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 Terms of Service

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 Effective Date: December, 20th, 2022

IF YOU ARE IN DANGER, CONSIDERING SUICIDE, OR NEED EMERGENCY HELP, CALL 911 (IN THE U.S.), OR YOUR LOCAL AUTHORITIES.

This policy covers the use of the BREATHE, which can be reached through and https://breathesafespace.wixsite.com/my-site . Please read these Terms of Use and our TERMS OF SERVICE, which is incorporated herein by reference, carefully. By visiting our Sites, you agree to follow the rules set forth here. If we update our Terms of Use, we will post the updated Terms of Use here. Any such changes will be effective upon posting. You should consult the “Terms of Use'' bar on this Site each time you visit our Sites. 

If you do not agree with these Terms of Use, you should not use our Sites. If you have any questions or suggestions about these Terms of Use, please contact BREATHE at breathe.safe.space@gmail.com.  

1. Use of Our Sites and Content

All content included on our Sites, such as text, graphics, logos, buttons, icons, images, photographs, audio clips, digital downloads, data compilations, and software, is the property of BREATHE or its respective owner, and is protected by United States and international copyright laws.

Users of our Sites may not copy, print, or distribute any of the content thereon, with the exception of resource articles provided on our Sites or in the Resource Library. Such resource articles may be used only for informational, non-commercial purposes. Linking to our Sites is permitted, as long as the link does not imply or suggest that  BREATHE has endorsed or is affiliated with the linked site.

BREATHE acknowledges that users come to us carrying a wide range of emotions and are at different stages of healing. Users of our Sites are asked to be respectful, thoughtful and civil in all communications with BREATHE staff. BREATHE does not tolerate harassment, bullying, discrimination, racism, sexism or aggression of any kind. Any BREATHE Site users who violate these community standards, or who otherwise disrupt, interfere with or harass BREATHE staff, may be restricted or barred from our services.

Your Content: We may collect information (other than your personally identifiable information, which is governed by the terms of our Privacy Policy or other content (“Content”) that you voluntarily provide, including reviews and ratings submitted in the Prevention Navigator section of our Sites. You retain ownership of any intellectual property rights that you hold in that Content. In short, what belongs to you stays yours.

When you provide Content to or through our Sites you give us and users of our Sites and such other websites and media platforms (now known or later developed) as we may designate ("Other Media") an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. You agree that this license includes the right for us to make Content submitted to or through our Sites available to other companies, organizations or individuals who partner with us for the syndication, broadcast, distribution or publication of such Content on Other Media and services, subject to our terms and conditions for such Content use. Such additional uses by BREATHE , or other companies, organizations or individuals who partner with BREATHE , may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through our Sites. Finally, you irrevocably waive, and cause to be waived, against BREATHE  and its users any claims and assertions of moral rights or attribution with respect to Content. If you do not want your Content shared with others, you should not submit it to us, nor should you submit Content that contains Personally Identifiable Information. Unless BREATHE expressly states to the contrary, BREATHE will not be required to treat any submission as confidential.

All Content including ratings provided through Prevention Navigator, program data, descriptions of prevention courses, video excerpts, assertions about its effectiveness, and client lists, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We are not obligated to monitor or control the Content posted on our Sites, and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via our Sites or obtained by you through our Sites is at your own risk.

We reserve the right to monitor and edit any postings and to delete, remove, move, re-format, edit or reject any Content in our sole discretion, without prior notice or liability to you. If we determine, in our sole discretion and judgment, that any Content, including Ratings provided through Prevention Navigator, may violate these Terms of Use, in addition to our rights as described in these Terms of Use, we reserve the right, at any time and without limiting any and all other rights we may have to: (i) refuse to allow you to post; (ii) remove and delete Content; (iii) revoke your right to use our Sites; and/or (iv) use any technological, legal, operational or other means available to us to enforce the provisions of these Terms of Use, including, without limitation, blocking specific IP addresses or deactivating your registration on our Sites.

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Copyright Policy: We respect the intellectual property rights of others and expect users of our Sites to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have 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 (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Send your notice to our designated contact, the Online Hotline Administrator, at breathe.safe.space@gmail.com.

BREATHE respects the intellectual property rights of others and reserves the right, at its sole discretion, to block and/or terminate access to our Sites from those that infringe on the rights of others.

