Instructions for Implementation of General Terms:
General Terms of Service
Date of Last Revision: July 1, 2019.
Welcome to our website (“https://www. breatheondemand.com”). These General Terms of Service (“Terms”) apply to visitors to this website, as well as registered users of any and all offerings provided by Breathe OnDemand, Inc. (“BODI” or “we” or “our” or “us”) is a state of Florida Corporation whose principal place of business is located at 6451 N. Federal Highway, Suite 105, Fort Lauderdale, FL. 33308.
BODI is the owner and operator of this Website. BODI, via our Website, provides our licensees (“Licensees”) a service (“Service”) in the form of products, services, and content specifically designed for persons or entities engaged in providing massage therapy to consumers. Breathe Offers a wide range of massage modalities, which include Swedish, sports, deep tissue and pre-natal. These massage modalities can also be scheduled as a couple’s massage. BODI’s user friendly app is available on IOS and Android. Our customers can easily book a BODI customized massage experience that meets their needs.
- Your use of BODI products, software, services, servers and Website (referred to collectively as our “Service” in this document) is subject to the terms and conditions of a binding and enforceable agreement (“Agreement”) between you and BODI, as defined herein. By using our Service you acknowledge and agree that you have fully read and agree to be bound by the provisions of this Agreement.
- PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING A USER’S LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. IT ALSO CLEARLY SPECIFIES THE MANNER BY WHICH ACCEPTANCE OF THIS AGREEMENT OCURRS. THE LIMITATIONS AND EXCLUSIONS CONTAINED HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND BODI.
- General Terms
- The terms and conditions provided herein (the “General Terms”) have two broad sections. The first section applies to all users of our Service, including the public at large (“Users”). The second section applies to that subset of Users who register on our Service as Licensees. Licensees will also be asked to accept a Licensee Agreement at the time they actually register. For the purposes of these General Terms, a Licensee is defined as person or entity that has registered on our Service as either a Therapist or a Consumer who wishes to engage a Therapist. “You” means an individual member of the consuming public that is using our Website, whether or not you are a Licensee.
- The General Terms contained herein are included by reference in subsequent agreements entered into between BODI and a Licensee (“Licensee Agreement”), and constitute the minimum terms and conditions controlling use of our Service. The term Agreement, as used herein, refers to these General Terms and to any agreement entered between a Licensee and BODI that includes these General Terms by reference.
- Our Service and Website include all pages on our Website’s domain (https://www.breatheondemand.com/) and all pages on any related sub-domains, all of which are controlled by this Agreement.
General Terms for All Users
The following terms are for all Users of our Website, including the public at large and Licensees.
- Breathe OnDemand, Inc. Grants a Limited License
- All content on our Service, as defined herein, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Information”), are the property of BODI or its licensors with all rights reserved.
- If you meet the requirements of Eligibility, and have properly gained access to our Service as provided for in this Agreement, then you are granted a limited license to use our Service and the Information, and to download and print a copy of any portion of the Information for the purpose of which it is intended as defined in this Agreement, provided that you keep all copyright or other proprietary notices intact.
- As pertaining to all the Information, you may not make available, in any form and by any mechanism, said Information on any public or private website or incorporate the Information in any other database or compilation.
- Any use of the Information, other than as set forth herein, is strictly prohibited. This limited license allows you to use the Information only for lawful uses in accordance with the foregoing and does not allow you to sell the Information, use the Information for commercial use other than as provided for herein, or use any type of data mining, robots, or similar data gathering or extraction methods on our Service.
- Absent prior written consent from BODI, you may not copy or imitate any elements of our Service, including but not limited to, graphics, digital images, logos, sounds, images, and buttons protected by trade dress and other laws. Absent prior written consent from BODI, you may not use framing, metatags, or hidden text techniques in association with our logo, trademark or other copyrighted or proprietary information.
- Unless expressly stated in this Agreement, or in a subsequent agreement entered into by BODI and a Licensee, nothing herein shall be construed as conferring any license to intellectual property rights, in any form or by any mechanism.
- The BODI limited license is revocable at any time without notice and with or without cause, except as provided for in our Licensee Agreement.
