These are the basic Terms of Use Policies that relate to users and visitors to our Breathe Clear Nasal Strips™ and Discount Nasal Strips™ website.
Sorry for all the “fine print”, but our lawyers tell us we need to protect ourselves from all possible misuses of our site.
1. Intellectual Property Protection
The term "Intellectual Property Rights" means, copyrights, database rights, trade marks, trade names, domain names, rights in logos, get-up and content, inventions, trade secrets and know-how, patents, all rights of whatever nature in computer software and data, all rights of privacy and all intangible rights and privileges of a nature similar to any of the above, in every case in any part of the world and whether or not registered; and including all granted or pending registrations, and all rights to make applications for registration in respect of any of the same.
All Intellectual Property Rights in the Content and design of the Site and any material eMailed to you or otherwise supplied to you in conjunction with our online products are the property of Breathe Clear™ Nasal Strips and Discount Nasal Strips™ and their parent company HealthRight™ Products, LLC. You may not use or reproduce any of the Breathe Clear™ Nasal Strips and Discount Nasal Strips™ Intellectual Property, including any trademarks, registered or unregistered, for any reason without written permission from our company
You agree to grant to Breathe Clear™ Nasal Strips and Discount Nasal Strips™, a non-exclusive, royalty-free, worldwide, sub licensable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, blogs, testimonials, forums and newsgroups) or by e-mail to Breathe Clear™ Nasal Strips and Discount Nasal Strips™ by all means and in any media now known or hereafter developed. You also grant to Breathe Clear™ Nasal Strips and Discount Nasal Strips™, the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Breathe Clear™ Nasal Strips and Discount Nasal Strips™ or their parent company HealthRight™ Products, LLC, for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Breathe Clear™ Nasal Strips and Discount Nasal Strips™ or any of its affiliates and subsidiaries.
The software, which operates the Site, is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.
2. Digital Millennium Copyright Act ("DMCA") Notice
Materials may be made available via the Site by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Site for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Site.
If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:
a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our company as follows:
Health Right Products, LLC
Breathe Clear Nasal Strips
DMCA Compliance Division
PO Box 5305
Portland, OR 97228
3. Use of Breathe Clear Nasal Strips™ and Discount Nasal Strips™ Content
You may retrieve and display Breathe Clear Nasal Strips™ and Discount Nasal Strips™ Media Content on a computer screen or mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form for your personal, non-commercial use. If you do download material from the site all copyright and other notices must be kept intact.
Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content of the Site. In particular, you may not do any of the following without prior written permission. No parts of any Simpler Search™ publication or Site may be reproduced, stored in or introduced into any retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the copyright owners. You may not reverse engineer, modify, decompile, disassemble or translate the Content (whether for the purpose of error correction or otherwise). You may not display the Content on a public bulletin board, ftp site, website, chat room or by any other unauthorized means. Written materials provided in printed or electronic form may not be modified, adapted, translated, or used to create derivative works without the prior written consent of the owners of Breathe Clear Nasal Strips™ and Discount Nasal Strips™.
4. Use of the Site
You assume total responsibility and risk for your use of the site and the Internet. Breathe Clear Nasal Strips™ and Discount Nasal Strips™ provides links to related information "as is" and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the links, any merchandise information or service provided through the links or on the internet generally, and Breathe Clear Nasal Strips™ and Discount Nasal Strips™ shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information
provided on the links or on the internet generally. You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. Breathe Clear Nasal Strips™ and Discount Nasal Strips™ has no control over and accepts no responsibility for such materials.
In connection with your use of the Site, you agree that you will not:
a) Transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, or otherwise objectionable that may invade another's right of privacy or publicity;
b) Impersonate any person or entity, including but not limited to, a Breathe Clear™ official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships;
d) Post or transmit any Material that contains a virus or corrupted data;
e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
f) Use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
g) Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
h) Violate any applicable local, state, national or international law;
i) Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
j) Delete or revise any Material posted by any other person or entity;
k) Manipulate or otherwise display the Site by using framing or similar navigational technology, or
l) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any product or service if you are not expressly authorized by such party to do so.
