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CINIM DISCLAIMER & TERMS OF USE

Welcome to BreathingRoom™™. Please review the following terms and conditions concerning the use of this site. Your use of BreathingRoom™, which includes the app and “YourBreathingRoom™.com” online program, (the "Site") is governed by the terms outlined below. If you do not agree to these terms, conditions, and disclaimer you may not use this Site for any reason and you must immediately discontinue your use of the Site.

DISCLAIMER

You should always consult your physician or qualified mental health professional before following any alternative solution to any physical or mental health problem or before following any health regimen.

As a user of the Site, you must take complete responsibility for its use. Please be aware that some of the visualization exercises included on the Site can cause drowsiness and decreased mental alertness. Do not operate heavy machinery or drive a motor vehicle while or right after participating in the visualization exercises.

CINIM does not claim that anything offered in the program, on or offline, will diagnose, cure or prevent any disease or disorder of any kind, including depression. The information presented on the Site and the services offered are in no way meant to replace professional medical or other treatments offered by any physician or other health care professional.

You should not start, stop or change medication or any other treatment based on information available on the Site. The information in the Site does not does not replace the considered judgment of a licensed medical practitioner. If you suffer from any physical or mental health issue you should seek help from health care professionals.

TERMS OF USE

General

By using this resource you are agreeing and representing that you are of the age of majority in the jurisdiction in which you reside, or have the consent of your parent/guardian to use this resource.

You acknowledge and agree that the user identification that allows you to access and utilize the Site (your "User Name"), and the password selected by and used by you in conjunction with your User Name are to be kept secret and confidential so to protect your privacy.

You acknowledge and agree that you will be responsible for each and every access or use of the Site that occurs in conjunction with your User Name and such passwords, and that CINIM is authorized to accept your User Name and password as conclusive evidence that you have accessed or utilized the Site.

Use of Website Information

You may download, view, copy and print Site Information subject to the following: (i) the Site Information may be used solely for personal, informational and non-commercial purposes; and (ii) the Site Information may not be modified or altered in any way. Additionally, you may not use, download, copy, print, display, perform, reproduce, publish, license, post, transmit, or distribute any Site Information in whole or part without prior written permission of BreathingRoom™. Further to this information, you may not use, download, copy, print, display, perform, reproduce, publish, license, post, transmit, or distribute any Site Information in violation of Canadian export laws or regulations, or in violation of any applicable local laws or regulations.

Registration

BreathingRoom™ provides a personalized content and training experience. In creating an account, we require you to provide limited information about yourself, including your email address and a password (Account Information). We may use your Account Information to send other email communications about customer service, new product modules and other matters. You may choose to opt out of much of this email correspondence, however, we will still send you emails pertaining to account issues. We do not provide your personal information to third parties for their marketing purposes. Please refer to our Privacy Policy for further information.

No Guarantee of Availability of Materials

As part of our endeavor to strive for ongoing improvements of BreathingRoom™, we may retire or change certain modules or activities, or enable new modules or activities. We reserve the right to make modifications to BreathingRoom™ at our discretion.

Feedback

All feedback, comments, information or materials submitted to BreathingRoom™ through or in association with this Site shall be considered non-confidential and the property of BreathingRoom™. By submitting such materials to BreathingRoom™, you agree to a no-charge, worldwide assignment to BreathingRoom™ of all rights, title and interest in the copyright and other intellectual property rights to the materials, and BreathingRoom™ shall be free to use the materials on an unrestricted basis.

Trademark and Copyright Information

Users of the Site are granted a limited license to use (display or print) the Content for personal non-commercial use only, provided the Content is not modified and all copyright proprietary notices are retained. The Site is Copyright 2009 Canadian Institute of Natural and Integrative Medicine (CINIM). All Rights Reserved. BreathingRoom™ is a registered trademark of CINIM and all service names, slogans, or logos referenced in the Site are trademarks or registered trademarks of BreathingRoom™. All other company product or service names referenced in this Site are used for identification purposes only and may be trademarks or registered trademarks of their respective owners.

Governing Law and Jurisdiction

The Site is controlled by CINIM from its offices in Calgary, Alberta, Canada. All matters relating to your access to, or use of, this Site shall be governed by Canadian Federal law and the laws of the Province of Alberta. Any legal action or proceeding relating to your access to, or use of, this Site shall be instituted in the Alberta Court of Queen's Bench in the Judicial District of Calgary. You and BreathingRoom™ agree to submit to the jurisdiction of that court in any such legal action or proceeding.

Links to other Websites

Links on this site may lead to servers maintained by individuals or organizations other than CINIM. The information and materials were not developed by CINIM and CINIM makes no representation or warranty regarding the accuracy, timeliness, suitability or any other aspect of the information located on such servers and neither monitors nor endorses such servers or content. These links are provided to you as a convenience only and your visit to any such website is at your own risk.

CINIM does not represent or warrant that the information accessible via this Site is accurate, complete, or current, nor free of viruses, contamination or destructive features.

Liability

This App is provided on an "as is" basis. CINIM makes no representations or warranties of any kind, express or implied, as to: (a) the accuracy, timeliness, suitability or any other aspect of this Site (b) any content on or accessed through this Site for any purpose or the operation of the Site or (c) the information, content, materials, or products included or sold or described on this Site.

In no event shall CINIM, its members, affiliates, partners, employees, agents and representatives be liable for any direct, indirect, incidental, special, exemplary, consequential or other damages whatsoever, (including but not limited to liability for loss of use, data or profits), arising out of or in connection with this Site, any content or accessed through this Site, or any copying, display or other use thereof. IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS SITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) CANADIAN DOLLARS

Privacy

We respect each site visitors right to personal privacy. The collection, use and disclosure of personal information by CINIM are governed by its Privacy Policy, which can be accessed in the app Settings. By using the Site you are accepting the practices described in its Privacy Policy. It is imperative that you review the CINIM Privacy Policy before you access the Site so that you understand how your personal information is collected, used and disclosed by CINIM.

