[Last revised: 27 Septembet, 2020]
Please read the terms carefully as they govern your use of BREATH Services. THESE TERMS CONTAIN IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF LEGALLY BINDING ARBITRATION. The terms of the arbitration provision are set forth in Article 10, “Resolving Disputes: Forum, Arbitration, Class Action Waiver”, hereunder. As with any asset, the values of Digital Currencies (as defined below) may fluctuate significantly and there is a substantial risk of economic losses when purchasing, selling, holding or investing in Digital Currencies and their derivatives.BY MAKING USE OF BREATH SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; (2) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF BREATH SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND (3) BREATH SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.
By accessing, using or attempting to use BREATH Services in any capacity, you acknowledge that you accept and agree to be bound by these Terms. If you do not agree, do not access BREATH or utilize BREATH services.
2. BREATH Operators refer to all parties that run BREATH, including but not limited to legal persons, unincorporated organizations and teams that provide BREATH Services and are responsible for such services. For convenience, unless otherwise stated, references to “BREATH” and “we” in these Terms specifically mean BREATH Operators. UNDER THESE TERMS, BREATH OPERATORS MAY CHANGE AS BREATH’S BUSINESS ADJUSTS, IN WHICH CASE, THE CHANGED OPERATORS SHALL PERFORM THEIR OBLIGATIONS UNDER THESE TERMS WITH YOU AND PROVIDE SERVICES TO YOU, AND SUCH CHANGE DOES NOT AFFECT YOUR RIGHTS AND INTERESTS UNDER THESE TERMS. ADDITIONALLY, THE SCOPE OF BREATH OPERATORS MAY BE EXPANDED DUE TO THE PROVISION OF NEW BREATH SERVICES, IN WHICH CASE, IF YOU CONTINUE TO USE BREATH SERVICES, IT IS DEEMED THAT YOU HAVE AGREED TO JOINTLY EXECUTE THESE TERMS WITH THE NEWLY ADDED BREATH OPERATORS. IN CASE OF A DISPUTE, YOU SHALL DETERMINE THE ENTITIES BY WHICH THESE TERMS ARE PERFORMED WITH YOU AND THE COUNTERPARTIES OF THE DISPUTE, DEPENDING ON THE SPECIFIC SERVICES YOU USE AND THE PARTICULAR ACTIONS THAT AFFECT YOUR RIGHTS OR INTERESTS.
3. BREATH Services refer to various services provided to you by BREATH that are based on Internet and/or blockchain technologies and offered via BREATH websites, mobile applications, clients and other forms (including new ones enabled by future technological development). BREATH Services include but are not limited to such BREATH ecosystem components as Digital Asset Trading Platforms, the financing sector, BREATH Labs, BREATH Academy, BREATH Charity, BREATH Info, BREATH Launchpad, BREATH Research, BREATH Chain, BREATH X, BREATH Fiat Gateway, existing services offered by Trust Wallet and novel services to be provided by BREATH.
4. BREATH Platform Rules refer to all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by BREATH, as well as all regulations, implementation rules, product process descriptions, and announcements published in the Help Center or within products or service processes.
5. Users refer to all individuals, institutions or organizations that access, download or use BREATH or BREATH Services and who meet the criteria and conditions stipulated by BREATH. If there exist other agreements for such entities as developers, distributors, market makers, and Digital Currencies exchanges, such agreements shall be followed.
6. Digital Currencies refer to encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a decentralized form.
7. Digital Assets refer to Digital Currencies, their derivatives or other types of digitalized assets with a certain value.
8. BREATH Accounts refer to the foundational virtual accounts, including main accounts and subaccounts, which are opened by BREATH for Users to record on BREATH their usage of BREATH Services, transactions, asset changes and basic information. BREATH Accounts serve as the basis for Users to enjoy and exercise their rights on BREATH.
9. Crypto-to-crypto Trading refers to spot transactions in which one digital currency is exchanged for another digital currency.
10. Fiat Trading refers to spot transactions in which Digital Currencies are exchanged for fiat currencies or vice versa.