5. No Warranty, Disclaimer of Liability and Indemnity
With regard to links that you may follow from this Site. While we make every effort to check the Site for relevancy we do not Warrant that the linked Sites are free from bugs or viruses or guarantee that they do not contain images or text that you may find offensive. It is clearly our intention to provide links to reputable Sites that offer information that may be helpful in your search for information related to our product category and the ailments related to their use. We offer these links "as is" and suggest you use the same level of caution when visiting the linked Site as you exercise when visiting any site on the Internet.
With regard to content you view on our site or add to our site as an Advertiser or content provider, you agree to defend, indemnify and hold us harmless, and our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these terms and conditions, (ii) your content and materials, (iii) your use of materials or features available on the Site (except to the extent a claim is based upon infringement of a third party right by materials created by us) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
6. Force Majeure
Breathe Clear™ Nasal Strips, Discount Nasal Strips™, its parent company HealthRight™ Products, affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of Breathe Clear™ Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to the failure of of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
7. Links To Third Party website
The Breathe Clear Nasal Strips™ and Discount Nasal Strips™ website contains clearly identified links to other Site. Please be aware that Breathe Clear Nasal Strips™ is not responsible for the privacy practices of other Site that link to our site. This privacy statement applies solely to information collected by Breathe Clear Nasal Strips™ website only. Links are provided solely for your convenience, and do not constitute any endorsement by Breathe Clear Nasal Strips™ or HealthRight™ Products LLC. You assume sole responsibility for use of these third party links and pointers. If you have any concerns about your privacy at one of these Site, please review their Site' policies or contact them directly.
8. Product Guarantee
The statements made on this site as they relate to the efficacy of our products are based on tests and trials designed to insure that the products work as advertised. While not all users may experience the same results we are confident in our claims.
We offer a replacement Guarantee on our product that is limited to replacing the product you have purchased with the same or similar product based on the nature of the reason for your return. In no way will we be liable for any other remedy than this replacement of unused product, returned to us in the manner described in the Returns section of this site. No monetary guarantee is offered, nor will one be provided.
9. Miscellaneous
Changes to these Terms
Breathe Clear Nasal Strips™ and Discount Nasal Strips™ may, at its discretion, change these Terms (including those relating to your use of the Site and/or the Breathe Clear Nasal Strips™ and Discount Nasal Strips™ Content). When the Terms are changed, Breathe Clear Nasal Strips™ and Discount Nasal Strips™ will either attempt to notify you by eMail or publish details of those changes by including them in these Terms.
Rights of Reply
If at any time you, or your organization, have a complaint or comment to make about the Content featured within the Site they should contact Breathe Clear Nasal Strips™ and Discount Nasal Strips™.
Advertising and Third Party Content
Parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. Breathe Clear Nasal Strips™ and Discount Nasal Strips™ is not responsible for any third party content or error, omission or inaccuracy in any advertising material.
Invalid Provision
If any provision of this agreement is held to be invalid by a court of competent jurisdiction, Breathe Clear Nasal Strips™ and Discount Nasal Strips™ shall amend the invalid provision in such reasonable manner as achieves the intention of the parties without illegality, or at the discretion of Breathe Clear Nasal Strips™ and Discount Nasal Strips™, such provision may be severed from this agreement and the remaining provisions shall nevertheless remain in full force and effect. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction.
10. Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, United States law and the laws of the State of Oregon. The parties irrevocably agree that the courts of the United States of America, and the State of Oregon, shall have exclusive jurisdiction to settle any dispute, which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of those courts.
Except in respect of fraudulent misrepresentation, this Agreement together with any order form and payment method instructions set forth the entire agreement and understanding of the parties relating to the subject matter herein. Any prior written or verbal agreements are superseded by this Agreement.
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