By using BreathingRoom™ or signing up for an account, you are agreeing to the provisions of this disclaimer, consent to the collection, use and disclosure of your personal information pursuant to the Privacy Policy and wish to access the Site. If you have any further queries relating to this disclaimer, or have any feedback or a comments, please contact CINIM at BreathingRoom™@cinim.org.

Disclaimer

All information is collected for the sole purpose of improving the program, it is totally confidential and will not be shared. Anonymous aggregate date may be published.

CoreHealth™ Technologies Inc. Software License Agreement

This Agreement governs your use of CoreHealth™ Technologies Inc. ("CoreHealth") software (the "Software") and website (the "Website"). It exempts CoreHealth and other persons from liability or limits their liability, and contains other important provisions that you should read.

Each time you use the Software or the Website you signify your acceptance and agreement, without limitation or qualification, to be bound by this Agreement as it then reads, and you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website or the Software.

1. Ownership and Permitted Use of CoreHealth Products

The Website and the Software (including all content and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through Website or the Software) is the property of CoreHealth and others, and is protected by Canadian and international copyright, trade-mark and other laws. Under the terms of this Agreement, CoreHealth grants you a non-exclusive license to use the Website and Software. CoreHealth may revoke your license at anytime in its sole discretion. Your use of Website and the Software does not transfer to you any ownership or other rights.

You may print Website pages provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and its content may not be copied, framed, scraped, mirrored, data mined, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of CoreHealth. You may not sell or resell any part of Website or the Software or access to Website or the Software, without the express prior written consent of CoreHealth.

2. Trade-mark Information

CoreHealth Technologies Inc., CoreCommunity, CoreAssist, CoreXL, CoreAssessment and CoreCoach are trade-marks and trade names owned or licensed by CoreHealth.

Other names and logos appearing on or in connection with the Website or the Software may be registered or unregistered trade-marks, service marks, trade names and logos of their respective owners.

Any use of the trade-marks, service marks, trade names or logos displayed on or in connection with the Website or the Software is strictly prohibited, and nothing appearing on or in connection with the Website or the Software will be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of those marks.

3. Disclaimers, Liability Exclusions/Limitations and Indemnity

Disclaimers

Your access to and use of the Software and the Website is at your own risk. The Software and the Website are provided on an "as is" and "as available" basis, without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied representations, warranties or conditions of or relating to accuracy, accessibility, availability, completeness, durability, errors, fitness for a particular purpose, lack of negligence, merchantability, non-infringement, performance, privacy, quality, results, security, sequence, service, timeliness, title, uninterrupted service, viruses or workmanlike effort, all of which are hereby waived by you and disclaimed by CoreHealth to the fullest extent permitted by law. There will not be any representations, warranties or conditions created by a course of dealing, course of performance or trade usage.

Without limiting the generality of the foregoing, CoreHealth is not responsible for any health or medical conditions arising from or attributable to your use of the Website and Software. CoreHealth provides generalized information only. Specialized advice can only be provided by your health care professionals. You are strongly advised to consult a physician before commencing any exercise or fitness program.

Liability Exclusions

Without limiting the generality of the foregoing and notwithstanding any other provision of this agreement, under no circumstances will CoreHealth ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Website or the Software, this Agreement, the subject matter of this Agreement, the termination of this Agreement or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by CoreHealth or any person for whom CoreHealth is responsible, and even if CoreHealth has been advised of the possibility of such loss or damage being incurred.

Liability Limitation

Without limiting the generality of the foregoing and notwithstanding any other provision of this agreement, under no circumstances will the total aggregate liability of CoreHealth to you or any other person under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by CoreHealth or any person for whom CoreHealth is responsible, and even if CoreHealth has been advised of the possibility of such potential loss or damage being incurred, ever exceed TEN DOLLARS $10 (CDN). You hereby release, remise and forever discharge CoreHealth from any and all liability in excess of TEN DOLLARS $10 (CDN).

Indemnity

You will indemnify, defend and hold CoreHealth harmless from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by CoreHealth in connection with any claim, demand or proceeding arising out of, related to, or connected with your access to or use of the Website or the Software, your Breach of this agreement, or any wrongful conduct by you or any person for whom you are responsible under this Agreement or at law. You will assist and co-operate as fully as reasonably required by CoreHealth in the defence of any such claim, demand or proceeding.

Personal Data

By your use of the Website and the Software, you represent and warrant that, where applicable, you are in compliance with any and all laws that govern your use of the Website and the Software in connection with Personal Data. CoreHealth assumes no responsibility whatsoever for compliance with any such laws that may apply to your use of the Website and the Software in connection with such Data.

Acknowledgement

You acknowledge and agree that this Agreement represents a fair allocation of risk and liability. Advice and information provided by CoreHealth, whether oral or written, will not create any representation, warranty, condition or guarantee or vary or amend this Agreement (including this Section), and you may not rely upon any such advice or information.

4. Governing Law and Dispute Resolution

This Agreement, your access to and use of the Website and the Software, and all related matters are governed solely by the laws of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. Any dispute between you and CoreHealth or any other person arising from, connected with or relating to the Website or the Software, this Agreement, or any related matters (collectively "Disputes") will be resolved before the Courts of British Columbia, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.

Any rights not expressly granted by this Agreement are reserved to CoreHealth.

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