PRODUCT USER AGREEMENT

 Breathing Retraining Center LLC Product User Agreement (“Agreement”) contains the terms and conditions that apply to your purchase of any products and the use of any information contained therein, which you order from Breathing Retraining Center LLC, including but not limited to, The Breathing Audit, Nasal Breathing Home Study Program, and Healthy Breathing Habits Home Study Program (collectively, the “Products”).  By ordering the Products, you are agreeing to be legally bound by the Agreement. If you do not agree with the terms and conditions of the Agreement, please do not purchase any of the Products offered by Breathing Retraining Center LLC. These terms may be updated from time to time without notice to you.  You should review the BreathingRetrainingCenter.com website periodically for changes to these terms.

 TERMS & CONDITIONS:

 1.  The information contained in the Products is educational in nature and is provided only as general information and is not medical or psychological advice.  You agree to follow the instructions and advice accompanying any of the Products.  It is preferable that you use the information contained in the Products at a time and in a place where you will not be disturbed and you can focus on the material.

 2.  By purchasing the Products and using the information contained therein, you will be introduced to information about an alternative non-medical/non-psychological approach for creating healthy breathing habits (the “Approach”).  The Approach is based on the concept that there is a difference between healthy breathing habits and less-than-optimal breathing habits. The Products also describe elements of healthy breathing habits, identify possible symptoms and signs of poor breathing habits and provide breathing retraining exercises and techniques.  The premise in applying the Approach is that it’s possible to normalize the breathing pattern to increase wellness. The Approach is based on the founding principles of the Buteyko Breathing Technique, created by Dr. Konstantin Buteyko, a Ukrainian physician and breathing researcher in the mid-20th century.  The Approach was developed to address the underlying condition of over-breathing that is believed to be a cause of physical health issues and stress-related problems. You understand the Products contain information, including self-evaluation questions, exercises, trainings, techniques, resources, and offers lists of possible symptoms and diseases resulting from unhealthy breathing habits. The purpose of the Products is to provide you with an opportunity for self-reflection and as an educational opportunity to explore how breathing problems may or may not play a role in your life.  You understand the Products are designed solely for your own personal, non-commercial home use as an educational self-help tool. 

 3.  Although the Approach and the Buteyko Breathing Technique appear to have promising mental, emotional, and physical benefits, they have yet to be fully researched by the Western academic, medical, and psychological communities.  Therefore, they are considered experimental.  The Approach and the Buteyko Breathing Technique are self-regulated and they are considered to be alternative or complementary to the healing arts that are licensed in the United States.  Due to the experimental nature of the Approach and the Buteyko Breathing Technique, and because they are relatively new healing approaches and the extent of their effectiveness, as well as their risks and benefits are not fully known, you agree to assume and accept full responsibility for any and all risks associated with the Products.

4.  You understand that purchasing the Products and using the information contained therein, does not create a client-coach or any other type of professional relationship between you and Breathing Retraining Center, LLC and should not be relied upon as medical, psychological, coaching, or other professional advice of any kind or nature whatsoever.  While the developer of the Approach and the producer of the Products has extensive experience as an alternative healing arts practitioner, she is not a psychologist, psychotherapist, physician, or other licensed health-care provider.  

 5.  Any information about the Approach or the Buteyko Breathing Technique contained in the Products is not intended to represent they are used to diagnose, cure, treat, or prevent any medical problem or psychological disorder nor are they intended as a substitute for seeking professional health care advice. In addition, you understand the information contained in the Products is not to be considered a recommendation that you stop seeing any of your health-care professionals or using prescribed medication, if any, without consulting with your health care professional, even if after using any of information contained in the Products it appears and indicates that such medication or treatment is unnecessary.  Breathing Retraining Center LLC strongly advises that you seek professional advice as appropriate before making any health decision.    

 6.  You understand the Products provide you with the option of participating in a group Facebook page where you may voluntarily reveal personal information.  Therefore, if you voluntarily choose to participate in the group Facebook page related to the Products, then you understand that you waive your rights of privacy and confidentiality.

7.  Although people report having positive experiences with the Approach, please be advised it’s possible to experience some emotional distress or physical discomfort when using any of the exercises, techniques or trainings that are taught with the Approach.  You agree to stop any exercises or any other activity outlined in any of the Products should they inadvertently activate distressing reactions in you. 

8.  You acknowledge Breathing Retraining Center LLC owns all right, title, and interest, in and to the Products, including intellectual property rights, and the copyrights therein.  Except as expressly authorized, you may not copy, adapt, alter, reproduce, modify, retransmit, rent, lease, loan, sell, publish, distribute, disseminate, broadcast, communicate or make available to the public the Products, in whole or in part, or create derivative works of the Products. 

9.  THE PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO,WARRANTIES FOR A PARTICULAR PURPOSE.  Therefore, by purchasing the Products and using the information contained therein, Breathing Retraining Center LLC makes no warranty, guarantee, or prediction regarding any outcome from you using the information contained in the Products for any particular issue. You understand Breathing Retraining Center LLC accepts no responsibility or liability whatsoever for the use or misuse of any of the information contained in the Products. 

10.  You represent that you’re competent and able to understand the nature and consequences of using the information contained in the Products and that you are an adult under the laws of the state of your residence. If you are a parent or legal guardian agreeing to the Agreement for the benefit of a minor, be advised that you are fully responsible for said minor’s use of the information contained in the Products, including all financial charges and legal liability that said minor may incur.

11.  You agree and understand the Agreement is intended to be a complete unconditional release of liability and assumption of risk to the greatest extent permitted by law and that if any portion hereof is held invalid, it is agreed that the balance of the Agreement shall continue in full force and effect.   The Agreement sets forth the sole and entire understanding of the parties hereto relating to the subject matter hereof. Any and all matters in dispute between the parties to the Agreement, whether arising from or relating to the Agreement itself, or arising from alleged extra-contractual facts prior to, during, or subsequent to the Agreement, including, without limitation, fraud, misrepresentation, negligence or any other alleged tort or violation of the contract, shall be governed by, construed, and enforced in accordance with the laws of State of California, without regard to conflicts of law doctrines and regardless of the legal theory upon which such matter is asserted

12.  By purchasing the Products you knowingly, voluntarily, and intelligently assume all risks, including any adverse outcome that might result from your use of the information contained in the Products.  You agree to forever fully release, indemnify, and hold harmless, Breathing Retraining Center LLC, its owners, members, principals, staff members, employees, consultants, agents, representatives, and others associated with Breathing Retraining Center LLC from any claim or liability whatsoever and for any damage or injury whether personal, financial, emotional, psychological or otherwise, which you may incur arising at any time out of or in relation to your use of the information contained in the Products. 

 

 

© 2015 Midge Murphy and Breathing Retraining Center LLC,   All rights reserved.  Any unauthorized use is prohibited by federal law. Besides use by staff and clients and prospective clients of Breathing Retraining Center LLC in the normal course of business, no part of this document may be reproduced or transmitted by others in any form or by any means, including photocopying, for public and/or private use without permission in writing from Midge Murphy (midge@midgemurphy.com).