Disclaimers & Acknowledgement of Intellectual Property
Last Modified as of 20th day of February, 2023
PLEASE READ THESE DISCLAIMERS & ACKNOWLEDGEMENT OF INTELLECTUAL PROPERTY CAREFULLY. By accessing or using this Site, courses, services, and any associated content, you agree to be contractually bound by these Disclaimers & Acknowledgement of Intellectual Property.
OVERVIEW
The terms “we,” “us,” and “our” refer to Breathe Function Thrive PLLC as the “Company.” The term the “Site”, refers to all Breathe Function Thrive PLCC sites and associated Sites, content and services including but not limited to
www.breathefunctionthrive.com, www.tonguewrangler.com, www.tonguewranglers.com, www.tmjhealingplan.com, www.cynthiapetersonpt.com, www.fairest.org, courses, services, and all associated content. The terms “user,” “you,” and “your” refer to visitors, customers, and any other users of the Site, courses, services, and all associated content.
The term “Service” is defined as information and inspiration given via any and all forms of communication, media and Materials (the “Materials”) found on the Site, courses, services, and all associated content. The Site may also sell digital and physical products to help further entertain, educate, inspire, and/or provide resources.
Use of the Site, including all associated content, services, ideas, and materials shared or presented in any way is subject to the following Terms of Use and applies to all Site, courses, services, and all associated content, visitors, customers, and all other users of the Site, courses, services, and all associated content and materials. Please also refer to and carefully read our Privacy Policy and Disclaimers and Acknowledgement of Intellectual Property.
1. Terms, Acceptance and Agreement to be Bound
By accessing this Site, courses, services, and all associated content you are agreeing to be bound by these Disclaimers and Acknowledgement of Intellectual Property, which you may not modify. You acknowledge reading them. You agree to comply with all applicable laws and regulations and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms in this agreement, you are prohibited from using or accessing this Site, courses, services, and all associated content, material, and links.
2. Intellectual Property
The SITE’S SERVICES AND MATERIALS ARE PROTECTED BY U.S. AND INTERNATIONAL COPYRIGHT AND TRADEMARK LAWS. THE COMPANY RETAINS ALL OWNERSHIP AND ALL OTHER RIGHTS IN THEN MATERIALS INCLUDING ALL COMPANY LOGOS AND TRADEMARKS USED IN CONNECTION WITH THE SERVICE. YOU AGREE THAT YOU WILL NOT COPY, SHARE, REPRODUCE, MODIFY, CREATE DERIVATIVES, USE, REPUBLISH, REDISTRIBUTE, UPLOAD, POST, PERFORM, TRANSMIT, CIRCULATE OR DISTRIBUTE ANY OF THE CONTENT, INCLUDING ANY TRADEMARKS, NAMES, LOGOS, PHOTOS, PAGES, TEXT, IMAGES, PROCESSES, PROCEDURES, TECHNIQUES, OR THE CONTENT USING “FRAMING” TECHNOLOGY, NOR SYSTEMATICALLY RETRIEVE DATA, INFORMATION, OR THE CONTENT TO CREATE A COLLECTION, COMPILATION, DATABASE, OR DIRECTORY. AND THAT ALL RIGHTS NOT EXPRESSLY GRANTED ARE RESERVED TO THE COMPANY AND YOU EXPLICITLY UNDERSTAND THAT ANY VIOLATIONS OF THIS AGREEMENT WOULD BE INJURIOUS TO THE COMPANY. YOU ALSO EXPLICITLY UNDERSTAND THAT HAVING REVIEWED, SEEN, AND/OR STUDIED THIS CONTENT OR MATERIALS PROVIDED DOES NOT ESTABLISH THE EXPERTISE TO TEACH OR TREAT OTHERS.
WRITTEN PERMISSION IS REQUIRED TO RECORD THE MATERIALS IN ANY MANNER INCLUDING BUT NOT LIMITED TO SCREEN SHOTS, AUDIO OR VIDEO RECORDINGS OF ANY KIND, PHOTOGRAPH, DOWNLOADING, OR COPYING OF ANY TREATMENTS, TOOLS, HANDOUTS OR OTHER INFORMATION IN ANY MANNER. For all recording, reproduction, training, and licensing permissions contact the Company at Connect@BreatheFunctionThrive.com.
3. Disclaimers
THE MATERIALS THE SITE ARE PROVIDED “AS IS.” THE COMPANY MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HERBY DISCLAIMS AND NEGATES ANY AND ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATION OF RIGHTS. FURTHER, THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION CONCERNING THE COMPLETENESS, ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE MATERIALS ON ITS SITE, COURSES, SERVICES, AND ALL ASSOCIATED CONTENT OR ANY LINKS CONNECT TO THIS SITE, COURSES, SERVICES, AND ALL ASSOCIATED CONTENT.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS ACQUIRED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEROF AND ANY DAMAGES TO YOUR DEVICES OR SYSTEMS, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
IN NO EVENT WILL THE COMPANY OR THEIR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DAMAGE OF ANY KIND BE THEY DIRECT OR INDIRECT.