- Transmissions and Feedback
- As defined herein, transmissions (“Transmissions”) may take the form of submissions, questions, comments, suggestions, ideas, feedback, notes, messages, e-mails, postings, letters, or other written materials about, or concerning, our Service, provided by you to BODI. You acknowledge that Transmissions by you to and from our Service may be non-confidential, and that others may read and/or intercept such Transmissions.
- By using our Service, you thereby assign all right, title, and interest, including the copyright therein, in all Transmissions, to BODI. Accordingly, BODI shall own all intellectual property rights in the Transmissions and shall be entitled to unrestricted use of the Transmissions for any purpose, commercial or otherwise, without acknowledgment, compensation, or liability to you. By submitting such Transmissions to our Service, you irrevocably waive all “moral rights” in such Transmissions.
- Our Service may include hypertext links to other websites over which BODI has no control. BODI makes no representations of any kind regarding the content on such websites or the content on any website linked to such websites or to any changes or modifications made thereto.
- You hereby acknowledge that by using any such hypertext links, you irrevocably waive any and all claims against BODI regarding such websites and must adhere to the usage and privacy policies governing such sites. BODI’s usage of links does not imply our endorsement, or sponsorship, of any such websites.
- Intellectual Property Rights of Third Parties
- BODI respects the intellectual property rights of others and requires Users of our Service to do likewise. BODI prohibits Users from making available, in whatever form and by whatever mechanism, content on our Service that infringes upon any party’s intellectual property rights.
- BODI has the right to terminate the Account of any infringing Licensee and will take steps to do so immediately upon proper notification and in compliance with applicable law. You acknowledge and agree that a violation of the intellectual property rights of others on our Service triggers the Indemnification as provided for herein.
- BODI will strictly comply with the requirements of the Digital Millennium Copyright Act, Title 17, United States Code Section 512(c)(2) (“DMCA”). If you believe your copyright has been violated by any content on our Service then you may send a written notification of such infringement to our Designated Agent as set forth below.
- BODI has designated an agent to the U.S. Copyright Office to receive notifications of alleged copyright infringement relating to our Service. You must submit all such notifications, in a manner consistent with the DMCA, to BODI’s Designated Agent. Likewise, if you believe that your copyrighted content has been erroneously removed from our Service then you must send a counter notification to BODI’s Designated Agent in a similar DMCA compliant manner.
Send all DMCA compliant notifications to:
Content Provider: Breathe OnDemand, Inc.
Agent: Breathe management
Address: 6451 N Federal Highway, Suite 105, Fort Lauderdale, Fl, 33308
- All trademarks used on our Service are the property of their respective owners and may not be used without permission therefrom.
- Whether or not specifically designated as such, breatheondemand.com and all other colors, graphics, logos, sounds, images, icons and buttons displayed on our Service are, or may be, trademarks of BODI or its affiliates.
- Absent prior written consent from BODI, you may not copy, imitate, or use any portion of these marks.
- User Conduct Restrictions: Impermissible Use and Activities
- You agree not to use our Service to transmit data or code which: (1) is unlawful, threatening or abusive; (2) encourages criminal or other activity that would reasonably give rise to civil liability or otherwise violate any local, state, federal, or international law; (3) contains false or misleading information; (4) inhibits another User from use or enjoyment of our Service; (5) is defamatory, libelous or otherwise unlawful; (6) contains a virus or surreptitious code; (7) contains any type of commercial component or advertising; (8) may be considered by a court of law or regulatory agency to be pornographic; or (9) allows for the harvesting of email addresses or other contact information, or the harvesting of information of any kind.
- Furthermore, you agree not to use our Service to engage in the following kinds of activities: (1) transmit, upload, post, store, and share content of any kind, and by any other mechanism, that you are not the lawful owner or licensee of; (2) register for more than one Account or register an Account in the name of another; (3) impersonate a person or entity or make misrepresentations regarding affiliations of any kind; (4) engage in any kind of behavior that can reasonably be construed as SPAMMING; and (5) engage in any behavior likely to cause harm to BODI, our Service, its Users, or to the public at large.