II. General Provisions
1. About These Terms
a. Contractual Relationship
These Terms constitute a legal agreement and create a binding contract between you and BREATH Operators.
b. Supplementary Terms
c. Changes to These Terms
BREATH reserves the right to change or modify these Terms in its discretion at any time. BREATH will notify such changes by updating the terms on its website (https://www.RECTASSET.com) and modifying the [Last revised] date displayed on this page. ANY AND ALL MODIFICATIONS OR CHANGES TO THESE TERMS WILL BECOME EFFECTIVE UPON PUBLICATION ON THE WEBSITE OR RELEASE TO USERS. THEREFORE, YOUR CONTINUED USE OF BREATH SERVICES IS DEEMED YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT AND RULES. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS, YOU MUST STOP USING BREATH SERVICES IMMEDIATELY. YOU ARE RECOMMENDED TO FREQUENTLY REVIEW THESE TERMS TO ENSURE YOUR UNDERSTANDING OF THE TERMS AND CONDITIONS THAT APPLY TO YOUR ACCESS TO AND USE OF BREATH SERVICES.
d. Prohibition of Use
BY ACCESSING AND USING BREATH SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE NOT BEEN INCLUDED IN ANY TRADE EMBARGOES OR ECONOMIC SANCTIONS LIST (SUCH AS THE UNITED NATIONS SECURITY COUNCIL SANCTIONS LIST), THE LIST OF SPECIALLY DESIGNATED NATIONALS MAINTAINED BY OFAC (THE OFFICE OF FOREIGN ASSETS CONTROL OF THE U.S. DEPARTMENT OF THE TREASURY), OR THE DENIED PERSONS OR ENTITY LIST OF THE U.S. DEPARTMENT OF COMMERCE. BREATH RESERVES THE RIGHT TO CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS, AND MAY RESTRICT OR REFUSE, IN ITS DISCRETION, THE PROVISION OF BREATH SERVICES IN CERTAIN COUNTRIES OR REGIONS.
2. About BREATH
As an important part of the BREATH Ecosystem, BREATH mainly serves as a global online platform for Digital Assets trading, and provides Users with a trading platform, financing services, technical services and other Digital Assets-related services. As further detailed in Article 3 below, Users must register and open an account with BREATH, and deposit Digital Assets into their account prior to trading. Users may, subject to the restrictions set forth in these Terms, apply for the withdrawal of Digital Assets.
Although BREATH has been committed to maintaining the accuracy of the information provided through BREATH Services, BREATH cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall BREATH be liable for any loss or damage that may be caused directly or indirectly by your use of these contents. The information about BREATH Services may change without notice, and the main purpose of providing such information is to help Users make independent decisions. BREATH does not provide Custody or consulting advice of any kind, and is not responsible for the use or interpretation of information on BREATH or any other communication medium. All Users of BREATH Services must understand the risks involved in Digital Assets trading, and are recommended to exercise prudence and trade responsibly within their own capabilities.
3. BREATH Account Registration and Requirements
By registering to use a BREATH Account, you represent and warrant that (i) as an individual, you are at least 18 or are of legal age to form a binding contract under applicable laws; (ii) as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms; (iii) you have not been previously suspended or removed from using BREATH Services; (iv) you do not currently have a BREATH Account; (v) you are a non-U.S User, unless you only log on to websites for U.S. Users and use BREATH Services for U.S. Users. If you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity; (vi) your use of BREATH Services will not violate any and all laws and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.
c. User Identity Verification
BY REGISTERING AN ACCOUNT, YOU HEREBY AUTHORIZE BREATH TO CONDUCT INVESTIGATIONS THAT BREATH CONSIDERS NECESSARY, EITHER DIRECTLY OR THROUGH A THIRD PARTY, TO VERIFY YOUR IDENTITY OR PROTECT YOU, OTHER USERS AND/OR BREATH FROM FRAUD OR OTHER FINANCIAL CRIMES, AND TO TAKE NECESSARY ACTIONS BASED ON THE RESULTS OF SUCH INVESTIGATIONS. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL INFORMATION MAY BE DISCLOSED TO CREDIT BUREAUS AND AGENCIES FOR FRAUD PREVENTION OR FINANCIAL CRIME PREVENTION, WHICH MAY RESPOND TO OUR INVESTIGATIONS IN FULL.
d. Account Usage Requirements
The BREATH Account can only be used by the account registrant. BREATH reserves the right to suspend, freeze or cancel the use of BREATH Accounts by persons other than account registrant. If you suspect or become aware of any unauthorized use of your username and password, you should notify BREATH immediately. BREATH assumes no liability for any loss or damage arising from the use of BREATH Account by you or any third party with or without your authorization.
e. Account Security
BREATH has been committed to maintaining the security of User entrusted funds, and has implemented industry standard protection for BREATH Services. However, the actions of individual Users may pose risks. You shall agree to treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your BREATH Account and personal information.
You should be solely responsible for keeping safe of your BREATH Account and password, and be responsible for all the transactions under your BREATH Account. BREATH assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, online agreement renewal, etc.
