Breathe Brand Protection, PLLC

Terms of Use Agreement

 

Effective Date: November 14, 2022

 

1.     Introduction 

The Breathe.Law (and Breathe.Lawyer) website, including its content and associated services (collectively “Website”), is owned and operated by Breathe Brand Protection, PLLC (“Breathe”, “our”, “us”, “we”), a Michigan Professional Limited Liability Company with its principal place of business in Traverse City, Michigan. 

This Terms of Use Agreement (“Agreement”) is meant to inform you (“User(s)”) of your rights and duties while using the Website.  Breathe encourages you to review this Agreement carefully. By either accessing this Website or entering into a client/attorney relationship with Breathe, you agree to be bound by the terms and conditions of this Agreement.  If you do not agree with the terms and conditions of this Agreement, you are prohibited from using the Website and must discontinue use immediately.

 

2.     Definitions

As used in this Agreement:

  • “Clients” means individuals that have entered into an attorney/client relationship with Breathe by signing an engagement letter or retainer agreement and paying a fee.

  • “User(s)” means all individuals that visit and access the Website, including Clients.

  • “You / Your / You’re” means Users.

  • “Services” mean legal services provided by Breathe to Clients pursuant to an engagement letter or retainer agreement.

 

3.     No Legal Advice

The Website is made available for general information only and does not constitute or replace formal legal advice. By visiting this website, you agree and understand that no attorney-client relationship is formed.

 

4.     User Warranties and Representations

Users warrant and represent that:

  • You have the right and legal capacity to enter into this Agreement.

  • You have no conflicts to agreeing to the terms and conditions of this Agreement.

  • You are a human individual that is 18 years of age or older.

  • You will provide accurate and valid information to Breathe.

  • You agree to comply in good faith with the terms and conditions of this Agreement.

 

5.     Website Use

Visiting and using the Website is free.  The Website provides general information about Breathe and its Services, including a brand law blog with relevant and entertaining information about brand protection. When contacting Breathe either via email or via contact form, you are agreeing to receive e-mail notifications from Breathe.  You may opt out of these email notifications at any time by informing Breathe at the contact email below or selecting unsubscribe within the email notification.  You can learn more about Breathe’s use of your email address by visiting the Privacy Policy.

You have a duty to ensure that information provided through the Website is truthful, current, complete, and accurate.  You are prohibited from providing information that in any way impersonates another person or otherwise violates the rights of a third-party.  Breathe does not endorse or discriminate you based upon any information provided by you through the Website.

Breathe reserves the right to restrict access to, monitor, suspend, disable, or delete a User’s access to the Website at any time, in its sole discretion, without prior warning.

 

6.     Website Ownership and License

You acknowledge and agree that Breathe is the owner of – and has rights to – the Website and its associated content, including all intellectual property rights.  Breathe hereby grants you a limited, non-exclusive, non-sublicensable, royalty-free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms of this Agreement will result in termination of this license. Absent prior written permission from Breathe, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content.  This license is revocable at any time, and any rights not expressly granted herein are reserved to Breathe.

 

7.     Intellectual Property

All trademarks and copyrights displayed on the Website are property of their respective owners.  All Breathe trademarks are the property of Breathe, including, but not limited to, BREATHE and BREATHE BRAND PROTECTION, as well as all Breathe logos.  The Website, including its look and feel, color selections, layout, and arrangement is the trade dress of Breathe.  You are prohibited from using Breathe’s trademarks, service marks, and trade dress – or any colorable imitation therefor – to indicate source, sponsorship, approval, affiliation, connection, and/or association with your goods or services without the prior written consent of Breathe

 

8.     Pricing 

Breathe includes information about baseline pricing for all Services provided.  The prices on the Website are estimates only and subject to change at any time, at the sole discretion of Breathe.

 

9.     Purchases

Clients have the option to pay for Services electronically via debit card, credit, card, or e-check (“Electronic Payments”).  All Electronic Payments are processed through Clio Payments, which serves as a third-party payment processor.  All Electronic Payments made by Clients are bound by Clio’s Terms of Service located here: https://www.clio.com/tos/.

 

10.  Refund Policy

Breathe only provides refunds to Clients for sSrvices not-yet-performed.  For Client projects where Services have already been partially rendered, refund amounts will vary on a case-by-case basis.  Clients should consult their engagement letter and/or retainer agreement for more information related to refunds.

 

11.  Prohibited Uses

Users shall not use the Website to:

  • Violate any law, statute, ordinance, regulation, or treaty;

  • Violate the rights of third-parties;

  • Infringe upon the intellectual property rights of others;

  • Threaten or encourage bodily harm and/or destruction of property;

  • Perpetuate messages that are offensive, defamatory, derogatory, pornographic, or obscene;

  • Promote hate, violence, harassment, stalking, discrimination, terrorism, or intolerance of any kind based upon race, ethnicity, religion, sexual orientation, or disability;

  • Incite illegal activity or unlawful sexual solicitation;

  • Raise support or defense for anyone alleged to be involved in a criminal activity;

  • Impersonate another or commit fraud;

  • Solicit commercial endeavors, a phishing scam, or pyramid scheme;

  • Collect personal or personally identifiable information from others;

  • Use a robot, spider, scraper, or other automated technology;

  • Impose a disproportionate load on the Website or its server infrastructure or otherwise attempt to interfere with the operation of the Website;

  • Circumvent Breathe’s technological and physical security measures;

  • Violate any term or condition of this Agreement; or

  • Post and/or transmit content that violates any of the above.