THE INFORMATION FROM THE COMPANY (INCLUDING BUT NOT LIMITED TO FORMS, CREATIVE MATERIALS, E-COURSE, HANDOUTS, SOCIAL PLATFORMS, ETC) IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE A MEDICAL DIAGNOSIS OR AS A SUBSTITUTE FOR MEDICAL ADVICE. THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES THAT THE INFORMATION OR EXERCISES ARE APPROPRIATE FOR YOU OR WILL RESULT IN IMPROVEMENT OF YOUR MEDICAL CONDITION OR FUNCTION. THE ENTIRE CONTENTS OF THE MATERIALS, INCLUDING COURSES, ARE BASED UPON THE OPINIONS AND EXPERIENCE OF THE COMPANY, CONTRACTORS, AND AFFILIATES. THE INFORMATION DOES NOT REPLACE A ONE-ON-ONE CONSULATION AND RELATIONSHIP WITH QUALIFIED HEALTH CARE PROFESSIONALS AND IS NOT INTENDED AS MEDICAL ADVICE. IT IS INTENDED AS A SHARING OF INORMATION, KNOWLEDGE AND EXPERIENCE.
THE COMPANY EXPECTS AND ENCOURAGES YOU TO MAKE YOUR OWN HEALTH CARE DECISCIONS BASED UPON YOUR OWN RESEARCH AND IN PARTNERSHIP WITH THE APPROPRIATE QUALIFIED HEALTH CARE PROFESSIONALS. IT IS YOUR RESPONSIBILITY TO CONSULT WITH YOUR OWN HEALTH CARE PROFESSIONALS BEFORE TRYING ANYTHING NEW.
4. Limitations
IN NO EVENT SHALL THE COMPANY AND/OR ITS GUESTS OR SPONSORS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, ONSEQUENTIAL, PUNITIVE, OR DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, INFORMATION, OR ADVIC ON THE SITE, EVEN IF THE COMPANY AND/OR AN AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. These limitations may not apply to you because some jurisdictions do not allow limitations on implied warranties or limitation of liability for consequential or incidental damages.
5. Links and Affiliate Disclaimers
The Materials on the Site, courses, services, and all associated content may contain references or links to materials from third parties. Reference to any third-party products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation with us.
By clicking on any links, you agree that the Company is not responsible for their content, regardless of whether your access is provided by the Company or by another third-party. The Company does not warrant the accuracy, timeliness, or suitability of the content of any third-party links. The Company is not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites. The Company is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party.
Your sole and exclusive remedy for any claims or concerns arising from any links, references, or third-party companies, associations, products, or services is against the third-party provider, and not the Company. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Pursuant to the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, some of the links are affiliated links. This means that the Company may receive payment if you purchase products or services through such links.
6. Disclaimer & Acknowledgement of Intellectual Property Modifications
The Company reserves the right to modify or revise these Disclaimers & Acknowledgement of Intellectual Property for its Site, courses, services, and all associated content at any time without prior notice.
Amended Disclaimers & Acknowledgement of Intellectual Property is always accessible through the Site, and you should periodically check for and review material modifications and their effective dates. BY USING THIS SITE AND ANY OF ITS CONTENT OR MATERIALS, YOU AGREE TO BE BOUND BY THE CURRENT VERSION OF THESE DISCLAIMERS & ACKNOWLEDGEMENT OF INTELLECTUAL PROPERTY.
7. This Site, courses, services, and all associated content, does not provide medical advice or
Constitute a Provider-Patient Relationship
THIS SITE AND THE ENTIRETY OF ITS CONTENTS AND ASSOCIATED CONTENT ARE PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND MAKE NO GUARANTEE AND NO WARRANTY OF ACHIEVING ANY SPECIFIC RESULTS. BY USING THIS SITE, COURSES, SERVICES, AND ALL ASSOCIATED CONTENTS YOU EXPLICITLY ACKNOWLEDGE THAT YOU UNDERSTAND YOUR USE OF THIS SITE OR ANY OF ITS CONTENTS OR ASSOCIATED CONTENT DOES NOT CREATE
A PROVIDER-PATIENT RELATIONSHIP IN ANY WAY. THIS SITE, COURSES, SERVICES, AND ALL ASSOCIATED CONTENT DO NOT CONSTITUTE THERAPY IN ANY FORM. IT IS YOUR FULL AND COMPLETE RESPONSIBILITY TO MAKE YOUR OWN HEALTH CARE DECISIONS WITH YOUR MEDICAL PROVIDER AND NOT TO SHARE, TRANSMIT, DISCLOSE OR PROVIDE ANY PROTECTED HEALTH INFORMATION. YOU AGREE TO INDEMNIFY THE COMPANY AGAINST ANY DAMAGES, LOSSES, LIABILITIES, LOSS OF PRIVACY, JUDGEMENTS, COSTS OR EXPENSES (INCLUDING ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH USE, PROVISION, TRANSMISSION, STORAGE, OR DISCLOSURE OF ANY PERSONAL INFORMATION INCLUDING PERSONAL HEALTH INFORMATION.
8. Governing Law
These Disclaimers & Acknowledgement of Intellectual Property for the Site, courses, services, and all associated content, and the Company shall be governed and construed in accordance with applicable federal law and the substantive laws of Utah without giving effect to the principles of conflict of laws. Any cause of action by you with respect to our Site, courses, services, and all associated content, or Materials must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of these Disclaimers& Acknowledgement of Intellectual Property be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
To the extent that any of the Materials are in conflict or inconsistent with these Disclaimers and Acknowledgement of Intellectual Property, these Terms shall take precedence. Our failure to enforce any provision of these Disclaimers & Acknowledgement of Intellectual Property shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Disclaimers & Acknowledgement of Intellectual Property shall survive any termination of these Disclaimers & Acknowledgement of Intellectual Property.
Questions and Contact Information
Please contact at Connect@BreatheFunctionThrive.com. Sometimes an email inadvertently goes to junk mail, so if you do not hear back in a timely manner try another means of
contacting us as well. You can also contact us by phone at (385)-722-4555 or regular mail at:
Breathe Function Thrive PLLC
P.O. Box 924
Bountiful, UT 84011
USA