By creating a BREATH Account, you hereby agree that:
you will notify BREATH immediately if you are aware of any unauthorized use of your BREATH Account and password or any other violation of security rules;
you will strictly abide by all mechanisms or procedures of BREATH regarding security, authentication, trading, charging, and withdrawal; and
you will take appropriate steps to logout from BREATH at the end of each visit.
f. Personal Data
your transaction counterparty;
BREATH Operators, and the shareholders, partners, investors, directors, supervisors, senior managers and employees of such entities;
our joint ventures, alliance partners and business partners;
our agents, contractors, suppliers, third-party service providers and professional advisers, including the parties who have been contracted to provide us with administrative, financial, research, operations, IT and other services, in such areas as telecommunications, information technology, payroll, information processing, training, market research, storage and archival;
third-party business partners who provide goods and services or sponsor contests or other promotional activities, whether or not in cooperation with us;
insurance companies or insurance investigators and credit providers;
credit bureaus, or any debt collection agencies or dispute resolution centers in the event of violation or dispute;
business partners, investors, trustees or assignees (actual or expected) that promote business asset transactions (which can be broadened to include any merger, acquisition or asset sale) of BREATH Operators;
professional consultants such as auditors and lawyers;
relevant government regulatory agencies or law enforcement agencies to comply with laws or regulations formulated by government authorities;
assignees of our rights and obligations;
banks, credit card companies and their respective service providers;
persons with your consent as determined by you or the applicable contract.
III. BREATH Services
Upon completion of the registration and identity verification for your BREATH Account, you may use various BREATH Services, including but not limited to, Crypto-to-crypto Trading, Fiat Trading, contract trading, leveraged trading, BREATH Savings services, staking, acquiring market-related data, research and other information released by BREATH, participating in User activities held by BREATH, etc., in accordance with the provisions of these Terms (including BREATH Platform Rules and other individual agreements). BREATH has the right to:
Provide, modify or terminate, in its discretion, any BREATH Services based on its development plan; and
Allow or prohibit some Users’ use of any BREATH Services in accordance with relevant BREATH Platform Rules.
1. Service Usage Guidelines
Provided that you constantly comply with the express terms and conditions stated in these Terms, BREATH grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use BREATH Services through your computer or Internet compatible devices for your personal/internal purposes. You are prohibited to use BREATH Services for resale or commercial purposes, including transactions on behalf of other persons or entities. All the above actions are expressly prohibited and constitute a material violation of these Terms. The content layout, format, function and access rights regarding BREATH Services should be stipulated in the discretion of BREATH. BREATH reserves all rights not expressly granted in these Terms. Therefore, you are hereby prohibited from using BREATH Services in any way not expressly authorized by these Terms.
These Terms only grant a limited license to access and use BREATH Services. Therefore, you hereby agree that when you use BREATH Services, BREATH does not transfer BREATH Services or the ownership or intellectual property rights of any BREATH intellectual property to you or anyone else. All the text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code (including html code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content included in the services or provided through BREATH Services, are exclusively owned, controlled and/or licensed by BREATH Operators or its members, parent companies, licensors or affiliates.
BREATH owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as “Feedback”) about BREATH or BREATH Services that you provide through email, BREATH Services, or other ways. You hereby transfer all rights, ownership and interests of the Feedback and all related intellectual property rights to BREATH. You have no right and hereby waive any request for acknowledgment or compensation based on any Feedback, or any modifications based on any Feedback.
1. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BREATH SERVICES, BREATH MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF BREATH ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND BREATH EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, BREATH DOES NOT REPRESENT OR WARRANT THAT THE SITE, BREATH SERVICES OR BREATH MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BREATH DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS, AGREEMENTS AND RULES SET FORTH IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF BREATH SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT BREATH WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSETS PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA, (D) REGULAR OR UNSCHEDULED MAINTENANCE CARRIED OUT BY BREATH AND SERVICE INTERRUPTION AND CHANGE RESULTING FROM SUCH MAINTENANCE, (E) ANY DAMAGES INCURRED BY OTHER USERS’ ACTIONS, OMISSIONS OR VIOLATION OF THESE TERMS, (F) ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ACTIONS WITHOUT AUTHORIZED BY BREATH; AND (G) OTHER EXEMPTIONS MENTIONED IN DISCLAIMERS AND PLATFORM RULES ISSUED BY BREATH. THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.
2. Disclaimer of Damages and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BREATH, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS) ARISING OUT OF BREATH SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF BREATH SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF BREATH AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF BREATH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF BREATH’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF BREATH, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF SERVICES OFFERED BY OR ON BEHALF OF BREATH AND ITS AFFILIATES, ANY PERFORMANCE OR NON-PERFORMANCE OF BREATH SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO BREATH UNDER THESE TERMS IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
You agree to indemnify and hold harmless BREATH Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, BREATH Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of BREATH Services. If you are obligated to indemnify BREATH Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, BREATH will have the right, in its sole discretion, to control any action or proceeding and to determine whether BREATH wishes to settle, and if so, on what terms.
Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed on https://www.RECTASSET.com .USERS UNDERTAKE TO REFER TO THESE MATERIALS REGULARLY AND PROMPTLY. BREATH WILL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY MANNER OF COMPENSATION SHOULD USERS INCUR PERSONAL LOSSES ARISING FROM IGNORANCE OR NEGLIGENCE OF THE ANNOUNCEMENTS.
VI. No Financial Advice
BREATH is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using BREATH Services. No communication or information provided to you by BREATH is intended as, or shall be considered or construed as, Custody advice, financial advice, trading advice, or any other sort of advice. Unless otherwise specified in these Terms, all trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any Custody, Custody strategy or related transaction is appropriate for you according to your personal Custody objectives, financial circumstances and risk tolerance, and you shall be solely responsible for any loss or liability therefrom. You should consult legal or tax professionals regarding your specific situation. BREATH does not recommend that any Digital Asset should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisors prior to making any Custody decision. BREATH will not be held responsible for the decisions you make to buy, sell, or hold Digital Asset based on the information provided by BREATH.
VII. Compliance with Local Laws
It is Users’ responsibility to abide by local laws in relation to the legal usage of BREATH Services in their local jurisdiction as well as other laws and regulations applicable to Users. Users must also factor, to the extent of their local laws all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities.ALL USERS OF BREATH SERVICES ACKNOWLEDGE AND DECLARE THAT THEIR FUNDS COME FROM LEGITIMATE SOURCES AND DO NOT ORIGINATE FROM ILLEGAL ACTIVITIES; USERS AGREE THAT BREATH WILL REQUIRE THEM TO PROVIDE OR OTHERWISE COLLECT THE NECESSARY INFORMATION AND MATERIALS AS PER RELEVANT LAWS OR GOVERNMENT ORDERS TO VERIFY THE LEGALITY OF THE SOURCES AND USE OF THEIR FUNDS.BREATH maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate Users’ accounts and funds which are flagged out or investigated by legal mandate.
X. Resolving Disputes:
Forum, Arbitration, Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING AS A CLASS ACTION FOR RESIDENTS OF THE U.S.
1. Notification of Dispute. Please contact BREATH first! BREATH wants to address your concerns without resorting to formal legal proceedings. Before filing a claim, you agree to try to resolve the dispute informally by contacting BREATH first through https://www.RECTASSET.com.
2. Agreement to Arbitrate. You and BREATH agree to resolve any claims relating to these Terms (including any question regarding their existence, validity, termination, or any services or products provided and any representations made by us) through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. You agree to first give us an opportunity to resolve any claims by contacting us as set forth in paragraph 1 above. If we are not able to resolve your claims within 60 days of receiving the notice, you may seek relief through arbitration.
3. Arbitration Procedure. Either you or BREATH may submit a dispute (after having made good faith efforts to resolve such dispute in accordance with paragraphs 1 and 2 above) for final and binding resolution by arbitration .JUDGMENT ON ANY ARBITRAL AWARD MAY BE GIVEN IN ANY COURT HAVING JURISDICTION OVER THE PARTY (OR OVER THE ASSETS OF THE PARTY) AGAINST WHOM SUCH AN AWARD IS RENDERED.
4. Notice. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claims to [email protected] If we request arbitration against you, we will give you notice at the email address or street address you have provided.
1. Independent Parties. BREATH is an independent contractor but not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.
2. Entire Agreement. These Terms constitute the entire agreement between the parties regarding use of BREATH Services and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein.
3. Interpretation and Revision. BREATH reserves the right to alter, revise, modify, and/or change these Terms at any time. All changes will take effect immediately upon being published on BREATH websites. It is your responsibility to regularly check relevant pages on our websites/applications to confirm the latest version of these Terms. If you do not agree to any such modifications, your only remedy is to terminate your usage of BREATH Services and cancel your account. You agree that, unless otherwise expressly provided in these Terms, BREATH will not be responsible for any modification or termination of BREATH Services by you or any third party, or suspension or termination of your access to BREATH Services.
4. Force Majeure. BREATH will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond BREATH’s reasonable control.
5. Severability. If any portion of these Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
6. Assignment. You may not assign or transfer any right to use BREATH Services or any of your rights or obligations under these Terms without prior written consent from BREATH, including any right or obligation related to the enforcement of laws or the change of control. BREATH may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
7. Waiver. The failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.
9. Matters Related to Apple Inc. If you use any device manufactured by Apple Inc. to participate in any commercial activities or reward programs through BREATH Services, such activities and programs are provided by BREATH and are not associated with Apple Inc. in any manner.
10. Contact Information. For more information on BREATH, you may refer to the company and license information found on BREATH websites. If you have questions regarding these Terms, please feel free to contact BREATH for clarification via our Customer Support team at https://www.RECTASSET.com