- Data Collection
- BODI does not knowingly collect personally identifiable information (or information of any other kind) directly from anyone under the age of 18, with or without parental consent, for its own use. If you have a good faith belief that BODI has inadvertently collected such information, please contact BODI at email@example.com. BODI will take immediate steps to remove such information from our Service and from any databases under BODI control.
- Governing Law
- Any claim or controversy arising among or between the parties hereto pertaining to our Service, or any claim or controversy arising out of, or with respect to, any matter contained in this Agreement, or any differences as to the interpretation or performance of this Agreement, other than those wherein either party has infringed or threatened to infringe the other party’s intellectual property rights, or wherein you have violated our User Conduct Restrictions, shall be settled by arbitration in the State of Florida. Such arbitration shall be before three arbitrators of the American Arbitration Association (the “AAA”) under its then prevailing rules.
- Intellectual property rights, as defined herein, include patent, copyright, trademark or trade secrets. You and BODI jointly acknowledge that arbitration is not an adequate remedy at law for actual or threatened infringement of either party’s intellectual property rights. Therefore, it is agreed that injunctive or other appropriate relief may be sought under these circumstances.
- In any arbitration involving this Agreement, the arbitrators shall not make any award that will alter, change, cancel or rescind any provision in this Agreement, and their award shall be consistent with the provisions of this Agreement. Any such arbitration must be commenced no later than one (1) year from the date such claim or controversy arose, or the claim is waived.
- The award of the arbitrators shall be final and binding and judgment may be entered thereon in any court of competent jurisdiction.
- Entire Agreement
- This Agreement contains all the terms and conditions agreed to by you and BODI with respect your use of our Service. It supersedes all prior agreements, arrangements and communications between the parties dealing with same, whether oral or written.
- Definitions and Constructions
- Unless otherwise specified, the terms “includes,” “including,” “e.g.,”, “for example, and other similar terms are deemed to include the term “without limitation” immediately thereafter.
General Terms for Licensees
The following Terms are for Licensees to our Service. These Terms are in addition to the Terms in the Licensee Agreement which must be accepted when you register.
- Acceptance and Modifications
- BODI reserves the right to change or revise this Agreement at any time by posting a notification on our Website. BODI, at its sole discretion, may provide a Licensee notification via other mechanisms, but is not required to do so.
- You are required to affirmatively accept this Agreement when becoming a Licensee by reading this Agreement and clicking “I Agree.” As a Licensee, you are also required to affirmatively accept any future revisions to this Agreement in a similar manner. BODI maintains a record of acceptance for each Licensee, including the version of this Agreement accepted by you whenever you click “I Agree.”
- BODI will notify you of revision dates to this Agreement by posting the “last revised date” preceding the first paragraph of this document. The revised Agreement will take effect immediately after it has been posted on our Website.
- BODI requires, and enforces, strict compliance with our eligibility (“Eligibility”) requirements, as defined herein. Our Service is not intended for individuals under the age of 18. It is intended solely for members of the consuming public that are of legal age and meet the definition of a qualified Licensee. Registration on our Service is reserved for qualified Licensees or their respective agents, and therefore, registration by any other person or entity is strictly prohibited, unauthorized, unlicensed, void, and in violation of this Agreement.
- By registering on our Service you assert and warrant that you are doing so for the purpose of using our Service as a qualified Licensee. Registration for any other purpose violates this Agreement and is strictly prohibited. By registering on our Service you further assert and warrant that you are of legal age and possess the legal capacity to enter into this Agreement on behalf of an entity you may represent.
- Account Registration
- As a Licensee you are required to provide us accurate, current, reliable and otherwise valid data when completing the registration forms that establish your account (“Account”) on our Service. You further agree that such data must be kept current and revised in a timely manner when events occur that may alter its validity.
- As a Licensee you agree that you are solely responsible for the data and activities related to updating and maintaining your Account, notwithstanding the fact the BODI may, for technical or other reasons, assist you in making changes to your Account at your direct request, and after proper authentication.
- Registration on our Service requires you to maintain security credentials that allow you access to your Account. These credentials include a user identifier and a corresponding password. You may also be required to establish additional credentials should BODI deem them necessary to protect the integrity of our Service. You agree that you are responsible for maintaining the confidentiality of said credentials.
