These Terms constitute a binding agreement between you and Breathometer, Inc. (“Breathometer”), and are deemed accepted by you and Breathometer. Your access to or use of the Breathometer Website, the Breathometer Software Applications or any Breathometer Product indicates your acceptance to these Terms. If you do not accept the Terms stated here, do not use the Breathometer Website. You must be at least 13 years or older to access and use the Breathometer Website, Software Applications or any Breathometer Product. Breathometer reserves the right to revise these Terms at any time, at its sole discretion, by posting an updated version to this Web page. All changes are effective immediately when we post them. You should visit this page periodically to review the most current Terms, because they are binding on you. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.
b. “Breathometer Product(s)” or “Products” mean and refer to any products purchased from Breathometer or through the Breathometer Websites.
c. “Breathometer Software Application(s)” or “App(s)” mean and refer to both the Breathometer iPhone software application, available for download from Apple, Inc. and the Breathometer Android software application, available for download from Google, Inc. or the Mint Oral Health Monitor iPhone software application, available for download from Apple, Inc. and the Mint Oral Health Monitor Android software application, available for download from Google, Inc.
d. “You,” “Your,” and “User” mean and refer to all individuals and/or entities who are accessing or using the Websites, App, or Breathometer Products for any reason.
You agree and warrant that You will not use the Website in a manner that is illegal or otherwise inconsistent with the Terms. In addition, You will not use the Website in a manner that restricts or inhibits anyone’s use or enjoyment of the Website, that Breathometer deems objectionable, or which, as determined by Breathometer, may harm the Company or users of the Website or expose them to liability. Breathometer reserves the right to restrict, suspend, or terminate Your access to the Website without notice for any reason.
You agree that You will only access the Website through the interfaces provided. You agree not to reverse-engineer or otherwise hack the Website, take any actions that damage the Website or its security, or interfere with other users’ use of the Website.
3. Purchases Through Website
Breathometer shall deliver the Breathometer Products once purchased to the place of delivery designated by the customer. If the customer chooses to accept any type of express courier services for shipping, then any additional shipping fees will be paid by the customer. Please note that if involving international orders, customs and import duties may also be applied and will likely vary from country to country. Shipping laws also vary from country to country, and it is your responsibility to check with Your local customs office for details and to verify whether the country to which You are shipping permits the shipment of Your products.
Except where otherwise noted, the list price displayed for any Breathometer Product represents the full price, minus any sales tax, of the product. Despite our best efforts, a small number of items in our catalog may be mispriced.
c. Refunds and Exchanges.
Breathometer does not take title to returned or refunded items until the item arrives at the Breathometer headquarters. You may return and refund any Breathometer Product if unopened, unused, and in the original condition within thirty (30) days of purchase. All shipping costs for returns and exchanges will be at the buyer’s expense. Returns beyond the thirty (30) day period will be accepted at Breathometer’s sole discretion. Breathometer cannot accept returned Breathometer Products that involve mouthpieces that have already been blown into, unless those products are faulty. We recommend You use a shipping method that is traceable and insured to protect Your shipment.
Please note that Breathometer is not related to Apple, Inc. or Google, Inc., and Breathometer has no affiliation with Apple, Inc. or Google, Inc.
4. Intellectual Property& Trademarks
The Website and all Website contents, including the Software Applications and any Product are protected under United States and international patent, copyright, trademark, trade secret and/or other intellectual property or proprietary rights laws. The Websites and all Website contents, including the Apps and any Product are the property of Breathometer or its licensors. The compilation, collection, arrangement, or assembly of all content on the Website and Apps are the exclusive property of Breathometer and protected as well.
These Terms permit you to use the Website and all Website contents, including the Apps and any Product for your personal, non-commercial use only. Unauthorized use of the Website, the Apps and any Breathometer Product may violate the above mentioned laws and/or applicable communication regulations and statutes, and is strictly prohibited. You must preserve all patent, copyright, trademark, service mark, and/or other proprietary notices contained in the original Website or Apps on any authorized copy You make of the Website or Apps or parts of the Website or Apps. Any code or software code that Breathometer creates to generate or display any Websites are also protected by Breathometer’s copyrights and You may not copy or adapt such code.
The Company name, the Company Logo and all related names, logos, product and service marks, design and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
TO THE FULLEST EXTENT POSSIBLE BY LAW, BREATHOMETER DOES NOT WARRANT THAT ANY WEBSITE OR ANY BREATHOMETER PRODUCT WILL OPERATE ERROR-FREE OR THAT ANY WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, BREATHOMETER IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BREATHOMETER, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BREATHOMETER MAKES NO WARRANTIES ABOUT THE SECURITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT ON THE WEBSITES OR WITH REGARD TO THE BREATHOMETER PRODUCTS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
6. Limitation of Liability
IN NO EVENT SHALL BREATHOMETER, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY WEBSITE, ANY WEBSITE LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BREATHOMETER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE SERVICE IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO FITBIT, AS APPLICABLE.
You agree to defend, indemnify, and hold harmless Breathometer, its affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, licensors, suppliers, agents, successors and assigns, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) Your use of the Website, or (ii) Your breach of these Terms. Breathometer shall provide notice to You promptly of any such claim, suit, or proceeding.
8. Term and Termination
These Terms will remain in full force and effect while You are a User of the Website. Breathometer reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your access to the Websites and immediate termination of Your registration with or ability to access the Websites and/or any other services provided to You by Breathometer, upon any breach by You of these Terms. Even after You are no longer a User of the Websites, the provisions of these Terms will remain in effect.
9. Dispute Resolution
Informal Dispute Resolution: We want to address your concerns without needing a formal legal proceeding. Before filing a claim against us, you agree to try to resolve the dispute informally by contacting firstname.lastname@example.org. We’ll try to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or we may bring a formal proceeding.
The Website and Breathometer Software Applications contain many links to third party websites. These links are provided solely as a convenience and not as an endorsement by Breathometer of the contents on such third-party websites. Breathometer is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party websites, You do so at Your own risk.
b. Commercial Use.
You agree not to make any unauthorized commercial use of the Website or Breathometer Software Applications.
c. Access Outside the United States.
Breathometer makes no claims that the Website or Breathometer Software Applications may be lawfully viewed, downloaded, or accessed outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access any Website You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.
d. Governing Law.
These Terms are governed by the internal substantive laws of the State of California. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within San Francisco, California. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Breathometer’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Breathometer’s ability to enforce such term at any point in the future.
e. Additional Terms.
If you purchase and/or use the Breathometer App or any Breathometer Product through our Shopify account, additional terms apply and can be found here. Certain areas of the App may be subject to additional Terms. By using such areas, or any part thereof, You agree to be bound by the additional Terms applicable to such areas.
Waiver of any specific term of these Terms shall not be deemed a further or continuing waiver of such term or of any other terms.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Headings provided in these Terms are included for reference purposes only and are not to be given any substantive effect.
j. Effective Date.
These Terms are effective as of October 11, 2012. Last modified June , 2016.