lastname@example.org.
We are confident that your visit to www.breathetree.com is secure and safe. However, you may choose to call us directly to place your order over the telephone. Please call Customer Service at 734-740-0426.
Q: Communications to Serve You
If you have elected to provide us with your contact information, e.g., by registering at the Site, emailing our Customer Service department or placing an order, we may provide you with service related announcements concerning the Site or contact you regarding your customer service requests or your order. For example, all registered users will receive an email to confirm their order. These types of communications are necessary to serve you, respond to your concerns and to provide the high level of customer service that Breathetree offers its customers.
Disclosure of Personally Identifiable Information
We will never provide your personally identifiable information to third parties for their use in marketing their products or services to you without your consent. YOUR COMPANY NAME HERE takes great pride in having you as a customer and we will ensure your privacy as a customer. Breathetree does not sell or exchange names or any other information about our customers with third parties.
If you select during the order process or at other times when you submit personally identifiable information, the information you provide may be used by Breathetree to create and deliver to you our newsletters, surveys or other communications containing product information. If you prefer not to receive such Communications, please do not select the ‘Please inform me option’. If you do select this option and later decide that you would no longer like to receive these communications, please use the features made available to you.
Q: Your Obligations and Responsibilities
Q: Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in Breathetree’s best interests to do so.
Q: Third Party Links
We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by Breathetree, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
Representations and Warranties; Limitation of Liability
THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (F) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (G) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
Q: Purchase Related Policies
Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Site are accurate, complete, reliable, current, or error-free.
Q: Limited Licenses
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (i) frame or utilize framing techniques to enclose the Site or any portion thereof; (ii) modify or download the Site or Content (except caching or as necessary to view the Site); (iii) make any use of the Site or Content other than personal use; (iv) create any derivative work based upon either the Site or Content; (v) collect account information for the benefit of yourself or another party; (vi) use any meta tags or any other "hidden text" utilizing our name or the Trademarks or to otherwise use the Trademarks; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark; and (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link. Any unauthorized use by you of the Site terminates the limited licenses set forth in this Section without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
Q: Intellectual Property
All content available on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof is the property of Breathetree, our affiliates, partners or licensors, and is protected by United States and international copyright laws. The trademarks, logos, and service marks displayed on the Site are the registered and unregistered marks of Breathetree, our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws. Except as set forth in the limited licenses below, or as required under applicable law, neither the Content or Trademarks nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Q: Electronic Communications
When you visit www.Breathetree.com or send e-mails to us, you are communicating with us electronically. By doing so you are consenting to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Breathetree, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Breathetree. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Breathtree, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.