 

12.  Disclaimer of Warranties

Breathe disclaims responsibility for any harm and/or liability arising out of or related to your use of the Website and/or Services provided.  Breathe provides the Website and Services AS-IS without any warranty of any kind, whether express, implied, or statutory, including but not limited to, warranties of merchantability, fitness for a particular purpose, title, accuracy, completeness, non-infringement, or quality. 

Breathe will not be held liable or responsible for any content posted to the Website, including, but not limited to, any third-party links and/or content transmitted through the Website.  Breathe is a service provider and does not assume responsibility for any error, omission, interruption, deletion, defect, alteration, and/or destruction of identity. Breathe will not be liable for network, internet, computer, hardware, or software program malfunctions, failure, delays, or difficulties with the Website at any time.

Breathe reserve the right to discontinue the Website at any time.

 

13.  Limitation of Liability

Breathe will not be liable to you under any legal theory for damages, claims, injuries, judgments, costs, or liabilities arising out of or related to your use or misuse of the Website or Services, including, but not limited to: loss of business, loss of income, special damages, incidental damages, consequential damages, punitive damages, or exemplary damages.  You understand and agree the maximum amount that Breathe can be held liable to you under any circumstances is the amount that you paid for Services (if any), which will not exceed $500.  If no amount is paid by you to Breathe, you agree that you will be limited to injunctive relief only unless otherwise permitted by law.

The Website may contain technical inaccuracies or typographical errors or omissions.  Breathe is not responsible for any such typographical, technical, and/or pricing errors listed on the website.

 

14.  Limitation on Actions

Breathe and you both agree that any cause of action arising out of or related to the Website or any Services purchased therefrom must commence within one (1) year after the cause of action accrues.  Failure to assert said cause of action within one year will permanently bar any and all relief.

You will only be permitted to pursue claims against Breathe on an individual basis - not as a plaintiff or class member in any class action.  You will only be permitted to seek relief (including monetary, injunctive, and/or declaratory relief) on an individual basis.

 

15.  Indemnification

You agree to hold harmless, indemnify, and defend Breathe, its officers, employees, agents, successors, and assignees, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any Services made through the Website, your reliance upon advice provided through the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.

Your obligation to defend Breathe under the terms of this Agreement will not provide you with the right to control Breathe’s defense, and Breathe reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify Breathe.

 

16.  Governing Law & Jurisdiction

This Agreement will be interpreted, governed, construed, and enforced in accordance with the laws of the United States of America and the State of Michigan without giving effect to any conflict of law principles.  You and Breathe agree to personal jurisdiction in Michigan, with venue proper in Traverse City, Michigan.

 

17.  Dispute Resolution

It is the intention of you and Breathe to use reasonable best efforts to informally resolve, where possible, any dispute, claim, demand, and/or controversy arising out of the Website or Services by mutual negotiation and cooperation, a period of which shall be no less than thirty (30) days from first notice of any such dispute.

In the event that you and Breathe are unable to informally resolve any such dispute, you and Breathe agree to arbitrate any controversy, claim, or dispute arising out of or relating to this Agreement or the Services.  Arbitration under this Agreement will be held in Traverse City, Michigan, and in accordance with the most recently effective Commercial Arbitration Rules of the American Arbitration Association.  The arbitration proceeding shall be decided by a single arbitrator and the arbitrator will decide the arbitration by applying the laws and legal principles of Michigan and the federal laws of the United States.

 

18.  Mobile Devices

The Website is fully accessible via a mobile device.  To the extent you access the Website through a mobile device, some features and functionalities may look different.  Further, your wireless carrier’s standard charges, rates, and fees may apply.  Breathe is not responsible for any fees or errors that occur while accessing the Website via mobile device.

 

19.  Third Party Links 

The Website may contain links to third party websites, applications, and/or services that Breathe does not own or control.  You agree that Breathe will not be held responsible, or liable, for the content of third-party websites, applications, and/or services and that Breathe’s inclusion of those websites, applications, and/or services within its Website does not constitute Breathe’s endorsement of, of affiliation with, any of those websites, applications, and/or services.

 

20.  No Assignment

You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement.  Breathe may assign its rights and obligations under this Agreement at any time, including but not limited to, in a sale of the Website.

21. Modification

Breathe reserves the right, in its sole an absolute discretion, to modify, limit, change, discontinue, or replace the Website or this Agreement at any time.  Your continued use of the Website after said modification, limitation, change, or replacement constitutes your manifestation of asset to the same.

 

22.  Severability

If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.

 

23.  Integration 

Breathe hereby incorporates its Privacy Policy into this Agreement.  This Agreement, the incorporated Privacy Policy, and any engagement letter or retainer agreement entered by a Client, constitute the entire Agreement.

 

24.  Reservation of Rights

All rights not expressly granted herein are reserved to Breathe.

 

25.  Term and Termination

This Agreement will remain in full force and effect so long as the Website is in operation.  Breathe may terminate this Agreement without liability at any time, without notice, and for any reason.

 

26.  Notices

All notices which are required under this Agreement shall be in writing and considered sufficient if delivered via email to mallory@breathe.law.