3. Password and Security Notification

Certain areas of the Sites are password-protected. You may not attempt to access any password-protected areas of the Site without authorization. If you have been issued a password for the Site, you agree that we have granted you limited access to specific files pertaining to you, and you agree not to attempt to access other computer files. All information that we provide to users of the Sites supplying a password is confidential and intended solely for the information of its intended recipient. You are solely responsible for maintaining the confidentiality of your passwords, account information, user names, and/or security questions and answers for the Sites, and for logging off any protected areas of the Sites when you finish a session. Accordingly, you should protect the confidentiality of your password, and notify us immediately if you become aware of its unauthorized use. If you share your password with a third party, you assume all responsibility for all such party’s activity related to the Site.

4. Limitations of Liability

IN NO EVENT SHALL BREATHE OR ITS AFFILIATES AND THEIR RESPECTIVE PARTNERS, EMPLOYEES, VOLUNTEERS, DONORS, AFFILIATES AND AGENTS (COLLECTIVELY “RELATED PERSONS”) BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS, DAMAGES OR INJURIES, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL (“DAMAGES”) ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE (OR INABILITY TO USE) OR DISTRIBUTION OF OUR SITES AND THEIR CONTENTS, OR A SITE LINKED TO OUR SITES, INCLUDING ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER/DEVICE VIRUS, COMMUNICATION LINE FAILURE, OTHER COMPUTER/DEVICE MALFUNCTION, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION, OR ANY CONTENT OBTAINED THROUGH USE OF THE SITE. THIS IS TRUE EVEN IF BREATHE  OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

OUR SITES ARE PROVIDED BY BREATHE ON AN "AS IS" AND "AS AVAILABLE" BASIS. BREATHE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SITES OR THE INFORMATION INCLUDED ON OUR SITES INCLUDING ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SITES IS AT YOUR SOLE RISK. INFORMATION AND ADVICE PROVIDED THROUGH OUR SITES IS NOT INTENDED AND SHALL NOT CONSTITUTE PROFESSIONAL COUNSELING. ONLINE SESSIONS MAY BE CONDUCTED BY STAFFERS (INCLUDING VOLUNTEERS) WHO ARE NOT PROFESSIONALS AND MAY NOT BE AUTHORIZED TO PROVIDE COUNSELING SERVICES IN CERTAIN STATES. ONLINE SESSIONS ARE NOT A SUBSTITUTE FOR PROFESSIONAL COUNSELING SERVICES. THE INFORMATION CONTAINED ON OUR SITES IS NOT INTENDED OR IMPLIED TO CONSTITUTE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IN ADDITION, NOTHING ON OUR SITES IS INTENDED TO CONSTITUTE LEGAL ADVICE.

 

5. Limitations of Liability

IN NO EVENT SHALL BREATHE OR ITS AFFILIATES AND THEIR RESPECTIVE PARTNERS, EMPLOYEES, VOLUNTEERS, DONORS, AFFILIATES AND AGENTS (COLLECTIVELY “RELATED PERSONS”) BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS, DAMAGES OR INJURIES, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL (“DAMAGES”) ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE (OR INABILITY TO USE) OR DISTRIBUTION OF OUR SITES AND THEIR CONTENTS, OR A SITE LINKED TO OUR SITES, INCLUDING ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER/DEVICE VIRUS, COMMUNICATION LINE FAILURE, OTHER COMPUTER/DEVICE MALFUNCTION, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION, OR ANY CONTENT OBTAINED THROUGH USE OF THE SITE. THIS IS TRUE EVEN IF BREATHE OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

OUR SITES ARE PROVIDED BY BREATHE ON AN "AS IS" AND "AS AVAILABLE" BASIS. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SITES OR THE INFORMATION INCLUDED ON OUR SITES INCLUDING ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SITES IS AT YOUR SOLE RISK. INFORMATION AND ADVICE PROVIDED THROUGH OUR SITES IS NOT INTENDED AND SHALL NOT CONSTITUTE PROFESSIONAL COUNSELING. ONLINE SESSIONS MAY BE CONDUCTED BY STAFFERS (INCLUDING VOLUNTEERS) WHO ARE NOT PROFESSIONALS AND MAY NOT BE AUTHORIZED TO PROVIDE COUNSELING SERVICES IN CERTAIN STATES. ONLINE SESSIONS ARE NOT A SUBSTITUTE FOR PROFESSIONAL COUNSELING SERVICES. THE INFORMATION CONTAINED ON OUR SITES IS NOT INTENDED OR IMPLIED TO CONSTITUTE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IN ADDITION, NOTHING ON OUR SITES IS INTENDED TO CONSTITUTE LEGAL ADVICE.

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