Usage and Sale
with any amendments hereto, "TERMS AND CONDITIONS"). BY USING THIS WEB SITE
AND/OR PLACING AN ORDER FOR BREATHERCISE.com PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST
18 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE AND PLACE AN ORDER FOR
BREATHERCISE.com PRODUCTS AND SERVICES.
IF YOU ARE LESS THAN 18 YEARS OF AGE, YOU MUST USE THIS SITE OR
BREATHERCISE.com PRODUCTS OR SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR ORDER OR
USE breathercise.com PRODUCTS OR SERVICES.
Welcome to the Web site of BREATHERCISE.com (the "Site") (collectively with
1364530 Ontario Inc. is referred to herein as
"BREATHERCISE.com" or "BEEDLW" or "us" or "we"). These Terms and Conditions govern and apply to your ("you" or "your") access to and use of this Site and its related domains on which this document appears, any order you place through
the breathercise.com Web site, and—as applicable—your use of products or services of
BEEDLW. You must read these Terms and Conditions carefully before placing an order, or using the Site. By using the Site, and/or placing an order through the Site, you confirm that you have read, understood, and agree to these Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions in their entirety, you must not order any product or service through or otherwise use the Site. The Terms and Conditions may be changed in the future without further notice. Your continued use of the Site and/or other products or services of
BEEDLW after any such changes constitutes your acceptance of the new Terms and Conditions. These Terms and Conditions apply to your access to, and use of, the Site, any order you place through any of the
BEEDLW Web sites, and to all products and services we supply, produce, distribute, or market.
Applicable Laws and Venue
These Terms and Conditions shall be governed by and construed in accordance with the laws of the
Province of Ontario and Canada, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms and Conditions or your use of the Site
or its products shall be filed only in the Ontario Superior Court of
Justice, Ottawa, Ontario, Canada, and except as stated herein you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms and Conditions.
Notwithstanding the above, the prevailing party in any action or arbitration related to these Terms and Conditions shall be entitled to its
attorney fees and costs to a maximum of $100.00 Canadian dollars.
The terms of this section survive any termination of the Terms and Conditions.
products and services of breathercise.com. It describes how we treat personal information when you use
BEEDLW’s Web site, products and services.
please feel free to contact
us through our website.
Information we collect and how we
We may collect the following types of information:
Information you provide – When
you order a BEEDLW product, we ask you for personal information such
as you name and address.
Cookies – When you visit
breathercise.com, we may send one or more cookies to your computer or other
including for storing user preferences, and tracking user trends,
such as which pages people look at the most.
Log information – When you access
breathercise.com via a browser, application or other client our servers
may automatically record certain information. These server logs may
include information such as your web request, your interaction with
the Site, Internet Protocol address, browser type, browser language,
the date and time of your request and one or more cookies that may
uniquely identify your browser or your account.
User communications – When you
send email or other communications to breathercise.com, we may retain those
communications in order to process your inquiries, respond to your
requests and improve our services. We may use your email
address to communicate with you about our services.
Third Party Applications – BEEDLW
may make available third party applications, such as gadgets or
extensions, through its services. The information collected by
BEEDLW when you enable a third party application is processed under
application provider is governed by their privacy policies.
applies to breathercise.com products and services only. Other sites services we use such as
Google or Paypal, may place their own
cookies or other files on your computer, collect data or solicit
personal information from you.
If we use this information in a manner different than
the purpose for which it was collected, then we will ask for your
consent prior to such use.
BEEDLW mainly processes personal information in Canada
and the United States of America. In some cases, we process personal
information outside your own country.
Most browsers are initially set up to accept cookies,
but you can reset your browser to refuse all cookies or to indicate when
a cookie is being sent. However, some BEEDLW features and services may
not function properly if your cookies are disabled.
BEEDLW uses certain Google services to help track Site
BEEDLW will not share your personal information,
directly provided to BEEDLW, with other companies or individuals without
obtaining your consent.
If BEEDLW becomes involved in a merger, acquisition, or
any form of sale of some or all of its assets, we will ensure the
confidentiality of any personal information involved in such
transactions and provide notice before personal information is
We take appropriate security measures to protect against
unauthorized access to or unauthorized alteration, disclosure or
destruction of data. These include internal reviews of our data
collection, storage and processing practices and security measures,
including appropriate encryption and physical security measures to guard
against unauthorized access to systems where we store personal data.