- You agree to defend, indemnify, and hold BODI, its parents, subsidiaries, affiliates, officers, agents and employees, its suppliers and their respective affiliates and agents harmless from all claims, liabilities, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to your use of our Service, including but not limited to: (1) your submission to our Service of any Transmission; (2) your alleged breach of this Agreement; or (3) your infringement of any intellectual property or other right of any person or entity.
- BODI acknowledges and agrees that the indemnification sought in 18.1 is limited to acts that are directly or indirectly under your control regarding your use of, or inability to use, our Service, and does not extend beyond that.
- Limitations of Liability
- IN NO EVENT SHALL BREATHE ONDEMAND, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE OUR SERVICE; OR FOR THE LOSS OF PROFITS OR DAMAGES THAT MAY RESULT FROM THEFT, DELAYS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, FAILURE OF PERFORMANCE, DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE); OR OTHERWISE, EVEN IF BREATHE ONDEMAND, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. TO THAT EXTENT, BREATHE ONDEMAND, INC.’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION SHALL NOT BE GREATER THAN THE TOTALITY OF PAYMENTS MADE BY YOU TO BREATHE ONDEMAND, INC. IN EXCHANGE FOR ALLOWING YOU TO USE OUR SERVICE DURING THE PAST THREE MONTHS PRIOR TO THE COMMENCEMENT OF ANY LEGAL ACTION OR PROCEEDING, OR $100.00 USD, WHICHEVER IS LESS.
- YOU ACKNOWLEDGE THAT OUR SERVICE AND THE INFORMATION THEREIN ARE PROVIDED ON AN “AS IS” BASIS AND THAT BREATHE ONDEMAND, INC. MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING OUR SERVICE OR THE INFORMATION. BREATHE ONDEMAND, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- BY USING, OR ATTEMPTING TO USE, OUR SERVICE, YOU EXPRESSLY ACKNOWLEDGE THE FOLLOWING:
- THE INFORMATION COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS;
- BREATHE ONDEMAND, INC. DOES NOT REPRESENT OR WARRANT THE TIMELINESS, RELIABILITY, COMPLETENESS, OR ACCURACY OF THE INFORMATION; AND
- BREATHE ONDEMAND, INC. DOES NOT REPRESENT OR WARRANT THAT OUR SERVICE OR ANY RELATED SERVERS ON WHICH IT RESIDES ARE FREE OF ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING CONTENT.
- BREATHE ONDEMAND, INC. MAY PERIODICALLY MAKE CHANGES TO ANY SERVICE CONTENT, INFORMATION, FEATURES OR FUNCTIONS. BREATHE ONDEMAND, INC. RESERVES THE RIGHT TO IMPLEMENT SUCH CHANGES AT ANY TIME WITHOUT NOTICE TO YOU, OTHER THAN THAT WHICH IS SET FORTH IN THIS AGREEMENT.
- UNLESS SPECIFICALLY INDICATED IN WRITING TO THE CONTRARY, NO REFERENCE IN OUR SERVICE TO ANY PRODUCTS, PROCESSES, SERVICES OR OTHER INFORMATION BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE, SHALL CONSTITUTE OR IMPLY BREATHE ONDEMAND, INC.’S ENDORSEMENT OR SPONSORSHIP THEREOF.
- Either you or BODI may terminate this Agreement. You may terminate this Agreement by destroying all materials obtained from our Service and, if you are a Licensee, by providing a termination notice to BODI at firstname.lastname@example.org. BODI may terminate this Agreement immediately, without notice for any reason, or no reason, other than as provided for in our Licensee Agreement, and reserves the right to block or prevent your future access to our Service.
- Should you or BODI decide to terminate this Agreement then BODI will prevent access to your Account on our Service. BODI agrees to make a good faith effort to resolve an outstanding dispute between BODI and a Licensee, if any exist, prior to termination. BODI, at its sole discretion, may restore access to your Account if the dispute has been resolved to its satisfaction.
- You acknowledge and agree that termination of this Agreement by either party pertains solely to your use of our Service, and has no effect on other contractual obligations that may exist