INTRODUCTION
Welcome to Lung Clear Pro. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as the 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy.
This agreement is effective as of January 1, 2020. We reserve the right to modify this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions. Please refer to the bottom of this page for the last updated date.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations, and generally accepted online practices or guidelines.
You understand that:
In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process or your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
Accessing (or attempting to access) any of our Resources by any means other than through the means we provide is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical, or unconventional means.
Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
Privacy
Your privacy is very important to us. Please refer to our Privacy Policy to understand how we collect, manage, process, secure, and store your private information.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are “as is” and “as available.” We do not represent or warrant to you that:
The use of our Resources will meet your needs or requirements.
The use of our Resources will be uninterrupted, timely, secure, or free from errors.
The information obtained by using our Resources will be accurate or reliable.
Any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for the use of products and/or services. We will not be liable for any direct, indirect, incidental, consequential, or exemplary loss or damages incurred by you as a result of using our Resources.
Copyrights/Trademarks
All content and materials available on Lung Clear Pro, including but not limited to text, graphics, website name, code, images, and logos, are the intellectual property of this website and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display, or transmission of any content on this site is strictly prohibited unless specifically authorized by this website.
Termination of Use
We may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including breach of this User Agreement. Upon suspension or termination, your right to use the Resources we provide will cease.
Shipping & Returns
For shipping and returns information, please refer to our Shipping & Returns Policy.
Guarantee
We offer a 100% Money Back Guarantee. For details, please refer to our Guarantee Policy.
Unsolicited Commercial E-mail Policy (Anti-Spam Policy)
We are committed to protecting your privacy and prohibit the use of unsolicited commercial emails. Please refer to our Anti-Spam Policy for more information.
Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver
Any disputes arising from this User Agreement or related matters shall be resolved through confidential arbitration. Please refer to our Dispute Resolution Policy for more information.
Contact Information
If you have any questions or comments about these Terms of Service, please contact us via the contact us page on our website.
Resellers/Distributors
For inquiries regarding our Reseller/Distribution Program opportunities, please contact us.
Unsolicited Commercial E-mail Policy (Anti-Spam Policy)
Internet user privacy is of paramount importance to Lung Clear Pro and our customers. We support the protection of client and consumers’ privacy rights as a fundamental element of our business. Since personal privacy integrity is at the very core of our business, our success depends on our ability to maintain the trust of the people viewing our products. To this end, we have two overriding policies:
A. Message Recipient Policy: Before clients can receive Lung Clear Pro's messages, advertising, or promotions, clients must have agreed to receive such messages. Any recipient may request at any time to be removed from our list, and we will comply with that request. In addition, we will thoroughly investigate any allegations made by recipients relating to unsolicited messages.
B. Policy against advertising our website using unsolicited email messages: We require that all emails promoting Lung Clear Pro or its products are sent only to clients who have agreed to receive such messages. We prohibit any advertising of our brand and website using unsolicited email messages. Not complying with this policy will cause partnership termination and/or affiliate account termination. If you feel you’ve been sent unsolicited emails promoting our brand or website and would like to register a complaint, please email our abuse department ([email protected]). We will immediately investigate all allegations made related to unsolicited messages.
C. You can unsubscribe at any time: We require that each email message sent out from Lung Clear Pro includes an easy way for subscribers to remove themselves via an unsubscribe link. If you receive a newsletter or email and decide you don’t like it, simply click the unsubscribe link at the bottom of the email. If you feel you’ve been sent unsolicited email and would like to register a complaint, please email our abuse department ([email protected]).
D. Definition of Spam: Spam is unsolicited email sent in bulk. Any promotion, information, or solicitation that is sent to a person via email without their prior consent, where there is no pre-existing relationship between the sender and the recipient, is spam.
E. Examples of Spam: Any email message that is sent to a recipient who had previously signed up to receive newsletters, product information, or any other type of bulk email but later opted-out by indicating to the sender that they did not want to receive additional email, then that email is spam. Any email message that is sent to recipients that have had no prior association with the organization or did not agree to be emailed by the organization is spam. Any email message that is sent to a recipient without a way for a person to opt-out or request that future mailings not be sent to them is spam. Any email message that does not have a valid email address in the From Line is spam. Any email message that contains any false or misleading information in the header, subject line, or message itself is spam. Any email message that promotes an adult website is spam unless the recipient has specifically requested information from that website. Any message that is sent to email addresses that have been harvested off of websites, newsgroups, or other areas of the Internet is spam.
Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
All disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof, the Privacy Policy, the Shipping & Returns Policy, our relationship, or your use or attempted use of the Website or any product or service, shall be submitted to and finally resolved by individual, confidential arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. The following terms shall apply. You, Lung Clear Pro, or any involved third party may pursue a claim. Lung Clear Pro agrees to final and binding confidential arbitration should it have any claims against you. Likewise, you agree to final and binding confidential arbitration should you have any claims against Lung Clear Pro. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any claims to final and binding confidential arbitration. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.
The arbitrator shall follow the substantive law of the State of New York without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
You and Lung Clear Pro agree to commence any arbitration proceeding within 1 year after the claim arises (the 1-year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.
This policy was last modified on January 1, 2019.