We restrict access to personal information to BEEDLW
employees, contractors and agents who need to know that information in
order to process it on our behalf. These individuals or companies are
bound by confidentiality obligations and may be subject to discipline,
including termination and criminal prosecution, if they fail to meet
Updating personal information
When you use BEEDLW product or services, we make good
faith efforts to provide you with access to your personal information
and either to correct this data if it is inaccurate or to delete such
data at your request if it is not otherwise required to be retained by
law or for legitimate business purposes. We ask individual users to
identify themselves and the information requested to be accessed,
corrected or removed before processing such requests, and we may decline
to process requests that are unreasonably repetitive or systematic,
require disproportionate technical effort, jeopardize the privacy of
others, or would be extremely impractical (for instance, requests
concerning information residing on backup tapes), or for which access is
not otherwise required. In any case where we provide information access
and correction, we perform this service free of charge, except if doing
so would require a disproportionate effort.
on this page and, if the changes are significant, we will provide a more
prominent notice (including, for certain services, email notification of
Unless stated otherwise, all breathercise.com products on the Site carry at least a 30-day money-back guarantee (less shipping
and handling) from the date of delivery in the event that you are not 100% satisfied with your purchase.
If you choose to return any products to
1. we require a brief written statement
specifying your reason for returning the product(s); and
we will not be responsible for any loss or damage to them in transit. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.
Changes to the Site
BEEDLW may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any products available through or outside of the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that
BEEDLW shall not be liable therefore.
BEEDLW makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of
BEEDLW, and BEEDLW is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by
BEEDLW of the site or any information contained therein. When leaving the Site, you should be aware that
BEEDLW's Terms and Conditions and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
You must only use the Site for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Site. You may not without our prior written consent:
1. copy, reproduce, use, or otherwise deal with any content on the Site;
2. modify, distribute, or re-post any content on the Site for any purpose; or
3. use the content of the Site for any commercial exploitation whatsoever.
In using the Site, you further agree:
not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks
connected to or accessible through the Site or affiliated or linked sites;
not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites;
not to upload, post, or otherwise transmit through or on the Site any viruses or other harmful, disruptive, or destructive files;
not to use, frame, or utilize framing techniques to enclose any
BEEDLW's logo, or other proprietary information (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page) without
BEEDLW's express written consent;
not to use meta tags or any other "hidden text" utilizing a
BEEDLW's name, trademark, or product name without BEEDLW's express written consent;
not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violative of any law. You also agree not to post any copyrighted material unless the copyright is owned by you or by
In addition, you agree that you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on this Site.
Content uploaded to the Site
In the event that you upload any photographs, comments, video clips, or other media to the Site (the "Uploaded Content"),
BEEDLW has the exclusive right to use any and all such elements of the Uploaded Content in connection with and/or as part of its business, including in connection with and/or in any advertising in any and all media, including, without limitation, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and cinema commercials, videos, or Web sites, in perpetuity throughout the world as
BEEDLW in its sole discretion sees fit without further consent or payment.
BEEDLW has all right, title, and interest in any and all results and proceeds from such use of the Uploaded Content.
BEEDLW is not obliged to make any use of the Uploaded Content or exercise any of the rights granted by these Terms and Conditions.
Users of the Site must only post Uploaded Content that is owned by, and features, themselves, and no
other third parties.
Copyright and Trademarks
All Site materials, including, without limitation, the BEEDLW product logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the "Content") are Copyright ©
2011 1364530 Ontario Inc. ALL RIGHTS RESERVED. BEEDLW or its suppliers or licensors own and retain other proprietary rights in all products available through the Site. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of
BEEDLW or the respective copyright owner. You may not, without the express written permission of
BEEDLW or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (a) sell, resell, or make commercial use of the Site, its content, or services or products obtained through the Site; (b) collect and use of any product listings or descriptions; (c) make derivative uses of the Site or its Content; or (d) use of any data mining, robots, or similar data gathering and extraction methods.
For questions about the products or services on this Site, please use the
Contact links found on each page of this Site. For questions about orders placed through the Site or otherwise, please use the
Contact link in the email receipt you receive or by visiting the online
Product and Service Descriptions
We have taken reasonable precautions to try to ensure that prices quoted on the Site are correct and that all products have been fairly described. However, when ordering products or services through the Site, please note that:
orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Site, including, but not limited to, the event that a product is listed at an incorrect price due to typographical or other error;
all prices are displayed in Canadian Dollars unless expressly indicated otherwise;
packaging may vary from that shown on the Site;
any weights, dimensions, and capacities shown on the Site are approximate only; and
all items are subject to availability and we will inform you as soon as possible if the
product(s) or service(s) you have ordered are not available and we may offer alternative
product(s) or service(s) of equal or higher quality and value.
Order and Payment Information
If you use the Site or other means to purchase a product, payment must be received by
BEEDLW prior to BEEDLW's acceptance of an order. BEEDLW may need to verify information you provide before
BEEDLW accepts an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited,
BEEDLW will refund any payment, less transaction fees, you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase.
BEEDLW expressly conditions its acceptance of your order on your agreement to these Terms and Conditions.
In ordering products through the Site or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to
BEEDLW is registered to you. BEEDLW shall have the right to bar your access to and use of the Site or its other products or services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information, or for any other reason it, in its sole discretion, deems appropriate. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms and Conditions. You agree that your placement of an electronic order on the Site is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
breathercise.com may reject orders where the stated delivery address is outside the
Canada and the United States of America. breathercise.com will add applicable shipping and handling fees.
breathercise.com reserves the right without prior notice to discontinue or change specifications and prices on products offered on and outside of the Site without incurring any obligation to you.
BEEDLW's descriptions of, or references to, products not owned by BEEDLW on and outside of the Site do not imply endorsement of that product, or constitute a
warranty, by BEEDLW.
Unless otherwise noted, BEEDLW will use its best efforts to ship products within four(4) weeks of the receipt of a properly completed order. However, any delivery or shipment date provided by
BEEDLW to you is BEEDLW's good-faith estimate. You understand that product availability may be limited and particular products may not be available for immediate delivery.
BEEDLW shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery.
BEEDLW will not ship to P.O. boxes.
You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card is cancelled (for example, for loss or theft). Changes to such information can be made by contacting Customer Service.
We reserve the right to refuse or discontinue the supply of the Product to any user at any time at our sole discretion.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND OTHER PRODUCTS AND SERVICES OF
BEEDLW IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT AND OTHERWISE ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS.
YOU ACKNOWLEDGE THAT BEEDLW DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THIS
SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, BEEDLW ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OR OUTSIDE OF THIS SITE. NOR DOES
BEEDLW MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, ANY PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE SITE, OR ITS CONTENT.
ALTHOUGH BEEDLW STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE,
BEEDLW DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION,
BEEDLW DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
BEEDLW DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. TO THE EXTENT ALLOWED BY LAW,
BEEDLW DISCLAIMS ALL WARRANTIES NOT EXPLICITLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
The terms of this section survive any termination of the Terms and Conditions.
Limitations on Liability
WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL BEEDLW OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THIS SITE; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE; (IV) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF
BEEDLW OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BEEDLW'S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU
BEEDLW FOR ANY PRODUCTS SUPPLIED BY BEEDLW THROUGH YOUR USE OF THE SITE OR OTHERWISE.
BEEDLW WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.
THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF
CANADA. IF ANY PROVISION OF THESE DISCLAIMERS AND EXCLUSIONS SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE THEN THAT PROVISION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS.
The terms of this section survive any termination of the Terms and Conditions.
This Site is controlled, operated, and administered by 1364530 ONTARIO
INC. from its offices within Canada. 1364530 ONTARIO INC. makes no representation that materials on the Site are appropriate or available for use at other locations outside of
Canada, and access to them from territories where the contents or products available through the Site are illegal is prohibited. You may not use the Site or export the content or products in violation of
CANADIAN export laws and regulations. If you access this Site from a location outside of
Canada, you are responsible for compliance with all local laws.
Notwithstanding any of these Terms and Conditions, BEEDLW reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Site and to block or prevent future access to and use of the Site. You agree that
BEEDLW shall not be liable for any termination of your use of or access to the Site.
Only you and BEEDLW shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions.
The Terms and Conditions constitute the entire agreement between BEEDLW and you with respect to your use of the Site, your purchase of products and services through the site, and as applicable any products or services of
BEEDLW. Any cause of action you may have with respect to the Site or
BEEDLW's products or services must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by
BEEDLW to enforce or exercise any provision of the Terms and Conditions or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms and Conditions will be construed as creating a joint venture, partnership, employment, or agency relationship between you and
BEEDLW, and you do not have any authority to create any obligation or make any representation on
BEEDLW's behalf. You may not assign or transfer any rights or obligations of these Terms and Conditions, by operation of law or otherwise, without
BEEDLW's written consent. Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and
BEEDLW and their respective successors and assigns.
The terms of this section survive any termination of the Terms and Conditions.
Other important terms
We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Site. The Terms and Conditions displayed on the Web site at the time the order is accepted will apply to the order.
These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
materials published or otherwise accessible through breathercise.com,
including, but not limited to, articles, text, images, audio clips,
video clips, software and other materials --"Content" -- are
protected by copyright, and are owned or controlled by 1364530
All visitors shall abide by all additional copyright notices,
information and restrictions contained in any Content accessed through breathercise.com
Content may be used only for your personal non-commercial purposes. All
other rights are reserved and commercial uses, including publication,
broadcast or redistribution in any medium, are prohibited without the
express written consent of 1364530
Notwithstanding the above, you may download or copy, one-time only, the Content and other downloadable items displayed
on breathercise.com for personal, non-commercial, use only, provided that you maintain all materials, articles, documents, text, images, audio clips, video clips, software copyright and other notices contained in such Content.
For permission for commercial or educational use, not covered above, of the content of this site or any
Ontario Inc. publication, contact
Last updated and effective April 17, 2011.